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Agenda 07-16-24The City of Boynton Beach City Commission Agenda Tuesday, July 16, 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 1 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 comments to the Commission at their meetings during Public Comment on Consent Agenda Items, R egular Agenda Items, Public Hearings, a n d Public Audience, as hereinafter described. Individual speakers must complete a comment card and file it with the City Clerk. City Commission meetings are business meetings, and, as such, the Commission retains the right to impose time limits on the discussion of an issue. Consent Agenda Items: Any citizen may speak on any official agenda item(s) listed on the Consent Agenda under the section entitled "Consent Agenda Items." Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the Regular Agenda after a motion has been made and properly seconded. Public Audience: Any citizen may speak concerning any matter within the scope of the jurisdiction of the Commission. The time limit for Public Comments shall be limited to 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. 2 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 4.Administrative A.Advisory Board Appointments. B.Discussion regarding changing the date of the second Commission meeting in September. C.Purchases over $10,000 for May 2024. The City of Boynton Beach encourages interested parties to attend public meetings either in- person or via technology online. To view 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. 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 Pastor Nate Santos, Living Waters Church Pledge of Allegiance to the Flag led by Vice Mayor Kelley Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Discuss changing the second meeting in September, due to the County's final budget hearing, which takes place on September 17, 2024. There is a conflict with the International Economic Development Council Conference, from September 15- 18, 2024, if the Commission will be attending as the CRA Board. Receive the written report to the Commission for purchases over $10,000 for the month of May 2024 for such purchases under the $50,000 bid threshold for personal property, commodities, and services, or $200,000 for construction. 3 D.Community Support Funds. 5.Public Comments on Consent Agenda Items 6.Consent Agenda 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 under $100,000 as described in Exhibit A for July 16, 2024 - "Request for Extensions and/or Piggybacks." B.Authorize the Finance Department to reduce the Allowance for Utility Uncollectible Accounts and the Accounts Receivable Accounts by $74,330.99. C.Proposed Resolution No. R24-150- Approving the final rankings as recommended by the Selection Committees and authorizing staff to conduct negotiations with the three (3) recommended top-ranked proposers in each of the ten (10) Scope Categories to establish contracts in accordance with the Request for Qualifications (RFQ) No. CW24-001 for General Engineering Consulting Services, as per section 287.055, Florida Statutes, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). D.Proposed Resolution No. R24-151- Ratifying the South Central Regional Wastewater Treatment and Disposal Board 2025 Budget. E.Proposed Resolution No. R24-152- Approve and authorize the City Manager to sign a developer agreement between the City of Boynton Beach and 4298 Hypoluxo Rd, LLC, a Florida limited liability company (Developer), for the construction of a 4" force main on Hypoluxo Rd. F.Proposed Resolution No. R24-153- Approve the annual expenditure increase from $45,000 to $85,000, for Information Consultants, Inc. to provide City-wide annual Laserfiche maintenance and support services. Approve Community Support Funds request from Commissioner Hay . Public Comments on Consent Agenda Items: Any citizen may be heard concerning any matter on the Consent Agenda. 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). Individual speakers must complete a comment card and file it with the City Clerk. 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 under $100,000 as described in Exhibit A for July 16, 2024 - "Request for Extensions and/or Piggybacks." Authorize the Finance Department to reduce the Allowance for Utility Uncollectible Accounts and the Accounts Receivable Accounts by $74,330.99 on 468 customers. Staff recommends approval of Proposed Resolution No. R24-150. Staff recommends approval of Proposed Resolution No. R24-151. Staff recommends approval of Proposed Resolution No. R24-152. 4 G.Proposed Resolution No. R24-154- Approve and authorize the City Manager to sign the 2023 Florida Statewide Mutual Aid Agreement. H.Proposed Resolution No. R24-156- Approve agreement in the amount of $72,000 with Kaiser Consulting Group, LLC for receiving and relocating 12 Gopher Tortoises from the East Water Treatment Plant and authorize the City Manager to sign the related agreement. I.Proposed Resolution No. R24-157- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. J.Proposed Resolution No. R24-158- Approving the Conditional Settlement Agreement and Release totaling $275,000 in connection with Claim No. PGCS 426943/Tristar 24911534. K.Motion to Authorize City Attorney to file an appeal in Case No. 220923-09495. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-155- Approve and authorize the City Manager to sign a piggyback agreement with ErgoFlex Systems Inc, dba Xybix Systems, Inc., for the renovation and upgrading of the Boynton Beach Police Department's Communications Center, 2080 High Ridge Road, in an amount not to exceed $205,497.21, utilizing State of Florida Contract #43190000-22-NASPO-ACS. B.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 July 16, 2024 - "Request for Extensions and/or Piggybacks." C.Proposed Resolution No. R24-159- Approve a Piggyback Agreement between the City and The Sutphen Corporation for the purchase of three (3) vehicles for replacement, which are scheduled in the FY2024/FY2025, FY2025/2026, and FY2026/2027 budget years, by utilizing Sourcewell Contract 113021 in a not to exceed amount of $5,039,175, plus a contingency of twenty-two percent (22%) for vehicle increases, should these vehicles no longer be available and new models be available delivered, and authorize the City Manager to execute all documents necessary to effectuate the purpose. Staff recommends approval of Proposed Resolution No. R24-153. Staff recommends approval of Proposed Resolution No. R24-154. Staff recommends approval of Proposed Resolution No. R24-156. Staff recommends approval of Proposed Resolution No. R24-157. Staff recommends approval of Proposed Resolution No. R24-158. Approve Motion to Authorize. Staff recommends approval of Proposed Resolution No. R24-155. 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 under $100,000 as described in Exhibit A for July 16, 2024 - "Request for Extensions and/or Piggybacks." 5 D.Proposed Resolution No. R24-160- Approve award of Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites and authorized the City Manager to sign a contract with Brightview Landscape Services, Inc. of Blue Bell, PA. The estimated annual expenditure is $229,547.35 with staff requesting an additional $60,000 for any unforeseen needed requests for a total expenditure of $289,547.35. The bid allows for three (3), one (1) year renewals. E.Proposed Resolution No. R24-161- Approve and authorize the City Manager to sign a limited term extension amendment for repairs and emergency services for Water Distribution, Wastewater Collections and Stormwater utility services. F.Proposed Resolution No. R24-162- Amend FY 2023-24 Capital Project account. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (303). Proposed Resolution No. R24-163- Award Bid # CS24-038 for Road Resurfacing and Pedestrian Crossing Projects for Golfview Harbor and The Meadows to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating LLC in the amount of $853,788.40 plus a 10% contingency amount of $85,378.84 for a total estimated amount of $939,167.24. 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.Regular Agenda A.Proposed Ordinance No. 24-013- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund amending Section 18-165 to update the definition of compensation or salary to reflect current practice; amending Section 18-169 to add 20-year retirement for members hired after October 1, 2019, who retire after October 1, 2024; amending Section 18-174 to update required minimum distribution age in compliance with secure act 2.0 changes; and amending Section 18-175 deferred retirement option plan to reflect change in definition of compensation or salary; providing for codification conflict, severability, and an effective date. B.Adopt-A-Road Program Staff recommends approval of Proposed Resolution No. R24-159. Staff recommends approval of Proposed Resolution No. R24-160. Staff recommends approval of Proposed Resolution No. R24-161. Staff recommends approval of Proposed Resolution No. R24-162 and R24-163. Staff recommends approval of Proposed Ordinance No. 24-013, on first reading. 6 11.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 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 Rapid Re-housing Program.- TBD Presentation introducing the City's Adopt-A-Road Program 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. Requested by Vice Mayor Kelley. Requested by Commissioner Turkin. Requested by Commissioner Hay. Requested by Mayor Penserga. Requested by Mayor Penserga. 7 Q.Discussion regarding formalized Tree Planting Program.- TBD R.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD S.Discussion regarding Hazard Pay for Community Standards.- TBD T.Discussion regarding requirements for Advisory Board Appointments.- TBD U.Discussion regarding Artificial Turf Ordinance.- TBD 12.Public Audience 13.Adjournment Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Commissioner Cruz. Requested by Commissioner Cruz. Requested by Vice Mayor Kelley. Requested by Commissioner Turkin. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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). Individual speakers must complete a comment card and file it with the City Clerk. 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. 8 City of Boynton Beach Agenda Item Request Form 4.A Administrative 07/16/2024 Meeting Date: 07/16/2024 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_July 16, 2024.docx Broglia, Valentina - Historic Resources Preservation Board.pdf Rodriguez, Andrea - Historic Resources Preservation Board.pdf 9 Advisory Board Vacancies July 16, 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 Education and Youth Advisory Board Regular member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms 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 III Turkin Regular Replaces 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:Valentina Broglia Andrea Rodriguez 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 Mayor Penserga Regular Vacant Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicants:None 10 Advisory Board Vacancies July 16, 2024 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 11 Stanzione, Tammy From: City Clerk Sent: Monday, June 24, 2024 4:13 PM To: De Jesus, Maylee; Stanzione, Tammy Subject: FW: Advisory Board Appointment application From:Valentinabrogs<noreply@123formbuilder.com> Sent: Monday,June 24, 2024 4:04 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 06/24/2024 Name Valentina Broglia Phone number 561-254-8907 Address 420 Mission Hill Rd Boynton Beach FL 33435 United States Email Valentinabrogs@gmail.com Current occupation or, if Planner at the City of West Palm Beach retired, prior occupation Education Bachelor of Urban Design Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? If"yes",which board(s) and when? Have you ever been convicted No of a crime? 12 If"yes", when and where? Advisory Board Historic Resources Preservation Board If appointed by the City Commission to serve as Board No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications A resident of Boynton Beach for over a decade and a graduate from Florida Atlantic University with a Bachelor's in Urban Design and have an Architectural background as I had 5 years of college classes before switching to Urban Design. As a current Planner for the City of West Palm Beach Development Services department I have experience in development and work under close supervision with the Historic Preservation planners in reviewing plans to meet design standards to keep the characteristics and unique design of new constructions within Historic districts and rehabilitation of contributing and non-contributing landmarks, such as structure that hold importance to the Boynton Beach History. Professional Memberships American Planning Association (APA) Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 151.132.105.62 (United States) at 2024-06-24 15:04:05 on Chrome 126.0.0.0 Entry ID: 688 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 13 Stanzione, Tammy From: City Clerk Sent: Tuesday, June 25, 2024 7:29 AM To: De Jesus, Maylee; Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: andrearodf77 <noreply@123formbuilder.com> Sent: Monday,June 24, 2024 10:05 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 06/24/2024 Name Andrea Rodriguez Phone number 561-374-0260 Address 420 Mission Hill Rd Boynton Beach FL 33435 United States Email andrearodf77@icloud.com Current occupation or, if retired, prior occupation Associate Architect Education M. Architecture Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City board in the past? No If"yes", which board(s) and when? Have you ever been convicted No of a crime? 14 If"yes",when and where? Advisory Board Historic Resources Preservation Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you No willing to serve in this capacity? Personal Qualifications I believe I'm a good fit for historic presentation board, I have studied architectural history and got envolved in historical architectural design, research and analysis while I was studying in Florence Italy. I have also years of experience as interior designer and currently working at Garcia Stromberg Architects as Arch Associate. Professional Memberships AIA Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.1.128.217 (United States) at 2024-06-24 21:04:48 on Safari 17.5 Entry ID: 689 Referrer: https://www.boynton-beach.orgj Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 15 City of Boynton Beach Agenda Item Request Form 4.B Administrative 07/16/2024 Meeting Date: 07/16/2024 Discussion regarding changing the date of the second Commission meeting in September. Requested Action: Discuss changing the second meeting in September, due to the County's final budget hearing, which takes place on September 17, 2024. There is a conflict with the International Economic Development Council Conference, from September 15-18, 2024, if the Commission will be attending as the CRA Board. 16 City of Boynton Beach Agenda Item Request Form 4.C Administrative 07/16/2024 Meeting Date: 07/16/2024 Purchases over $10,000 for May 2024. Requested Action: Receive the written report to the Commission for purchases over $10,000 for the month of May 2024 for such purchases under the $50,000 bid threshold for personal property, commodities, and services, or $200,000 for construction. 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 May 2024: 241280 SRI CONSULTANTS, INC. $ 29,800.00 241322 MADSEN/BARR CORPORATION $ 181,906.25 241329 ALL COUNTIES PAINTING LLC $ 129,648.75 241330 ANZCO, INC. $ 177,656.00 241333 SHI $ 17,896.00 241335 GIANNETTI CONTRACTING CORPORATION $ 199,510.00 241337 ANZCO, INC. $ 186,365.00 241347 SUNILAND CORP. $ 19,680.00 241351 C4 RENTS INC $ 17,358.00 241359 VILLA'S CONSTRUCTION $ 114,056.03 241366 SOUTH PARTY RENTS LLC $ 10,474.30 How will this affect city programs or services? Ordinance No. 01-66, Chapter 2, Section 2-56.1 assists departments in the 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. 17 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 $10k - May 2024.pdf 18 1.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/1/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 2.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/13/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 3.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/15/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 4.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/15/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 5.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:05/15/20240 Brief Description of Purchase: Source for Purchase:Fund Source: 6.Vendor:GIANNETTI CONTRACTING CORPORATION Purchase Amount: Requesting Department:Contact Person: Date:5/15/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 7 Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/16/2024 Brief Description of Purchase: Source for Purchase:Fund Source: PROJECT # WT2403 CITY MANAGER'S OFFICE GAIL MOOTZ INSTALLATION OF PRIVACY WALL ON LITTLE LEAGUE ROAD. THREE QUOTES 303-4220-572.63-05 ANZCO, INC. 17,896.00$ SPECIAL PROJECTS GAIL MOOTZ LICENSE RENEWAL FOR SMARTSHEET. SHI UTILITIES GAIL MOOTZ REPAIR STUCCO AT WWTP. THREE QUOTES 403-5000-533.49-17 PIGGYBACK SOURCEWELL CONTRACT 401-2821-536.46-91 199,510.00$ UTILITIES 130-2411-524.46-91 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR May 2024 MADSEN/BARR CORPORATION 181,906.25$ UTILITIES BRANDON MINGO ANZCO, INC.177,656.00$ UTILITIES GAIL MOOTZ PIPE PAINTING AT EWTP. PRIME, PAINT ALL METAL PIPES THAT RUN ALONG THE BACK OF THE BUILDINGS AND WATER TANKS. COBB # 01325119 403-5000-533.49-17 EMERGENCY 12 INCH WATER MAIN BREAK REPAIR ON BOYNTON BEACH BLVD AND LAWRENCE. CONFIRMING 403-5000-533.65-02 ALL COUNTIES PAINTING LLC 129,648.75$ PROJECT # WT2411 SRI CONSULTANTS, INC.29,800.00$ TREMAINE JOHNSON PUMPING STATION 802 REHAB PROJECT 403-5000-535.65-04 186,365.00$ COBB # 028282119 PROJECT # SW2402TASK ORDER # LS-19-2024 ENGINEERING ANDERSON SLOCOMBE SCHOOLHOUSE CHILDREN'S MUSEUM ENGINEERING SERVICES FOR PHASE II. DESIGN, DRAWINGS EXEMPT - CCNA FSS SS 287.05S 303-4107-573.62-01 POJECT # GG245 COBB # 019282119 001-1410-513.46-91 NUMBER 081419-SHI PROJECT # RP2416 PROJECT # WT2412 19 8.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/17/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 9.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/20/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 10.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:5/22/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 11.Vendor:SOUTH PARTY RENTS LLC Purchase Amount: Requesting Department:Contact Person: Date:5/23/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 12.Vendor:Purchase Amount: Requesting Department:Contact Person: Date: Brief Description of Purchase: Source for Purchase:Fund Source: GABBY FAVITTA TENT RENTAL FOR TASTE OF BOYNTON 2024 THREE QUOTES 411-2911-572.52-19 SUNILAND CORP.19,680.00$ GOLF SAM REEP PURCHASE FERTILIZER FOR GOLF COURSE. ARTS AND CULTURAL CENTER KELLY ARMSTEAD PAYMENT OF PAST DUE INVOICES. CONFIRMING 105-3229-573.49-17 OCEANFRONT PARK CONCESSION BUILDING RENOVATION. THREE QUOTES 303-4204-572.62-01 10,474.30$ 0 -$ PROJECT # RP2420 PROJECT # SE2438 THREE QUOTES 001-1213-519.48-24 VILLA'S CONSTRUCTION 114,056.03$ CONSTRUCTION SERVICES JOSE MURRAY C4 RENTS INC 17,358.00$ EVENTS 20 City of Boynton Beach Agenda Item Request Form 4.D Administrative 07/16/2024 Meeting Date: 07/16/2024 Community Support Funds. Requested Action: Approve Community Support Funds request from Commissioner Hay . How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: Boynton Beach Bulldogs.pdf 21 22 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 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 under $100,000 as described in Exhibit A for July 16, 2024 - "Request for Extensions and/or Piggybacks." Requested Action: 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 under $100,000 as described in Exhibit A for July 16, 2024 - "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 piggyback 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 Exhibit A (as required). VENDOR(S)DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Construction Hydraulics of Lake Worth, Inc. Hydraulic Cylinder and Valve Parts and Repairs City of Boynton Beach Bid No. 022- 2516-21 July 7, 2024 - July 6, 2025 Annual Estimated Expenditure $70,000.00 23 FLSC, LLC dba Florida Textile Recycling Programs Textile Recycling and Collection Program City of Boynton Beach RFP # 009- 1210-18/IT August 6, 2024 - August 5, 2027 Revenue Generating $175.11 per bin per month (at least 20 bins no more than 50 bins generating an approximately $42,025.29 annually plus CPI for YR) How will this affect city programs or services? The renewal(s) will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted in the attached - Exhibit A. Attachments: 100K Under.pdf Renewal Interest Letter - Hydraulic Cylinders-Valve Parts-Repairs - 2024-2025 SIGNED.pdf Renewal Interest Letter - FLSC LLC FL Textile Recycling_Collection - Signed 24-27.pdf 24 25 26 27 28 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Authorize the Finance Department to reduce the Allowance for Utility Uncollectible Accounts and the Accounts Receivable Accounts by $74,330.99. Requested Action: Authorize the Finance Department to reduce the Allowance for Utility Uncollectible Accounts and the Accounts Receivable Accounts by $74,330.99 on 468 customers. Explanation of Request: The City must establish an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables in utility and sanitation funds. By establishing that allowance annually this write-off request will have no impact on the City’s financial statements. Liens are placed on properties with large owner debt. Ownership is verified, and the majority of properties are sitting vacant; these accounts are not included in the write-off. The properties are being billed for services, and the balances are collected at the time of sale. The amount includes small balances of less than $25.00. This amount consists of unpaid Utility billings, miscellaneous charges (late fees, penalties, service adjustments), taxes, and other adjustments that have been in collections over one year prior to September 2024, the occurrence of the last write-off, through October 2023 final accounts with balances. The write- off period is defined as October 2023 through September 2024. The Utility has developed processes and procedures to minimize unpaid utility bills. Shut-off for non-payment is the initial action. Payment plans are offered for customers with balances and circumstances. Tenant accounts are monitored for shut off for non-payment and vacancy and are placed in owner’s name, if not already, within 75 days of tenant non-payment. Most of the write-off balances result from bankruptcies, commercial tenant accounts, residential tenant accounts, and small balances. The $74,330.99 involves 468 customer accounts closed from October 2023 through September 2024. The write-off is a financial process and does not erase the debt from an individual or a property. The City, during account transition, collects any written-off debt that is possible, whether it is a property transaction with owner debt or if a “tenant” attempts to open a utility account with the city; past debt is 29 presented for payment/collection before a new account can be established. With assistance from the City Clerk’s office, the lien search process that is standard for real estate transactions has been streamlined and is defensible in the collection of owner debt. Collections By Service: TYPE AMOUNT Refuse $10,833.65 Stormwater $5,328.38 Sewer $19,906.36 Water $23,261.88 Miscellaneous $11,352.54 Tax $1,679.88 Written Off Adjustments $1,968.30 Overall Write-Off Total $74,330.99 How will this affect city programs or services? The City is required to establish an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables both in utility and sanitation funds. By establishing that allowance annually this write-off request will have no impact on the City’s financial statements Fiscal Impact: Finance Department will make the required adjustment to 401-0000-117-xx- 00 uncollectable accounts. Previous Historical write-offs: FY 19/20 - $111,995.88 .0001% of revenue FY 20/21 - $166,622.36 .0001% of revenue FT 22/23 - $127,351.01 .0001% of revenue 30 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-150- Approving the final rankings as recommended by the Selection Committees and authorizing staff to conduct negotiations with the three (3) recommended top-ranked proposers in each of the ten (10) Scope Categories to establish contracts in accordance with the Request for Qualifications (RFQ) No. CW24- 001 for General Engineering Consulting Services, as per section 287.055, Florida Statutes, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). Requested Action: Staff recommends approval of Proposed Resolution No. R24-150. Explanation of Request: On December 19, 2023, pursuant to the Consultants’ Competitive Negotiation Act (CCNA), Procurement Services received a total of eighty-one (81) proposals in response to the “Request for Qualifications for General Consulting Services.” This RFQ was issued seeking qualifications from firms interested in providing general engineering consulting services to the City. The General Engineering Consulting Services were separated into eleven (11) scope categories: Scope A – Water Plant Modifications, Capacity, and Operation Evaluation; Scope B – Infrastructure Improvements and Evaluations; Scope C – Ancillary Studies and Services; Scope D – Transportation Services; Scope E – Architectural and Design Services, Scope F - Hydrogeological Services; Scope G- Green Infrastructure, Sustainability, and Resiliency Services; Scope H - Geotechnical Services; Scope J - Civil Land Development Consulting Services; and Scope K - Recreation and Parks Services. Pursuant to the RFQ and state statute firms in each category were selected to provide presentations. Scope I - Structural Engineering Services was canceled because the City did not receive a sufficient number of proposals. After reviewing all proposals in accordance with the evaluation criteria contained in the RFQ and in ten (10) different public meetings, the selection committees scored and ranked the firms 31 and shortlisted the following firms: SCOPE A INITIAL 1ST RANKING Carollo Engineering, Inc.1st Jacobs Engineering Group, Inc.2nd Globaltech, Inc.3rd McKim & Creed 4th CHA Consulting, Inc.5th McCafferty Brinson Consulting, LLC 6th SCOPE B INITIAL 1ST RANKING Baxter & Woodman, Inc.1st Kimley-Horn and Associates, Inc.2nd Carollo Engineering, Inc.3rd Black& Veatch Corporation Tie (4th) CDM Smith, Inc.Tie (4th) CES Consultants, Inc.6th SCOPE C INITIAL 1ST RANKING CDM Smith, Inc.1st Carollo Engineering, Inc.2nd GHD Services, Inc.3rd CHA Consulting, Inc.4th SCOPE D INITIAL 1ST RANKING Kimley-Horn and Associates, Inc.1st Baxter & Woodman, Inc.2nd Johnson, Mirmiran & Thompson 3rd The Corradino Group, Inc.4th SCOPE E INITIAL 1ST RANKING West Architecture + Design, LLC 1st BEA Architects, Inc 2nd CPZ Architects, Inc.3rd Kanthan Design Corporation 4th SCOPE F INITIAL 1ST RANKING Jacobs Engineering Group, Inc.1st Hazen and Sawyer 2nd South Florida Engineering and Consulting 3rd SCOPE G INITIAL 1ST RANKING EXP U.S. Services, Inc.1st 32 GHD Services, Inc.2nd Baxter & Woodman, Inc.3rd Chen Moore and Associates 4th SCOPE H INITIAL 1ST RANKING Colliers Engineering & Design, Inc.1st Tierra South Florida, Inc.2nd RADISE International, LC 3rd GFA International, Inc. dba Universal Engineering Sciences 4th SCOPE J INITIAL 1ST RANKING Keith and Associates, Inc.1st Craven Thompson & Associates, Inc.2nd Caulfield & Wheeler, Inc.Tie (3rd) HBC Engineering Company Tie (3rd) SCOPE K INITIAL 1ST RANKING Kimley-Horn and Associates, Inc.1st Miller Legg 2nd Keith and Associates, Inc.3rd Colliers Engineering & Design, Inc.4th In accordance with the process outlined in the RFQ, the shortlisted firms and their teams were invited to participate in oral presentations/interviews. Subsequent to the interviews, the selection committees independently re-scored each proposal, including the material presented in the interviews/presentation, and disclosed their final scores for each firm. The Committee unanimously voted to accept the scores and rankings based on the final scores. It was recommended by consensus that an agenda item be prepared for the City Commission, recommending approval of these rankings and authorization to proceed in negotiating contracts with the highest-ranked firms per scope. The Final Rankings are as follows: SCOPE A - Water Plant Modifications, Capacity & Operational Evaluations FINAL RANKING Carollo Engineering, Inc.1st Jacobs Engineering Group, Inc.2nd McKim & Creed 3rd SCOPE B - Infrastructure Improvements & Evaluations FINAL RANKING CDM Smith, Inc.1st 33 Carollo Engineering, Inc.2nd Baxter & Woodman, Inc.3rd Kimley-Horn and Associates, Inc.4th SCOPE C - Ancillary Studies and Services FINAL RANKING Carollo Engineering, Inc.1st CDM Smith. Inc.2nd SCOPE D - Transportation Services FINAL RANKING Johnson, Mirmiran & Thompson, Inc 1st Kimley-Horn and Associates, Inc.2nd Baxter & Woodman, Inc.3rd SCOPE E - Architectural Design Services FINAL RANKING CPZ Architects, Inc.1st West Architecture + Design, LLC 2nd BEA Architects, Inc.3rd SCOPE F - Hydrogeological Services FINAL RANKING Jacobs Engineering Group, Inc.1st Hazen and Sawyer 2nd South Florida Engineering and Consulting 3rd SCOPE G - Green Infrastructure, Sustainability, and Resiliency Services FINAL RANKING EXP US 1st GHD Services, Inc.2nd Chen Moore and Associates 3rd SCOPE H - Geotechnical Services FINAL RANKING Colliers Engineering & Design, Inc.1st Radise International, LC 2nd Tierra South Florida, Inc.3rd SCOPE J - Civil Land Development Consulting Svs FINAL RANKING Keith and Associates, Inc.1st Craven Thompson & Associates, Inc.2nd Caulfield & Wheeler, Inc.3rd SCOPE K - Recreation and Parks Services FINAL RANKING Miller Legg 1st Keith and Associates, Inc.2nd Kimley-Horn and Associates, Inc.3rd 34 Colliers Engineering & Design, Inc.4th Upon the conclusion of negotiations, contracts will be brought back to the City Commission for approval. How will this affect city programs or services? By providing staff with the ability to negotiate for contracts, this will facilitate ongoing capital improvement projects that will effectively and efficiently enhance operations City-wide. Fiscal Impact: There will be no fiscal impact as a result of this approval. Contracts between the City and the selected firms will be submitted to the Commission for approval. Attachments: R24-150 Agenda_Item_1722-2023_Resolution_for_RFQ_CW24-001_- _negotiations__1___REV_.docx RFQ CW24-001 - General Engineering Consulting Services - Ranking Backup Docs. Compliance/Tabulation Analysis CW24-001 Scope A.pdf Compliance/Tabulation Analysis CW24-001 Scope B.pdf Compliance/Tabulation Analysis CW24-001 Scope C.pdf Compliance/Tabulation Analysis CW24-001 Scope D.pdf Compliance/Tabulation Analysis CW24-001 Scope E.pdf Compliance/Tabulation Analysis CW24-001 Scope F.pdf Compliance/Tabulation Analysis CW24-001 Scope G.pdf Compliance/Tabulation Analysis CW24-001 Scope H.pdf Compliance/Tabulation Analysis CW24-001 Scope J.pdf Compliance/Tabulation Analysis CW24-001 Scope K.pdf 35 RESOLUTION NO. R24-1501 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE FINAL RANKINGS FOR REQUEST FOR 4 QUALIFICATIONS (RFQ) NO. CW24-001 FOR GENERAL ENGINEERING 5 CONSULTING SERVICES AS RECOMMENDED BY THE SELECTION 6 COMMITTEES AND AUTHORIZING STAFF TO CONDUCT NEGOTIATIONS 7 WITH THE RECOMMENDED TOP-RANKED PROPOSERS IN EACH OF THE TEN 8 (10) SCOPE CATEGORIES TO ESTABLISH CONTRACTS IN ACCORDANCE 9 WITH SECTION 287.055, FLORIDA STATUTES; PROVIDING AN EFFECTIVE 10 DATE; AND FOR ALL OTHER PURPOSES. 11 12 WHEREAS,on December 19, 2023, pursuant to the Consultants’ Competitive Negotiation 13 Act (CCNA), the Procurement division received a total of eighty-one (81) proposals in response to 14 the Request for Qualifications (RFQ) No. CW24-001 for General Engineering Consulting Services. 15 This RFQ was issued seeking qualifications from firms interested in providing general engineering 16 consulting services on an as-needed basis to the City; and17 WHEREAS, the General Engineering Consulting Services were separated into eleven (11) 18 scope categories: Scope A – Water Plant Modifications, Capacity, and Operation Evaluation; Scope 19 B – Infrastructure Improvements and Evaluations; Scope C – Ancillary Studies and Services; Scope 20 D – Transportation Services; Scope E – Architectural and Design Services, Scope F -21 Hydrogeological Services; Scope G- Green Infrastructure, Sustainability, and Resiliency Services; 22 Scope H - Geotechnical Services; Scope J - Civil Land Development Consulting Services; and Scope 23 K - Recreation and Parks Services; and24 WHEREAS, Scope I - Structural Engineering Services was canceled because the City did 25 not receive a sufficient number of proposals; and26 WHEREAS, after reviewing all proposals in accordance with the evaluation criteria 27 contained in the RFQ, in ten (10) different public meetings, the selection committees scored and 28 ranked the firms and shortlisted the following firms:29 30 SCOPE A INITIAL 1ST RANKING Carollo Engineering, Inc.1st Jacobs Engineering Group, Inc.2nd 36 Globaltech, Inc.3rd McKim & Creed 4th CHA Consulting, Inc.5th McCafferty Brinson Consulting, LLC 6th 31 SCOPE B INITIAL 1ST RANKING Baxter & Woodman, Inc.1st Kimley-Horn and Associates, Inc.2nd Carollo Engineering, Inc.3rd Black& Veatch Corporation Tie (4th) CDM Smith, Inc.Tie (4th) CES Consultants, Inc.6th 32 SCOPE C INITIAL 1ST RANKING CDM Smith, Inc.1st Carollo Engineering, Inc.2nd GHD Services, Inc.3rd CHA Consulting, Inc.4th 33 SCOPE D INITIAL 1ST RANKING Kimley-Horn and Associates, Inc.1st Baxter & Woodman, Inc.2nd Johnson, Mirmiran & Thompson 3rd The Corradino Group, Inc.4th 34 SCOPE E INITIAL 1ST RANKING 37 West Architecture + Design, LLC 1st BEA Architects, Inc 2nd CPZ Architects, Inc.3rd Kanthan Design Corporation 4th 35 SCOPE F INITIAL 1ST RANKING Jacobs Engineering Group, Inc.1st Hazen and Sawyer 2nd South Florida Engineering and Consulting 3rd 36 SCOPE G INITIAL 1ST RANKING EXP U.S. Services, Inc.1st GHD Services, Inc.2nd Baxter & Woodman, Inc.3rd Chen Moore and Associates 4th 37 SCOPE H INITIAL 1ST RANKING Colliers Engineering & Design, Inc.1st Tierra South Florida, Inc.2nd RADISE International, LC 3rd GFA International, Inc. dba Universal Engineering Sciences 4th 38 SCOPE J INITIAL 1ST RANKING Keith and Associates, Inc.1st 38 Craven Thompson & Associates, Inc.2nd Caulfield & Wheeler, Inc.Tie (3rd) HBC Engineering Company Tie (3rd) 39 SCOPE K INITIAL 1ST RANKING Kimley-Horn and Associates, Inc.1st Miller Legg 2nd Keith and Associates, Inc.3rd Colliers Engineering & Design, Inc.4th 40 WHEREAS, in accordance with the process outlined in the RFQ, the shortlisted firms and 41 their teams were invited to participate in oral presentations/interviews. Subsequent to the 42 interviews, the selection committees independently re-scored each proposal, including the 43 material presented in the interviews/presentation, and disclosed their final scores for each firm; 44 and45 WHEREAS, the Committee unanimously voted to accept the scores and rankings based 46 on the final scores. The Final Rankings are as follows:47 48 SCOPE A -Water Plant Modifications, Capacity & Operational Evaluations FINAL RANKING Carollo Engineering, Inc.1st Jacobs Engineering Group, Inc.2nd McKim & Creed 3rd 49 SCOPE B -Infrastructure Improvements & Evaluations FINAL RANKING CDM Smith, Inc.1st 39 Carollo Engineering, Inc.2nd Baxter & Woodman, Inc.3rd Kimley-Horn and Associates, Inc.4th 50 SCOPE C -Ancillary Studies and Services FINAL RANKING Carollo Engineering, Inc.1st CDM Smith. Inc.2nd 51 SCOPE D -Transportation Services FINAL RANKING Johnson, Mirmiran & Thompson, Inc 1st Kimley-Horn and Associates, Inc.2nd Baxter & Woodman, Inc.3rd 52 SCOPE E -Architectural Design Services FINAL RANKING CPZ Architects, Inc.1st West Architecture + Design, LLC 2nd BEA Architects, Inc.3rd 53 SCOPE F -Hydrogeological Services FINAL RANKING Jacobs Engineering Group, Inc.1st Hazen and Sawyer 2nd South Florida Engineering and Consulting 3rd 54 SCOPE G -Green Infrastructure, Sustainability, and Resiliency Services FINAL RANKING EXP US 1st 40 GHD Services, Inc.2nd Chen Moore and Associates 3rd 55 SCOPE H -Geotechnical Services FINAL RANKING Colliers Engineering & Design, Inc.1st Radise International, LC 2nd Tierra South Florida, Inc.3rd 56 SCOPE J -Civil Land Development Consulting Svs FINAL RANKING Keith and Associates, Inc.1st Craven Thompson & Associates, Inc.2nd Caulfield & Wheeler, Inc.3rd 57 SCOPE K -Recreation and Parks Services FINAL RANKING Miller Legg 1st Keith and Associates, Inc.2nd Kimley-Horn and Associates, Inc.3rd Colliers Engineering & Design, Inc.4th 58 WHEREAS, it was recommended by consensus to prepare an agenda item for the City 59 Commission recommending approval of these rankings and authorization to proceed with 60 negotiating contracts with the highest-ranked firms per scope category; and61 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 62 the best interests of the citizens and residents of the City to approve the final rankings as 63 recommended by the Selection Committees and authorize staff to conduct negotiations with the 64 recommended top-ranked proposers in each of the ten (10) Scope Categories to establish 65 41 contracts in accordance with the Request for Qualifications (RFQ) No. CW24-001 for General 66 Engineering Consulting Services and section 287.055, Florida Statutes.67 68 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 69 BEACH, FLORIDA, THAT:70 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 71 being true and correct and are hereby made a specific part of this Resolution upon adoption.72 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 73 approve the final rankings as recommended by the Selection Committees and authorize staff to 74 conduct negotiations with the recommended top-ranked proposers in each of the ten (10) Scope 75 Categories to establish contracts in accordance with the Request for Qualifications (RFQ) No. 76 CW24-001 for General Engineering Consulting Services and section 287.055, Florida Statutes.77 SECTION 3.This Resolution shall take effect in accordance with law.78 79 80 [signatures on following page]81 42 PASSED AND ADOPTED this 16th day of July 2024.82 CITY OF BOYNTON BEACH, FLORIDA83 YES NO84 Mayor – Ty Penserga __________85 86 Vice Mayor – Aimee Kelley __________87 88 Commissioner – Angela Cruz __________89 90 Commissioner – Woodrow L. Hay __________91 92 Commissioner – Thomas Turkin __________93 94 VOTE ______95 ATTEST:96 97 ___________________________________________________________98 Maylee De Jesús, MPA, MMC Ty Penserga99 City Clerk Mayor100 101 APPROVED AS TO FORM:102 (Corporate Seal)103 104 _______________________________105 Shawna G. Lamb106 City Attorney107 43 America’s Gateway to the Gulfstream 1 The City of Boynton Beach_________________ NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO:RFQ No. CW24-001 SOLICITATION TITLE:GENERAL ENGINEERING CONSULTING SERVICES DATE OF NOTICE:JUNE 24, 2024 At the Final Selection Committee meetings held on June 11, 2024, June 12, 2024, and June 14, 2024, the Selection Committees for the above-referenced solicitation scored and ranked the firms as follows: SCOPE A - WATER PLANT MODIFICATIONS, CAPACITY AND OPERATIONAL EVALUATION RANKING:1.Carollo Engineering, Inc. 2.Jacobs Engineering Group, Inc. 3.McKim & Creed 4.Globaltech, Inc. 5.McCafferty Brinson Consulting, LLC The Selection Committee agreed by consensus to recommend award to the three (3) highest- ranked firms: Carollo Engineering, Inc., Jacobs Engineering Group, Inc., and McKim & Creed. SCOPE B - INFRASTRUCTURE IMPROVEMENTS AND EVALUATIONS RANKING:1.CDM Smith, Inc. 2.Carollo Engineering, Inc. 3.Baxter & Woodman, Inc. 4.Kimley-Horn and Associates, Inc. 5.CES Consultants, Inc. 6.Black & Veatch Corporation The Selection Committee agreed by consensus to recommend award to the four (4) highest- ranked firms: CDM Smith, Inc., Carollo Engineering, Inc., Baxter & Woodman, Inc., and Kimley-Horn and Associates, Inc. PROCUREMENT SERVICES 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 561-742-6310 44 America’s Gateway to the Gulfstream 2 NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO:RFQ No. CW24-001 SOLICITATION TITLE:GENERAL ENGINEERING CONSULTING SERVICES DATE OF NOTICE:JUNE 20, 2024 SCOPE C - ANCILLARY STUDIES AND SERVICES RANKING:1.Carollo Engineers, Inc. 2.CDM Smith, Inc. 3.GHD Services, Inc. The Selection Committee agreed by consensus to recommend award to the two (2) highest- ranked firms: Carollo Engineers, Inc. and CDM Smith, Inc. SCOPE D - TRANSPORTATION SERVICES RANKING:1.Johnson, Mirmiran & Thompson, Inc. 2.Kimley-Horn and Associates, Inc. 3.Baxter & Woodman, Inc. 4.The Corradino Group, Inc. The Selection Committee agreed by consensus to recommend award to the three (3) highest- ranked firms: Johnson, Mirmiran & Thompson, Inc., Kimley-Horn and Associates, Inc., and Baxter & Woodman, Inc. SCOPE E - ARCHITECTURE AND DESIGN SERVICES RANKING:1.CPZ Architects, Inc. 2.West Architecture + Design, LLC 3.BEA Architect, Inc. 4.Kanthan Architecture + Design, LLC The Selection Committee agreed by consensus to recommend award to the three (3) highest- rankedfirms: CPZ Architects, Inc., West Architecture + Design, LLC, and BEA Architect, Inc. SCOPE F - HYDROGEOLOGICAL SERVICES RANKING:1.Jacobs Engineering Group, Inc. 2.Hazen and Sawyer 3.South Florida Engineering and Consulting The Selection Committee agreed by consensus to recommend award to the three (3) highest- ranked firms: Jacobs Engineering Group, Inc., Hazen and Sawyer, and South Florida Engineering and Consulting. 45 America’s Gateway to the Gulfstream 3 NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFQ No. CW24-001 SOLICITATION TITLE:GENERAL ENGINEERING CONSULTING SERVICES DATE OF NOTICE:JUNE 20, 2024 SCOPE G – GREEN INFRASTRUCTURE, SUSTAINABILITY, AND RESILIENCY SERVICES RANKING:1.EXP US 2.GHD Services, Inc. 3.Chen Moore and Associates 4.Baxter & Woodman, Inc. The Selection Committee agreed by consensus to recommend award to the three (3) highest- ranked firms: EXP US, GHD Services, Inc., and Chen Moore and Associates. SCOPE H - GEOTECHNICAL SERVICES RANKING:(Tie)1.Colliers Engineering & Design, Inc.–Location 16.5 miles away from the City of Boynton Beach, City Hall (Tie Bids rules according to Purchasing Policy (pg. 38) Section IX – Formal Bids – subsection #12) (Tie)1. RADISE International, LC –Location 19.3 miles away from COBB City Hall 3. Tierra South Florida, Inc. 4. GFA International, Inc. dba Universal Engineering Sciences The Selection Committee agreed by consensus to recommend award to the three (3) highest- ranked firms: Radise International, LC, Colliers Engineering & Design, Inc., and Tierra South Florida, Inc. SCOPE J – CIVIL LAND DEVELOPMENT CONSULTING SERVICES RANKING:1.Keith and Associates, Inc. 2.Craven Thompson & Associates, Inc. 3.Caulfield & Wheeler, Inc. 4.HBC Engineering Company The Selection Committee agreed by consensus to recommend award to the three (3) highest- ranked firms: Keith and Associates, Inc., Craven Thompson & Associates, Inc., and Caulfield & Wheeler, Inc. 46 America’s Gateway to the Gulfstream 4 NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFQ No. CW24-001 SOLICITATION TITLE:GENERAL ENGINEERING CONSULTING SERVICES DATE OF NOTICE:JUNE 20, 2024 SCOPE K – RECREATION AND PARKS SERVICES RANKING:1.Miller Legg 2.Keith and Associates, Inc. 3.Kimley-Horn and Associates, Inc. 4.Colliers Engineering & Design, Inc. The Selection Committee agreed by consensus to recommend award to the four (4) highest- ranked firms: Miller Legg, Keith and Associates, Inc., Kimley-Horn and Associates, Inc., and Colliers Engineering & Design, Inc. This Intent to Award will be presented to the City Commissionon July 16, 2024, as a recommendation to approve the Selection Committee Final Rankings and authorize City Staff to negotiate contracts with the highest-ranked firms as listed above. This Notice is conditioned upon and subject to the City of Boynton Beach’s reservation of rights as contained in the RFQ documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection, or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: Taralyn Pratt Taralyn Pratt, CPPB Assistant Purchasing Manager 47 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Carollo Engineers, Inc.CHA Consulting, Inc.Globaltech, Inc.Jacobs Engineering Group Inc.McCafferty Brinson Consulting, LLC McKim & Creed Wade Trim, Inc. 2056 Vista Parkway 4700 Riverside Drive 6001 Broken Sound Parkway 550 W. Cypress Creek Road 633 S Andrew Avenue 3903 Northdale Blvd 201 N. Franklin St. Suite 400 Suite 110 Suite 610 Suite 400 Suite 402 Suite 1350 West Palm Beach, FL 33411 Coral Springs, FL 33067 Boca Raton, FL 33487 Fort Lauderdale, FL 33309 Fort Lauderdale, FL 33301 Tampa, FL 33624 Tampa, FL 33602 Contact: Elizabeth FujiKawa ; Stacey Biggs Contact: Douglas Hammann ; Lauren Voit Contact: T Allen Contact: Daniel Rutland ; GJ Schers ; Didier Menard ; Lisa Tinsley Contact: Audra McCafferty Contact: Caralynn Swain Contact: Carolina Pachano Contact No: 561-868-6400 Contact No.: 407-917-5352 Contact No.: 561-997-6433 Contact No.: 281-216-0825 Contact No.: 954-797-7100 Contact No.: 813-549-3740 Contact No.: 813-678-2635 Email: efujikawa@carollo.com ; sbiggs@carollo.com Email: Dhammann@chasolutions.com ; Ivoit@chacompanies.com Email: tallen@globaltechdb.com Email: daniel.rutland@jacobs.com ; G.Jschers@jacobs.com ; didier.menard@jacobs.com ; lisa.tinsley@jacobs.com Email: am@mccaffertybrinson.com Email: bizdevelopment@mckimcreed.com Email: cpachano@wadetrim.com Scope Qualifications: SCOPE A: Water Plant Modifications, Capacity, and Operational Evaluations Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Principal Business Location 2056 Vista Parkway, Suite 150, West Palm Beach, FL 33411 3 Winners Circle, P.O. Box 5269, Albany, NY 12205- 0269 6001 Broken Sound Parkway Ste 610, Boca Raton, FL 33487 550 W. Cypress Creek Road Ste 400 Fort Lauderdale, FL 33309 633 S Andrew Ave Ste 402 Ft. Lauderdale, FL 33301 1730 Varsity Drive Venture IV Bldg Suite 500 Raleigh, NC 27606 201 N. Franklin St. Suite 1350 Tampa, FL 33602 Proposer Qualification Statement Form Page 36-40 Yes - Included - See Question #27 (Claims & Arbitrations) Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business Yes - N/A Yes - N/A N/A N/A Yes- Woman Business Certification Exp. 10/24/25 N/A N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Yes - Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Yes - Included Yes Yes Yes Yes E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized - Verified 1/11/24 Yes- Included Yes- Included- Notarized Yes- Included- Notarized Yes- Included- Notarized Yes- Included- Notarized Yes - Included - Notarized - Verified 2/2/24 (under Parent company Wade Trim Group, Inc.) Conflict of Interest None None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits State of FL FBPE Elizabeth Fujikawa Lic PE72860 exp 2/28/25; State of FL FBPE Mathew Richards Lic PE71505 exp 2/28/25; Palm Beach Cty Lacal Business Tax Receipt LBTR # 201256860 exp 9/30/24; State of FL FBPE Robert Cushing Lic PE57828 exp 2/28/25; State of FL FBPE Michael Boaz Lic PE92491 exp 2/28/25; State of FL FBPE Norman Anderson Lic PE71642 exp 2/28/25; State of FL FBPELisa Arroyo Lc PE91382 exp 2/28/25; State of FL FBPE Richardo Borromeo Lic PE67101 exp 2/28/25; State of FL FBPE Eric Gassen Lic PE94455 exp 2/28/23; State of FL FBPE Brian Graham Lic PE44683 exp 2/28/25; FL dbpr Professional Engineer Chad Green Lic 80131; State fo FL FBPE Vincent Hart Lic PE96251 exp 2/28/25; State of FL Brian Lamay Lic PE60142 exp 2/28/25; State of FL FBPE Tung Nguyem Lic PE85095 exp 2/28/25; State of FL FBPE Lyle Munce Lic PE55097 exp 2/28/25; state of FL FBPE Mark Pellish Lic PE46906 exp 2/28/25; State of FL FBPE Christopher Reinbold Lic PE68639 exp 2/28/25; State of FL FBPE Anthony Sabatino Lic PE85230 exp 2/28/25; State of FL FBPE Sandeep Sethi Lic PE72562 exp 2/28/25; State of FL FBPE Joel Smason Lic PE58434 exp 2/28/25; State of FL FBPE Erica Stone Lic PE75487 exp 2/28/25; State of FBPE Edwad Wicklein Lic PE86872 exp 2/28/25; State of FL FBPE Numir Al- Suleh Lic PE67396 exp 2/28/25; State of FL FBPE Laura Baumberger Lic PE65401 exp 2/28/25; Sub-Consultants: (JLA Goesciences, Inc.) FL dbpr Broward County Local Business Tax LBTR# 187144 Exp. 09/30/24, Florida dbpr Business Registry CHA Consulting Inc Lic# 28386, Florida dbpr Professional Engineer Douglas Hammann Lic# PE50589 Exp. 02/28/25, Professional Engineer Scott Warner Hoxworth Lic# PE58643 Exp. 02/28/25, Professional Engineer James L Hagerty Lic# PE43969 Exp. 02/28/25, Professional Engineer Julian Andres Gomez Lic# PE 95992 Exp. 02/28/25, Professional Engineer Stefano Ceriana Lic# PE66379 Exp. 02/28/25, Professional Engineer John R Voorhees Lic# PE25385 Exp. 02/28/25, Professional Engineer Charles Robert Reiss Lic# PE53794 Exp. 02/28/25, Professional Engineer Arnelio Alfonso Lic# PE52566 Exp. 02/28/25, Professional Engineer Alex Guon Lic# PE53247, Exp. 02/28/25, Professional Engineer Edward Holmes Talton Jr Lic# PE47023 Exp. 02/28/25, Professional Engineer Weston Troy Haggen Lic# PE77777 Exp. 02/28/25, Professional Engineer Bryant J Facey Lic# PE76026 Exp. 02/28/25, Professional Engineer PBC Local Business Tax Receipt for Engineering Svs LBTR# 200805748 Exp. 09/30/24, Florida dbpr Professional Engineer Richard D Olson Lic# PE43377 Exp. 02/28/25, Professional Engineer Bernard Paul Gandy Lic# PE37928 Exp. 02/28/25, Construction Industry Licensing Board Bernard Paul Gandy Lic# CGC1507230 Exp. 08/31/24, Construction Industry Licensing Board Bernard Paul Gandy Lic# CMC1249255 Exp. 08/31/24, Construction Industry Licensing Board Bernard Paul Gandy Lic# CFC1249255 Exp. 08/31/24, Construction Industry Licensing Board Bernard Paul Gandy Lic# CUC1224907 Exp. 08/31/24, Professional Engineer Behroz Rahmani Lic# PE87355 Exp. 02/28/25, Professional Engineer David Alan Schuman Lic# PE52092 Exp. 02/28/25, Professional Engineer Ethan Shaner Lic# PE78568 Exp. 02/28/25, Electrical Contractors Licensing Board Ethan Shaner Lic# EC13011554 Exp. 08/31/24, Professional Engineer Daniel Jon Lauth Lic.# PE88511 Exp. 02/28/25, and Professional Engineer Connor Bryan King Lic# PE96386 Exp. 02/28/25 Florida dbpr Professional Engineer Raul Alfaro Lic# PE92557 Exp. 02/28/25, Professional Engineer Joseph R. Elarde Lic# PE59309 Exp. 02/28/25, Professional Engineer Mickal A. Witwer Lic# PE69262 Exp. 02/28/25, Professional Engineer Daniel Clark Rutland Lic# PE77035 Exp. 02/28/25 Florida dbpr Professional Engineers McCafferty Brinson Consulting LLC Lic# CA26952, Professional Engineer Audra Isabelle McCafferty Lic# PE54737 Exp. 02/28/25, Professional Engineer Frank A Brinson Lic# PE51313 Exp. 02/28/25, Professional Engineer Andrew H Barba Lic# PE90713 Exp. 02/28/25, Professional Engineer Mariell A. Soto Lic# PE96896 Exp. 02/28/25, Envision Sustainability Professional Audra McCafferty Exp. 10/17/2024, LEED AP Building Design & Construction Certification Audra McCafferty #10241117-AP-BD+C exp. 12/31/24, Broward County-County Business Enterprise certification, Broward County LBTR Valid 09/30/24 Florida dbpr Business Registry McKim & Creed Inc Lic# 29588, Professional Engineer Mario Loaiza Lic# 59396 Exp. 02/28/25, Professional Engineer Robert H Garland Lic#64329 Exp. 02/28/25, Professional Engineer Chase Dickinson Lic# 83325 Exp. 02/28/25, Professional Engineer Omar Khan Lic# 75524 Exp. 02/28/25, Professional Engineer G. Michael Stoup Lic# 65702 Exp. 02/28/25, Professional Engineer Phillip James Locke Lic# 57527 Exp. 02/28/25, Professional Engineer Mitchel A. Chiavaroli Lic# 56335 Exp. 02/28/25, Professional Engineer Daniel Wade Keck Lic#50489 Exp. 02/28/25, Professional Engineer Colin Tyson Miller Lic# 61775 Exp. 02/28/25 Registered Business Entity Wade Trim Inc. Lic. 3952 ; Did not provide Professional Licenses/Certifications Resumes Included Included Included Included Included Included Included References - SCOPE A - Water Plant Modifications, Capacity, and Operational Evaluation Included (3)Included (3)Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Sub-Consultants (4) The Buzx Agency of Florida, LLC; Craig A. Smith & Associates, LLC; Terracon Consultants, Inc.; JLA Geosciences, Inc. Yes (5)- Avirom Surveying & Mapping, CPZ Architects Inc, Electrical Design Associates Inc, Jezerinac Group, and Masse Consulting Services LLC None None Yes (2)- Hillers Electrical Engineering Inc and CDM Smith Inc. Yes (6)- Radise International, S.A. Nelson & Associates, Angie Brewer & Associates, Environmental Science Associates, Nutting Engineers, and JLA Geosciences Yes (5)- WJA; Universal Engineering Sciences; Johnson, Levinson, Ragan Davila, Inc. (JLRD); Prevost Stamper Incorporated (PSI); and The Valerin Group Organization Chart Included Included Included Included Included Included Included W-9 Included Included Included Included Included Included Included Project Workload Included Included Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/11/2024 1/17/2024 1/18/2024 1/16/2024 1/18/2024 1/18/2024 1/24/2024 Comments: Other Related Services: Infrastructure Improvements & Evaluations and Ancillary Studies & Services VP Didier Menard is not listed on Sunbiz - other Agents on the Proposal Qualification form are not listed on sunbiz. Two LBTR exist under Jacobs Engineering, but cannot determine which is the correct one. Other Related Services: Infrastructure Improvements and Evaluations Other related Services: Infrastructure Improvements & Evaluation and Recreation and Park Services NON-RESPONSIVE Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (SCOPE A) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 48 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM AECOM Technical Services Baxter & Woodman, Inc.Black & Veatch Corporation Calvin, Giordano & Associates, Inc.Carollo Engineers, Inc.Caulfield & Wheeler, Inc.CDM Smith, Inc.CES Consultants, Inc.CHA Consulting, Inc. 621 NW 53rd Street 2056 Vista Parkway Suite 265 Suite 200 Boca Raton, FL 33487 West Palm Beach, FL 33411 2 Alhambra Plaza 1601 Forum Place 8461 Lake Worth Road 580 Village Blvd.2056 Vista Parkway 7900 Glades Road 101 Southhall lane 880 SW 145th Avenue 3 Winners Circle Suite 900 Suite 400 Suite 166 Suite 325 Suite 400 Suite 100 Suite 200 Suite 106 PO Box 5269 Coral Gables, FL 33134 West Palm Beach, FL 33401 Lake Worth, FL 33467 West Palm Beach, FL 33409 West Palm Beach, FL 33411 Boca Raton, FL 33434 Maitland, FL 32751 Pembroke Pines, FL 33027 Albany, New York 12205-0269 Contact: Bill Snow Contact: Rebecca Travis Contact: Chris Barlow ; Christine Waalewyn Contact: Chris Giordano ; David Stambaugh ; Jessica Koehler Contact: Elizabeth FujiKawa ; Stacey Biggs Contact: John Wheeler ; Andrew Beck Contact: Suzanne Mechler ; Yanice Mercado ; Kyla Riordan Contact: Vanesa Mahoney ; Rachel Sak Contact: Lauren Voit Contact No.: 561-962-5254 Contact No.: 561-655-5175 x 7715 Contact No.: 561-713-1442 ; 407-419-3565 Contact No.: 954-921-7781 Contact No: 561-868-6400 Contact No.: 561-392-1991 x 104 Contact No.: 407-660-6380 Contact No.: 561-227-6862 ; 954-613- 4353 Contact No.: 407-917-5352 Email: bill.snow@aecom.com Email: rtravis@baxterwoodman.com Email: barlowC@bv.com ; waalewynca@bv.com Email: cgiordano@cgasolutions.com ; procurement@cgasolutions.com Email: efujikawa@carollo.com ; sbiggs@carollo.com Email: john@cwiassoc.com ; andrew@cwiassoc.com Email: mechlerse@cdmsmith.com ; riordankn@cdmsmith.com Email: cesinfo@cesconsult.com Email: Ivoit@chacompanies.com Scope Qualifications: SCOPE B: Infrastructure Improvements and Evaluations Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes- Included Principle Business Location: 2090 Palm Beach Lakes Blvd., Suite 600 , West Palm Beach, FL 33409 8678 Ridgefield Road, Crystal Lake, IL 60012 11401 Lamar Avenue, Oakland Park, KS 66211580 Village Blvd., Suite 325, West Palm Beach, FL 33409 2056 Vista Parkway, Suite 150, West Palm Beach, FL 33411 7900 Glades Road, Suite 100, Boca Raton, FL 33434 75 State Street, Suite 701, Boston, MA 02109 880 SW 145th Avenue, Suite 106, Pembroke Pines, FL 33027 3 Winners Circle, P.O. Box 5269, Albany, NY 12205-0269 Proposer Qualification Statement Form Page 36-40 Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question # 27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations)Yes - Included - Notarized Yes - Included - Notarized - See Question #27 (Claims & Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A N/A N/A N/A N/A N/A N/A Yes - Hispanic N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized - Verified 2/6/24Yes - Included - Notarized & Verified 1/9/24 Yes - Included - Notarized & Verified 1/11/24 Yes - Included - Notarized - Verified 1/11/24 Yes - Included - Notarized - Verified 1/11/24 Yes - Included - Notarized - Verified 1/11/24 Yes - Included - Notarized - Verified 1/11/24Yes - Included - Notarized - Verified 1/12/24 Yes- Included Conflict of Interest None None None None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits FL dbpr Professional Engineer Kevin Cornish Lic # 45565 exp 2/28/25; Professional Engineer Mary Everett Lic. # 36973 exp 2/28/25; Joseph Witmeier Lic. # 57637 exp 2/28/25; Geology Business Information Lic. # PG2398 exp 7/31/24; State of FL PB Cty Local Business Tax No. 201003305 Exp 9/30/2024; State of FL FBPE William Snow Lic # 42757 exp 2/28/25; David Wilcox Lic # 34942 Exp 2/28/25; Karen Brandon Lic # 38579 exp 2/28/25; Thomas McGowan Lic # 44742 exp 2/28/25; Stephen Bazor Lic # 80112 exp 2/28/25; Gangula Reddy Lic # 48946 exp 2/28/25 FL dbpr Professional Regulations Engineering Business Registry Baxter & Woodman Lic. # 31795; Rebecca Travis LEED Green Associates Certification exp 4/26/24; Mary Travis Envision Sustainability Professional exp 12/8/24; M. Travis Qualified Stormwater Management Inspector; State of FL FBPE Sira Prinyavivatkul Lic. # 64665 exp 2/28/25; State of FL FBPE M. Rebecca Travis Lic. # 40988 exp 2/28/25; ST of FL FBPE Jake Hurley Lic. # 90674; State of FL FBPE Kyle Scott Lic. # 87854 exp 2/28/25; State of FL FBPE Alexis Shotton Lic. # 96786 exp 2/28/25; State of FL FBPE Jeffrey Weatherford Lic. # 93940 exp 2/28/25; State of FL FBPE Zachary Williams Lic. # 67718 exp 2/28/25; State of FL FBPE Jeffrey Hiscock Lic. # 43984 exp State of FL FBPE Isabel Botero Lic PE67176 exp 2/28/25; State of FL FBPEChristopher Barlow Lic PE59256 exp 2/28/25; State of FL FBPE James Penkosky Lic PE47591 exp 2/28/25; Palm Beach county Local Business Tax Receipt # 2016094080 exp 9/30/24; State of FL FBPE Arvind Kumbhojkar Lic PE41067 exp 2/28/25; Professional Surveyor and Mapper Deris Bardales Lic LS6778 exp 2/28/25 State of FL FBPE David Stambaugh Lic PE70757 exp 2/28/25; State of FL FBPE Jenna Martinetti Lic PE69035 exp 2/28/25; State of FL Nicholas Kanelidis Lic PE78536 exp 2/28/25; State of FL FBPE James Messick Lic PE70870 exp 2/28/25; State of FL FBPE Jorge Cervantes Lic PE45832 exp 2/28/25; State of FL FBPE Sebastian Soria Lic PE97125 exp 2/28/25; State of FL FBPE James Hart Lic PE65420 exp 2/28/25; State of FL FBPE Erik Padron Lic PE59446 exp 2/28/25; Salman Rathore FL dbpr Lic 75281 exp 2/28/25; State of FL dbpr Landscape Architecture Gianno Feoli Lic LA6667663 exp 11/30/25; State of FL dbpr Landscape Architecture Michael Conner Lic LA0001181 exp 11/30/23; International Society of Arboriculture Michael Conner exp 6-30-25 certificate FL-0774 ; State of FL dbpr Landscape Architecture Dominic Mack Lic LA6667598 exp 11/30/25; AICP Member Silva Elena Vargas; U.S. Green Building Council Silvia Vargas LEED Certified ; FDOT Pre- Qualification exp 6/30/24 ; Qualified Stormwater State of FL FBPE Elizabeth Fujikawa Lic PE72860 exp 2/28/25; State of FL FBPE Mathew Richards Lic PE71505 exp 2/28/25; Palm Beach Cty Lacal Business Tax Receipt LBTR # 201256860 exp 9/30/24; State of FL FBPE Robert Cushing Lic PE57828 exp 2/28/25; State of FL FBPE Michael Boaz Lic PE92491 exp 2/28/25; State of FL FBPE Norman Anderson Lic PE71642 exp 2/28/25; State of FL FBPELisa Arroyo Lc PE91382 exp 2/28/25; State of FL FBPE Richardo Borromeo Lic PE67101 exp 2/28/25; State of FL FBPE Eric Gassen Lic PE94455 exp 2/28/23; State of FL FBPE Brian Graham Lic PE44683 exp 2/28/25; FL dbpr Professional Engineer Chad Green Lic 80131; State fo FL FBPE Vincent Hart Lic PE96251 exp 2/28/25; State of FL Brian Lamay Lic PE60142 exp 2/28/25; State of FL FBPE Tung Nguyem Lic PE85095 exp 2/28/25; State of FL FBPE Lyle Munce Lic PE55097 exp 2/28/25; state of FL FBPE Mark Pellish Lic PE46906 exp 2/28/25; State of FL FBPE Christopher Reinbold Lic PE68639 exp State of FL FBPE John Wheeler Lic PE25478 exp 2/28/25; State of FL FBPE Ryan Wheeler Lic PE71477 exp 2/28/25; State of FL FBPE Matthew Kahn Lic PE82227 exp 2/28/25; State of FL FBPE Robert Templeton Lic PE71564 exp 2/28/25; State of FL FBPE Williams Roberts Lic PE96781 exp 2/28/25; Rayn Wheeler Green Building Certification Institute LEED; Caulfield & Wheeler, Inc. Professional Surveyor and Mapper Business License LB3591 exp 2/25/25; David Lindley Professional Surveyor and Mapper License LS5005 exp 2/28/25; Department of Transportation Remote Pilot Certificate # 4213193 State of FL FBPE Suzanne Mechler Lic PE63043 exp 2/28/25; State of FL FBPE Yanice Mercado Lic PE80029 exp 2/28/25; State of FL FBPE Jonathan GoldmanLic PE48925 exp 2/28/25; FL dbpr Marc Stonehouse Lic 68858 exp 2/28/25; FL dbpr Isaac Holowell Lic 83413 exp 2/28/25; State of FL FBPE Dornelle Thomas Lci PE79276 exp 2/28/25; Fl dbpr Carl Frizzell Lic 67560 exp 2/28/25; FL dbpr Carl Albano Lic 94258 exp 2/28/25; Stephen Burwinkel Lic 58567 exp 2/28/25; Fl dbpr Priscilla Sale Lic 82407 exp 2/28/25; FL dbpr Thomas NYE Lic 60733 exp 2/28/25; State of FL FBPE Martin Lewis Lic PE56958 exp 2/28/25; State of FL FBPE Graig Cadberry Lic PE55988 exp 2/28/25; FL dbpr Daniel Maher Lic 62969 exp 2/28/25; FL dbpr Emilio Gacharich Lic 57455 exp 2/28/25; Professional Surveyor and Mapper License Mike Bartholomew Lic LS5666 exp 2/28/25;Professional Surveyor and Mapper License John Phillips III Lic LS4826 exp 2/28/25; State of FL FBPE Richard Wohlfarth Lic State of FL FBPE David Hoot Lic PE 35970 exp 2/28/25; State of FL FBPE Vanesa Mahoney Lic PE91017 exp 2/28/25; State of FL FBPE Walter Goblish Lic PE62156 exp 2/28/25; State of FL FBPE Jose Caraballo exp 2/28/25; State of FL FBPE Ernesto Fernandez Lic PE95204 exp 2/28/25; State fo FL FBPE Sergio Williams Lic PE97275 exp 2/28/25; Professioanl Surveyor and Mapprer Lic Jim Sullivan Lic LS6889 exp 2/28/25; State fo FL Gregory Stelmack Lic PE70556 exp 2/28/25; State of FL FBPE Andrew Nixon Lic PE71458 exp 2/28/25; State of FL Clifford Hippolyte Lic PE83242 exp 2/28/25; State of FL FBPE Edmundo Rodriguez Lic PE91400 exp 2/28/25; State of FL FBPE Martorell Torralbas Lic PE96030 exp 2/28/25; Palm Beach County Local Business Tax Receipt LBTR 200702344 exp 9/30/24; City of Broward County Local Business Tax LBTR# 187144 Exp. 09/30/24, Florida dbpr Business Registry CHA Consulting Inc Lic# 28386, Florida dbpr Professional Engineer Douglas Hammann Lic# PE50589 Exp. 02/28/25, Professional Engineer Scott Warner Hoxworth Lic# PE58643 Exp. 02/28/25, Professional Engineer James L Hagerty Lic# PE43969 Exp. 02/28/25, Professional Engineer Julian Andres Gomez Lic# PE 95992 Exp. 02/28/25, Professional Engineer Stefano Ceriana Lic# PE66379 Exp. 02/28/25, Professional Engineer John R Voorhees Lic# PE25385 Exp. 02/28/25, Professional Engineer Resumes Included Included Included Included Included Included Included Included Included References - SCOPE B: Infrastructure Improvements and Evaluations (3 government agencies in the past 3 years)Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Sub-Consultants Yes (1) - The Merchant Strategy Yes (2) Dennis J. Leavy & Associates; Electrical Design Associates, Inc. (EDA);(2) HP Consultants, Inc.; BDH Consulting Group (2) Radise; US Utility Potholing & Air Excavation (3) The Buzz Agency of Florida, LLC; Craig A. Smith & Associates, LLC; Terracon Consultants, Inc.None (4) Biscayne Engineering Company, Inc.; Brizaga; Brown & Phillips Inc.; Nutting Engineers of Florida, Inc.; Pacifica Engineering Services, LLC (4) BGE, Inc.; WIRX Engineering, LLC; Green Dade, Inc.; Tucker/Hall, Inc. Yes (5)- Avirom Surveying & Mapping, CPZ Architects Inc, Electrical Design Associates Inc, Organization Chart Included Included Included Included Included Included Included Included Included W-9 Included Included Included Included Included Included Included Included Included Project Workload Schedule Included Included Included Included Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/9/2024 1/10/2024 1/11/2024 1/11/2024 1/11/2024 1/11/2024 1/12/2024 1/17/2024 Comments: Other Related Services: Hydrogeological Services; ESG Program and Sustainability Other Related Services: Sub- Consultants: WIRX Engineering, LLC - FDOT Pre-qualification; SMBE; DBE, Minority Business; PB Cnty Local Business Tax Receipt; Subconsultants - Resumes *Submitted Exceptions to the Draft Contract Other Related Services: Water Plant Modifications, Capacity, & Operational Evaluation & Evaluations and Ancillary Studies & Services Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope B) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 49 Chen Moore and Associates Craven Thompson & Associates, Inc.Engenuity Group, Inc.HBC Engineering Company Holtz Consulting Engineering, Inc.HSQ Group, LLC Keith and Associates, Inc.Kimley-Horn and Associates, Inc.McKim & Creed Reina Engineering, LLC Thompson & Associates, Inc. Civil Engineering Wade Trim, Inc. 500 West Cypress Creek Road 3563 NW 53rd Street 1280 N. Congress Avenue 123 NW 13th Street 270 S. Central Blvd.1001 Yamato Road 301 E. Atlantic Boulevard 1920 Wekiva Way 3903 Northdale Blvd 550 SE 6th Avenue 500 S. Australian Avenue 2100 Ponce de Leon Blvd Suite 630 Suite 101 Suite 207 Suite 105 Pompano Beach, FL 33060 Suite 200 Tampa, FL 33624 Suite 200-F3 Suite 623 Suite 940 Fort Lauderdale, FL 33309 Fort Lauderdale, FL 33309 West Palm Beach, FL 33409 Boca Raton, FL 33432 Jupiter, FL 33458 Boca Raton, FL 33431 West Palm Beach, FL 33411 Delray Beach, FL 33483 West Palm Beach, FL 33401 Miami, FL 33134 Contact: Leigh Barron Contact: Douglas Taylor Contact: Bradley Jackson Contact: Gabriel Pons Contact: Christine Miranda Contact: BethAnn Shay Contact: Kristen Lawlor Contact: Erin Athas Contact: Caralynn Swain Contact: Francisco Reina Contact: James Thompson ; Lauren Johnson Contact: Dennis Prevo ; Carolina Pachano Contact No.: 954-730-0707 x 1056 Contact No.: 954-739-6400 Contact No.: 561-655-1151 Contact No.: 786-543-1009 Contact No.: 561-575-2005 Contact No.: 561-392-0221 x115 Contact No.: 954-788-3400 Contact No.: 321-754-0910 Contact No.: 813-549-3740 Contact No.: 561-571-2210 Contact No.: 954-761-1073 Contact No.: 813-678-2635 Email: lbarron@chenmoore.com Email: dtaylor@craventhompson.com Email: bjackson@engenuitygroup.com Email: gpons@hbcengineeringco.com Email: christine.miranda@holtzconsulting.com Email: info@hsqgroup.net Email: klawlor@keithteam.com Email: florida.marketing@kimley-horn.com Email: bizdevelopment@mckimcreed.com Email: freina@reinaengineering.com Email: james@thompson-inc.com ; Ljohnson@thompson-inc.com Email: Dprevo@wadetrim.com ; cpachano@wadetrim.com Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Yes- Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Inlcuded Yes - Included Yes - Included Yes - Included 500 Australian Ave South Ste 850 West Palm Beach, FL 33401 4723 W. Atlantic Avenue Suite A12, Delray Beach, FL 33445 1280 N Congress Ave Ste 101, West Palm Beach, FL 33409 (Headquarters) 8935 NW 35th Ln Ste 201 Doral, FL 33172 270 S Central Blvd Ste 207 Jupiter, FL 33458 1001 Yamato Road, Suite 105, Boca Raton, FL 33431 301 E. Atlantic Boulevard Pompano Beach, FL 33060 421 Fayetteville Street Ste 600 Raleigh, NC 27601 1730 Varsity Drive Venture IV Bldg, Suite 500, Raleigh, NC 27606 550 SE 6th Avenue, Suite 200-F3, Delray Beach, FL 33483 412 SE 18th Street, Fort Lauderdale, FL 201 N. Franklin St. Suite 1350 Tampa, FL 33602 Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations) Yes - Included - Notarized - See Question #27 (Claims & Arbitrations)Yes - Included - Notarized Yes - Included - Notarized Yes- Included - Notarized Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included N/A N/A Yes- Minority Business Certification Exp. Yes- State of Florida Minority Business Yes- Woman & Minority Business Certification Exp. N/A N/A N/A N/A N/A N/A N/A Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Included - Notarized Yes - Notarized Yes- Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes Yes- Included Yes - Included - Notarized Yes- Included -Notarized Yes- Included- Notarized Yes- Included- Notarized Yes - Included - Notarized - Verified 2/9/24 Yes- Included- Notarized Yes- Included - Notarized Yes- Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/24/24 Yes - Included - Notarized - Verified 2/2/24 (under Parent company Wade Trim Group, Inc.) None None None None None None None None None None None None Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged PBC Local Business Tax Receipt LBTR# 200802541, Florida dbpr Professional Engineer Peter Michael Moore Lic# PE58709 Exp. 02/28/25, Professional Engineer Suzanne M Dombrowski Lic# PE69918 Exp. 02/28/25, Professional Engineer Daniel Eduardo Davila Lic# PE63014 Exp. 02/28/25, Professional Engineer David James Cowan Jr Lic# PE85285 Exp. 02/28/25 Florida dbpr Professional Engineer Patrick J. Gibney Lic#PE49428 Exp. 02/28/25, Professional Engineer Douglas Roger Taylor Lic# PE50569 Exp. 02/28/25, Professional Engineer Luis S. Pimentel Lic# PE86616 Exp. 02/28/25, Professional Engineer Philip P. Joseph Lic# PE50825 Exp. 02/28/25, Professional Engineer Rober Michael Connors Lic# PE65921 Exp. 02/28/25, Professional Engineer Kevin Andrew Menting Lic# PE92016 Exp. 02/28/25, and Professional Engineer Leonard Z Gamble Lic# PE65921 Exp. 02/28/25. Broward County Business Tax Receipt Exp. 09/30/24, City of Ft. Lauderdale Business Tax Business Id: BL- 1301193. PBC Local Tax Receipt (2) LBTR # 2021140465 exp. 09/30/24 and #2021140466 exp. 09/30/24. City of Delray Beach Local Business Tax Receipt PBC LBTR 200819393 Engineer Business Exp. 09/30/24, PBC LBTR 200819396 Land Surveyor & Mapper Business Exp. 09/30/24, Florida dbpr Business Registered Lic.# 7095, Florida dbpr Professional Engineer Adam C. Swaney Lic# PE72235 Exp. 02/28/25, Green Building Certification Institute LEED Accredited Professional Adam Swaney Issue Dt 02/27/09, Professional Engineer Keith Byron Jackson Lic# PE37289 Exp. 02/28/25, Professional Engineer Lisa Anne Tropepe Lic# PE45408 Exp. 02/28/25, Professional Engineer Edith T.L. Bamber Lic# PE69957 Exp. 02/28/25, Florida Dept of Agriculture and Consumer Services: Professional Surveyor and Mapper Business License Engenuity Group Inc. Lic# LB6603 Exp. 02/28/25, Florida Dept of Agriculture and Consumer Services: State of Florida dbpr Professional Engineer Adebayo T. Coker Lic# PE55322 Exp. 02/28/25, Professional Engineer Hernan A. Lugo Lic# PE74961 Exp. 02/28/25, Florida Engineer Gregory Andrei Prytyka Lic# PE36868 Exp. 02/28/25, Professional Engineer Edgardo Diaz Lic# PE50728 Exp. 02/28/25, Professional Engineer Edgardo N. Martinez Lic#PE70471 Exp. 02/28/25, Professional Engineer Miguel A Villegas Lic.# PE68768 Exp. 02/28/25, Professional Engineer Sonny Daniel Abia Lic#PE48190 Exp. 02/28/25, Professional Engineer Teodoro J. Tefel Lic.# PE50106 Exp. 02/28/25, Professional Engineer Orlando Ranyer Penate Lic# PE80385 Exp. 02/28/25, Professional Engineer Maikel Fiallo Nunez Lic.# PE94434 Exp. 02/28/25, Professional Engineer Jorge State of Florida Woman & Minority Business Certification Holtz Consulting Engineers, Inc. Exp. 08/31/24, Florida dbpr Professional Engineer Andrea Padilla Holtz Lic# 45246 Exp. 02/28/25, SFWMD Small Business Enterprise Reg Vendor# 113085 Exp. 06/12/26, City of West Palm Beach Small Business Program Certificate Holtz Consulting Engineers Inc Exp. 03/23/24, Professional Engineer David Forrest Holtz Lic#PE42595 Exp. 02/28/25, Professional Engineer Stephen R. Fowler Jr. Lic#PE69039 Exp. 02/28/25, Professional Engineer Benjamin Joseph Fecko Lic#PE70865 Exp. 02/28/25, Professional Engineer Curtis Duane Robinson Lic# PE65685 Exp. 02/28/25, Professional Engineer Christine J. Miranda Lic# PE60906 Exp. 02/28/25, Professional Engineer Robert H. Barron Lic# PE91550 Exp. 02/28/25, Professional Engineer Kristin M. Fecko Lic#PE69812 Exp. 02/28/25, Professional Engineer Lawrence Anthony Lardieri Lic# PE26948 Exp. Limited Liability Company Doc L22000172831; FL dbpr Lic 26258; State of FL FBPE Henry William Deibel Jr. Lic PE50449 exp 2/28/25; State of FL FBPE Nour Sheadeh Lic PE48307 exp 2/28/25; State of FL FBPE Zachary Donald Todd Lic PE84179 exp 2/28/25; State of FL FBPE Alberto Tobias Zuniga Lic PE46196 exp 2/28/25; State of FL FBPE Jay Mitchell Huebner Lic PE54615 exp 2/28/25; State of FL FBPE Antonio Quevedo Lic PE59471 exp 2/28/25; State of FL FBPE Kevin Betancourt Lic PE83361 exp 2/28/25; Professional Surveyor and Mapper Business Certifcation LB7924 exp 2/28/25; Noriette Alvarez LS7273 exp 2/28/25; sub- consultants: Stanley Consultants, Inc. Doc P09744; Fl dbpr Quazi Amin Ahmed Lic 52564 exp 2/28/25; Susanne Williams Lic 52564 exp 2/28/25; Philip Marvin Boykin Lic 92999 exp 2/28/25 Florida dbpr Registered Business Keith and Associates Inc Lic# 7928, Florida dbpr Professional Engineer Alexander Scott Lazowick Lic# PE78625 Exp. 02/28/25, Professional Engineer Thomas S. Green Lic# PE67558 02/28/25, Professional Engineer Stephen Donald WIlliams Lic# PE32090 Exp. 02/28/25, Professional Engineer Jorge Valle Pellot Lic# PE77039 Exp. 02/28/25, Professional Engineer Jame Jelani Brad Wills Lic# PE85632 Exp. 02/28/25, Professional Engineer Jonah Fulton Weaver Lic# PE81297 Exp. 02/28/25, Professional Engineer Jonathan Patrick Weymouth LIC# PE52802 Exp. 02/28/25, Landscaping Architect Paul Harvey Weinberg Lic# LA6666804 Exp. 11/30/25, Landscaping Architect Kelli Beth Schueler Lic# LA6667565 Exp. 11/30/25, and Lanscaping Architect Michael J Phillips Lic# LA0001540 Exp. 11/30/25. PBC Local Business Tax Receipt Keith and Associates Inc Landscape Architect Business LBTR# 2018108675 Exp. 09/30/24, Keith and Associates Inc Landscape Florida dbpr Professional Engineer Marwan Mufleh Lic# 45329 Exp. 2/28/25, Professional Engineer Fannie Howard Lic# 67506 Exp. 02/28/25, Professional Engineer Tom Jensen Lic# 37290 Exp. 02/28/25, Professional Engineer Kevin Schanen Lic# 60251 Exp. 02/28/25, Professional Engineer Gina C Cassulo Lic# 95977 Exp. 02/28/25, Professional Engineer Jason R. Lee Lic# 67472 Exp. 02/28/25, Professional Engineer Kaitlin Townsend Lic# 87791 Exp. 02/28/25, Professional Engineer Nick Black Lic# 84908 Exp. 02/28/25, Professional Engineer David Calle Lic# 92398 Exp. 02/28/25, Professional Engineer Brett Johnson Lic# 74005 Exp. 02/28/25, Professional Engineer Josh Horning Lic# 67505 Exp. 02/28/25, Professional Engineer Chris Niforatos Lic#56881 Exp. 02/28/25, Professional Engineer Eric Regueiro Lic # 86211 Exp. 02/28/25, Professional Florida dbpr Business Registry McKim & Creed Inc Lic# 29588, Professional Engineer Mario Loaiza Lic# 59396 Exp. 02/28/25, Professional Engineer Robert H Garland Lic#64329 Exp. 02/28/25, Professional Engineer Chase Dickinson Lic# 83325 Exp. 02/28/25, Professional Engineer Omar Khan Lic# 75524 Exp. 02/28/25, Professional Engineer G. Michael Stoup Lic# 65702 Exp. 02/28/25, Professional Engineer Phillip James Locke Lic# 57527 Exp. 02/28/25, Professional Engineer Mitchel A. Chiavaroli Lic# 56335 Exp. 02/28/25, Professional Engineer Daniel Wade Keck Lic#50489 Exp. 02/28/25, Professional Engineer Colin Tyson Miller Lic# 61775 Exp. 02/28/25 State of FL FBPE Francisco Reina Lic PE95150 exp 2/28/25; Palm Beach County S/MBE Vendor # VS0000027653 exp 4/23/26; South FL Water Management Dist Certified SBE Vendor # 1000000847; Small Business City of West Palm Beach exp 9/12/26 Vendor # 1072262;Fl dbpr Reina Engineering LLC Lic 36570 Palm Beach County Equal Business Opportunity SBE exp 3/6/25; S/M/WBE # VC0000120638; State of Florida FBPE James Thompson Lic PE54731 exp 2/28/25; State of Florida FBPE Noel Rodriguez Lic PE86390 exp 2/28/25; State of Florida FBPE George Krawczyk Lic PE66646 exp 2/28/25; Sub-Consultant: Palm Beach County Local Business Tax Receipt LBTR 200701768 exp 9/30/24; Palm Beach County Business Tax Receipt LBTR 200701767 exp 9/30/24; Plam Beach County Equal Business Opportunity SBE S/M/WBE # SMIT0174 exp 2/13/25; State of Florida FBPE Larry Smith Lic PE45997 exp 2/28/25; Sub- consultant: Broward County Local Business Tax Receipt Receipt 327-288297, 327-12364 Registered Business Entity Wade Trim Inc. Lic. 3952 ; Did not provide Professional Licenses/Certifications Included Included Included Included Included Included Included Included Included Included Included Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (4)- Infra Map Corp, Zeman Consulting Group, Brizaga Inc, Cummins Cederberg Yes (4) - Absolute Civil Engineering Solutions, Quantum Electrical Engineering, Dickey Consutling Services, None Yes (6)- EV Services Inc., GPI Geospatial Inc., Olin Hydrographic Solutions Inc, RES Florida Consulting, LLC dba E Sciences, None Yes (4) - Stanley Consultants, Inc., Tierra South Florida, Inc., EW Consultants, Inc., The Valerin Group, Inc. Yes (7)- RMPK Funding Inc, SGM Engineering Inc, CPZ Architects Inc, The Merchant Strategy Inc, The Valerin Group Inc, Universal Engineering Sciences, Yes (4)- Tierra South Florida Inc, Bailey Engineering Consultants Inc, Brown & Philips Inc, and Walters Zackria Architects Yes (6)- Radise International, S.A. Nelson & Associates, Angie Brewer & Associates, Environmental Science Associates, Nutting None Yes (1) Garth Solutions, Inc. Yes (5)- WJA; Universal Engineering Sciences; Johnson, Levinson, Ragan Davila, Inc. (JLRD); Prevost Stamper Incorporated (PSI); and The Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged 1/17/2024 1/16/2024 1/16/2024 2/9/2024 1/16/2024 1/16/2024 1/18/2024 1/23/2024 1/24/2024 1/24/2024 Other Related Services: Transportation Services and Green Infrastructure, Sustainability, & Resiliency Services Other Related Services: Civil Land Development Services Other Related Services: Civil Land Development Services Other Related Services: Transporation Services and Civil Land Development Services Other Related Services: Ancillary Studies and Services Other related Services: Civil Land Development Services and Recreation & Parks Services Other Related Services: Transportation Services and Recreation & Park Services *VP Marwan Mufleh is not listed in Sunbiz Other Related Services: Water Plant Modifications, Capacity and Operational Evaluation *Mario Loaiza is not listed as a registered agent in Sunbiz Other related Services: Water Plant Modifications, Capacity, & Operational Evaluations and Recreation and Park Services NON-RESPONSIVE CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope B) 50 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Carollo Engineers, Inc.CDM Smith Inc.CHA Consulting, Inc.GHD Services Inc.Holtz Consulting Engineers, Inc.South Florida Engineering and Consulting LLC 621 NW 53rd Street Suite 265 Boca Raton, FL 33487 2056 Vista Parkway 101 Southhall lane 3 Winners Circle 2055 Niagara Falls Boulevard 270 S. Central Blvd.30 S M St Suite 400 Suite 200 PO Box 5269 Suite 3 Suite 207 West Palm Beach, FL 33411 Maitland, FL 32751 Albany, New York 12205-0269 Niagara Falls, NY 14304 Jupiter, FL 33458 Lake Worth, FL 33460 Contact: Elizabeth FujiKawa ; Stacey Biggs Contact: Suzanne Mechler ; Yanice Mercado ; Kyla Riordan Contact: Lauren Voit Contact: Meeghan Casey Contact: Christine Miranda Contact: Thomas Conboy ; Jose Cruz Contact No: 561-868-6400 Contact No.: 407-660-6380 Contact No.: 407-917-5352 Contact No.: 813-971-3882 Contact No.: 561-575-2005 Contact No.: 561-412-6997 ; 561-889-4713 Email: efujikawa@carollo.com ; sbiggs@carollo.com Email: mechlerse@cdmsmith.com ; riordankn@cdmsmith.com Email: Ivoit@chacompanies.com Email: meeghan.casey@ghd.com Email: christine.miranda@holtzconsulting.com Email: tconboy@sfec.us ; jcruz@sfec.us Scope Qualifications: SCOPE C: Ancillary Studies and Services Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes- Included Yes - Included Yes- Included Yes - Included Principle Business Location 2056 Vista Parkway, Suite 150, West Palm Beach, FL 33411 75 State Street, Suite 701, Boston, MA 02109 3 Winners Circle, P.O. Box 5269, Albany, NY 12205- 0269 3380 Fairlane Farms Road Ste 16, Wellington, FL 33414 270 S Central Blvd. Ste 207, Jupiter, FL 33458 30 S M St., Lake Worth Beach, FL 33460 Proposer Qualification Statement Form Page 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations) Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A N/A N/A N/A Yes - Woman & Minority Business Certification Exp. 08/31/24 N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Yes - Included - Notarized Yes - Included - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized - Verified 1/11/24 Yes - Included Notarized - Verified 1/11/24 Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/24/24 Conflict of Interest None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits State of FL FBPE Elizabeth Fujikawa Lic PE72860 exp 2/28/25; State of FL FBPE Mathew Richards Lic PE71505 exp 2/28/25; Palm Beach Cty Lacal Business Tax Receipt LBTR # 201256860 exp 9/30/24; State of FL FBPE Robert Cushing Lic PE57828 exp 2/28/25; State of FL FBPE Michael Boaz Lic PE92491 exp 2/28/25; State of FL FBPE Norman Anderson Lic PE71642 exp 2/28/25; State of FL FBPELisa Arroyo Lc PE91382 exp 2/28/25; State of FL FBPE Richardo Borromeo Lic PE67101 exp 2/28/25; State of FL FBPE Eric Gassen Lic PE94455 exp 2/28/23; State of FL FBPE Brian Graham Lic PE44683 exp 2/28/25; FL dbpr Professional Engineer Chad Green Lic 80131; State fo FL FBPE Vincent Hart Lic PE96251 exp 2/28/25; State of FL Brian Lamay Lic PE60142 exp 2/28/25; State of FL FBPE Tung Nguyem Lic PE85095 exp 2/28/25; State of FL FBPE Lyle Munce Lic PE55097 exp 2/28/25; state of FL FBPE Mark Pellish Lic PE46906 exp 2/28/25; State of FL FBPE Christopher Reinbold Lic PE68639 exp 2/28/25; State of FL FBPE Anthony Sabatino Lic PE85230 exp 2/28/25; State of FL FBPE Sandeep Sethi Lic PE72562 exp 2/28/25; State of FL FBPE Joel Smason Lic PE58434 exp 2/28/25; State of FL FBPE Erica Stone Lic PE75487 exp 2/28/25; State of FBPE Edwad Wicklein Lic PE86872 exp 2/28/25; State of FL FBPE Numir Al-Suleh Lic PE67396 exp 2/28/25; State of FL FBPE Laura Baumberger Lic PE65401 exp 2/28/25; Sub-Consultants: (JLA Goesciences, Inc.) FL dbpr Geologists James Andersen Lic PG1103 exp 7/31/24; The buzzAgency S/WBE #VS0000002027 exp 8/29/26; (Terracon) State of FL FBPE Richard State of FL FBPE Suzanne Mechler Lic PE63043 exp 2/28/25; State of FL FBPE Yanice Mercado Lic PE80029 exp 2/28/25; State of FL FBPE Jonathan GoldmanLic PE48925 exp 2/28/25; FL dbpr Marc Stonehouse Lic 68858 exp 2/28/25; FL dbpr Isaac Holowell Lic 83413 exp 2/28/25; State of FL FBPE Dornelle Thomas Lci PE79276 exp 2/28/25; Fl dbpr Carl Frizzell Lic 67560 exp 2/28/25; FL dbpr Carl Albano Lic 94258 exp 2/28/25; Stephen Burwinkel Lic 58567 exp 2/28/25; Fl dbpr Priscilla Sale Lic 82407 exp 2/28/25; FL dbpr Thomas NYE Lic 60733 exp 2/28/25; State of FL FBPE Martin Lewis Lic PE56958 exp 2/28/25; State of FL FBPE Graig Cadberry Lic PE55988 exp 2/28/25; FL dbpr Daniel Maher Lic 62969 exp 2/28/25; FL dbpr Emilio Gacharich Lic 57455 exp 2/28/25; Professional Surveyor and Mapper License Mike Bartholomew Lic LS5666 exp 2/28/25;Professional Surveyor and Mapper License John Phillips III Lic LS4826 exp 2/28/25; State of FL FBPE Richard Wohlfarth Lic PE50858 exp 2/28/25; State of FL FBPE Christopher Gworek Lic PE69947 exp 2/28/25; State of FL FBPE Maximo Peralta Alvarez Lic PE84213 exp 2/28/25; CDM Smith Inc - Geology Business Lic PG1860,PG2079, PG227, PG79, PG2017, PG2144, PG2362, PG324; State of FL FBPE Yanice Mercado Lic PE80029 exp 2/28/25; State of FL FBPE Johnthan Goldman Lic PE48925 exp 2/28/25; State of FL FBPE Michael Schmidt Lic PE42072 exp 2/28/25; FL dbpr Brian Mack Lic 46393 exp 2/28/25; FL dbpr Isaac Holowell Lic 83413 exp 2/28/25; FL dbpr Gina Cashon Lic 43891 exp 2/28/25; State of FL FBPE Dornelle Thomas Lic PE79276 exp 2/28/25; FL dbpr Broward County Local Business Tax LBTR# 187144 Exp. 09/30/24, Florida dbpr Business Registry CHA Consulting Inc Lic# 28386, Florida dbpr Professional Engineer Douglas Hammann Lic# PE50589 Exp. 02/28/25, Professional Engineer Scott Warner Hoxworth Lic# PE58643 Exp. 02/28/25, Professional Engineer James L Hagerty Lic# PE43969 Exp. 02/28/25, Professional Engineer Julian Andres Gomez Lic# PE 95992 Exp. 02/28/25, Professional Engineer Stefano Ceriana Lic# PE66379 Exp. 02/28/25, Professional Engineer John R Voorhees Lic# PE25385 Exp. 02/28/25, Professional Engineer Charles Robert Reiss Lic# PE53794 Exp. 02/28/25, Professional Engineer Arnelio Alfonso Lic# PE52566 Exp. 02/28/25, Professional Engineer Alex Guon Lic# PE53247, Exp. 02/28/25, Professional Engineer Edward Holmes Talton Jr Lic# PE47023 Exp. 02/28/25, Professional Engineer Weston Troy Haggen Lic# PE77777 Exp. 02/28/25, Professional Engineer Bryant J Facey Lic# PE76026 Exp. 02/28/25, Professional Engineer Chadwick George Meisel Florida dbpr Professional Geologist Gabrielle M Enos Lic# PG605 Exp. 07/31/24, Professional Engineer Brian Moore Lic# 64017 Exp. 02/28/25, Professional Engineer Michael Robert Barnett Lic# PE44625 Exp. 02/28/25, Professional Engineer Nicholas John Bragaia Lic# PE95611 Exp. 02/28/25, Professional Engineer Jonathan Allen Brent Lic# PE89641 Exp. 02/28/25, Professional Engineer Melissa Kalen Burns Lic# PE82221 Exp. 02/28/25, Professional Engineer David Andre Chang Lic# PE41853 Exp. 02/28/25, Professional Engineer Jesse W. Davis Lic# PE70660 Exp. 02/28/25, Construction Industry Licensing Board Ben Wadsworth Doan Lic# CGC1531308 Exp. 08/31/24, Professional Engineer Ben Wadsworth Doan Lic# PE43266 Exp. 02/28/25, Professional Engineer Jeremy K. Hess Lic# PE82353 Exp. 02/28/25, Professional Engineer Steven A. Janosik Lic# PE69825 Exp. 02/28/25, Professional Engineer Brian Moore Lic# PE64017 Exp. 02/28/25, Professional Engineer Jose Morales LIC# PE42008 Exp. 02/28/25, Professional Engineer Pradeep Nagarajan Lic# PE66651 Exp. 02/28/25, Professional Engineer Jingwei Li Lic# PE86659 Exp. 02/28/25, Florida Department of Agriculture and Consumer Services: Professional Surveyor and Mapper State of Florida Woman & Minority Business Certification Holtz Consulting Engineers, Inc. Exp. 08/31/24, Florida dbpr Professional Engineer Andrea Padilla Holtz Lic# 45246 Exp. 02/28/25, SFWMD Small Business Enterprise Reg Vendor# 113085 Exp. 06/12/26, City of West Palm Beach Small Business Program Certificate Holtz Consulting Engineers Inc Exp. 03/23/24, Professional Engineer David Forrest Holtz Lic#PE42595 Exp. 02/28/25, Professional Engineer Stephen R. Fowler Jr. Lic#PE69039 Exp. 02/28/25, Professional Engineer Benjamin Joseph Fecko Lic#PE70865 Exp. 02/28/25, Professional Engineer Curtis Duane Robinson Lic# PE65685 Exp. 02/28/25, Professional Engineer Christine J. Miranda Lic# PE60906 Exp. 02/28/25, Professional Engineer Robert H. Barron Lic# PE91550 Exp. 02/28/25, Professional Engineer Kristin M. Fecko Lic#PE69812 Exp. 02/28/25, Professional Engineer Lawrence Anthony Lardieri Lic# PE26948 Exp. 02/28/25, Professional Engineer Matthew S. Paymer Lic# PE88732 Exp. South FL Water Management District - SBE Vendor No 118826 exp 6/23/25; FL dbpr Daljit Sandhu Lic 1100019228; State of FL FBPE Mahmoud Madkour Lic PE48966 exp 2/28/25; State of FL FBPE Thomas Conboy Lic PE59289 exp 2/28/25; Professional Wetland Scierntist Andrew Gottlieb #3354 ; State of FL FBPE James Harper Lic PE50591 exp 2/28/25; Authorized Gopher Tortoise Agent Michael Adler permit # GTA-21-00063 exp 8/26/25; South FL Water Management District Certificate of Completion SFAEP Wetland Delineation Michael Adler; Airboat Operator Certification Ellen Ashford; USA Marine Training Thomas Prevratil Airboat Operator; FEMA IS-00100.c IS-00200.c IS-00700.b; State of FL FBPE Georgio Tachiev Lic PE67520 exp 2/28/25; Rummel Klepper & Kahl, LLP Lic 26879; Miriam Flo Kronisch Lic 84617 exp 2/28/25; State of FL dbpr Professional Geologists Michael Waldron Lic PG1948 exp 7/31/24; FL dbpr John Andrew Mayhut lic PG2969 exp 7/31/24; State of FL FBPE Derish Bardales Lic PE64661 exp 2/28/25; Professional Surveyor and Mapper Debris Harnan Bardales License # LS6778 exp 2/28/25; Professional Resumes Included Included Included Included Included Included References - SCOPE C - ANCILLARY STUDIES AND SERVICES Included (3)Included (3)Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Sub-Consultants (4) The Buzz Agency of Florida, LLC; Craig A. Smith & Associates, LLC; Terracon Consultants, Inc.; Environmental Science Associates (4) Brizaga, Inc.; NV5 Geospatial; Nutting Engineers of Florida, Inc.; Pacifica Engineering Services, LLC Yes (5)- Avirom Surveying & Mapping, CPZ Architects Inc, Electrical Design Associates Inc, Jezerinac Group, and Masse Consulting Services Yes (2)- Industrial Divers Corp, Inc. and Terraquatic, Inc. None Yes (1) - BDH Consulting Group Organization Chart Included Included Included Included Included Included W-9 Included Included Included Included Included Included Project Workload Schedule Included Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/11/2024 1/11/2024 1/17/2024 1/12/2024 1/24/2024 Comments: Other Related Services: Infrastructure Improvements & Evaluations and Water Plant Modifications, Capacity, & Operational Evaluation Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope C) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 51 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Baxter & Woodman, Inc.Calvin, Giordano & Associates, Inc.Chen Moore and Associates DDEC, LLC HBC Engineering Company HSQ Group, LLC Johnson, Mirmiran & Thompson, Inc.Kimley-Horn and Associates, Inc. 1601 Forum Place 580 Village Blvd.500 West Cypress Creek Road 2801 NW 55th Ct 123 NW 13th Street 1001 Yamato Road 400 Colonial Center Parkway 1920 Wekiva Way Suite 400 Suite 325 Suite 630 Suite 7W Suite 105 Suite 100 Suite 200 West Palm Beach, FL 33401 West Palm Beach, FL 33409 Fort Lauderdale, FL 33309 Tamarc, FL 33309 Boca Raton, FL 33432 Boca Raton, FL 33431 Orlando, FL 32746 West Palm Beach, FL 33411 Contact: Rebecca Travis Contact: Chris Giordano ; David Stambaugh ; Jessica Koehler Contact: Leigh Barron Contact: Uyen Dang Contact: Gabriel Pons Contact BethAnn Shay Contact: Karen Burns Contact: Erin Athas Contact No.: 561-655-5175 x 7715 Contact No.: 954-921-7781 Contact No.: 954-730-0707 x 1056 Contact No.: 813-380-6574 Contact No.: 786-543-1009 Contact No.: 561-392-0221 x115 Contact No.: 407-562-4950 Contact No.: 321-754-0910 Email: rtravis@baxterwoodman.com Email: cgiordano@cgasolutions.com ; procurement@cgasolutions.com Email: lbarron@chenmoore.com Email: uyen@ddec.com Email: gpons@hbcengineeringco.com Email: info@hsqgroup.net Email: kburns@jmt.com Email: florida.marketing@kimley-horn.com Scope Qualifications: SCOPE D: Transportation Services Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Principle Business Location 8678 Ridgefield Road, Crystal Lake, IL 60012 580 Village Blvd., Suite 325, West Palm Beach, FL 33409 500 Australian Ave South Ste 850 West Palm Beach, FL 33401 2801 NW 55th Ct Ste 7W, Tamarac, FL 33309 (Headquarters) 8935 NW 35th Ln, Ste. 201 Doral, FL 33172 1001 Yamato Road, Suite 105, Boca Raton, FL 33431 40 Wight Avenue Hunt Valley, MD 21030 421 Fayetteville Street Ste 600 Raleigh, NC 27601 Proposer Qualification Statement Page 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included Yes - Included Yes - Included - Notarized Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations) Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A N/A N/A Yes- Minority Women Business Certification Exp. 07/08/2024 Yes- State of Florida Minority Business Enterprise HBC Engineering Company Vendor# 20097725 Exp. 01/19/24 N/A N/A N/A Anti-Kickback Affidavit Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Non-Collusion Affidavit of Proposer Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized Yes - Included - Notarized - Verified 1/11/24 Yes - Included - Notarized Included- Notarized -Verified 2/6/24 Yes- Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 2/9/24 Yes - Included - Notarized Conflict of Interest None None None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits FL dbpr Professional Regulations Engineering Business Registry Baxter & Woodman Lic. # 31795; Rebecca Travis LEED Green Associates Certification exp 4/26/24; Mary Travis Envision Sustainability Professional exp 12/8/24; M. Travis Qualified Stormwater Management Inspector; State of FL FBPE Sira Prinyavivatkul Lic. # 64665 exp 2/28/25; State of FL FBPE M. Rebecca Travis Lic. # 40988 exp 2/28/25; ST of FL FBPE Jake Hurley Lic. # 90674; State of FL FBPE Kyle Scott Lic. # 87854 exp 2/28/25; State of FL FBPE Alexis Shotton Lic. # 96786 exp 2/28/25; State of FL FBPE Jeffrey Weatherford Lic. # 93940 exp 2/28/25; State of FL FBPE Zachary Williams Lic. # 67718 exp 2/28/25; State of FL FBPE Jeffrey Hiscock Lic. # 43984 exp 2/28/25; FDOT Pre- Qualification; State fo FL FBPE Gregory Stelmack Lic. # 70556 exp 2/28/25; State of FL FBPE Andrew Nixon Lic. # 71458 exp 2/28/25; State of FL FBPE Dameion Donaldson Lic. # 70851 exp 2/28/25 ; Sub-Consultants: WIRX Engineering, LLC - FDOT Pre-qualification; SMBE; DBE, Minority Business; PB Cnty Local Business Tax Receipt State of FL FBPE David Stambaugh Lic PE70757 exp 2/28/25; State of FL FBPE Jenna Martinetti Lic PE69035 exp 2/28/25; State of FL Nicholas Kanelidis Lic PE78536 exp 2/28/25; State of FL FBPE James Messick Lic PE70870 exp 2/28/25; State of FL FBPE Jorge Cervantes Lic PE45832 exp 2/28/25; State of FL FBPE Sebastian Soria Lic PE97125 exp 2/28/25; State of FL FBPE James Hart Lic PE65420 exp 2/28/25; State of FL FBPE Erik Padron Lic PE59446 exp 2/28/25; Salman Rathore FL dbpr Lic 75281 exp 2/28/25; State of FL dbpr Landscape Architecture Gianno Feoli Lic LA6667663 exp 11/30/25; State of FL dbpr Landscape Architecture Michael Conner Lic LA0001181 exp 11/30/23; International Society of Arboriculture Michael Conner exp 6-30-25 certificate FL-0774 ; State of FL dbpr Landscape Architecture Dominic Mack Lic LA6667598 exp 11/30/25; AICP Member Silva Elena Vargas; U.S. Green Building Council Silvia Vargas LEED Certified; City of West Palm Beach Business Tax Receipt ID 89262, 89265, 89718 ; FDOT Pre-Qualification exp 6/30/24 ; Qualified Stormwater Management Inspector Jenna Martinetti PE ; Qualified Stormwater Management Inspector James Messick PBC Local Business Tax Receipt LBTR# 200802541, Florida dbpr Professional Engineer Peter Michael Moore Lic# PE58709 Exp. 02/28/25, Professional Engineer Suzanne M Dombrowski Lic# PE69918 Exp. 02/28/25, Professional Engineer Daniel Eduardo Davila Lic# PE63014 Exp. 02/28/25, Professional Engineer David James Cowan Jr Lic# PE85285 Exp. 02/28/25 Florida dbpr Professional Engineer Bao Duy Dang Lic# PE58587 Exp. 02/28/25 and Khanh Uyen T. Dang Lic# PE73944 Exp. 02/28/25. City of Delray Beach Business Tax Receipt #23-00070842. Florida Unified Certification Program: Disadvantage Business Enterprise, Minority Woman Business Certification, and FDPT PreQualification Letter. State of Florida dbpr Professional Engineer Adebayo T. Coker Lic# PE55322 Exp. 02/28/25, Professional Engineer Hernan A. Lugo Lic# PE74961 Exp. 02/28/25, Florida Engineer Gregory Andrei Prytyka Lic# PE36868 Exp. 02/28/25, Professional Engineer Edgardo Diaz Lic# PE50728 Exp. 02/28/25, Professional Engineer Edgardo N. Martinez Lic#PE70471 Exp. 02/28/25, Professional Engineer Miguel A Villegas Lic.# PE68768 Exp. 02/28/25, Professional Engineer Sonny Daniel Abia Lic#PE48190 Exp. 02/28/25, Professional Engineer Teodoro J. Tefel Lic.# PE50106 Exp. 02/28/25, Professional Engineer Orlando Ranyer Penate Lic# PE80385 Exp. 02/28/25, Professional Engineer Maikel Fiallo Nunez Lic.# PE94434 Exp. 02/28/25, Professional Engineer Jorge Rodriguez Lic#. PE86104 Exp. 02/28/25, Professional Engineer Jose A. Diaz Lic# PE81014 Exp. 02/28/25, Professional Engineer Gonzalo Eduardo Barrera Lic# PE94260 Exp. 02/28/25, Professional Engineer Rodolfo Andres Ceceres Lic# PE72356 Exp. 02/28/25, Professional Engineer Claudia Patricia Bustamente Lic# PE87381 Exp. 02/28/25, North Carolina Board of Examiners Professional Engineer Moatz E. Saad Lic# 056192 Exp. 12/31/24 (verified online), PBC Local Business Tax Receipt LBTR # 2019114634, Business Registered dbpr HBC Engineering Company Lic# 27160 Current, PBC Equal Business Opportunity Vendor# VC0000133313 Exp. 05/23/25 (Small Minority Business Enterprise), Various Miami-Dade Certifications Exp. 05/31/26, Professional Consultant Certification with PBC issued on 09/22/20, and FDOT PreQualified types of work valid until 06/30/24. Limited Liability Company Doc L22000172831; FL dbpr Lic 26258; State of FL FBPE Henry William Deibel Jr. Lic PE50449 exp 2/28/25; State of FL FBPE Nour Sheadeh Lic PE48307 exp 2/28/25; State of FL FBPE Zachary Donald Todd Lic PE84179 exp 2/28/25; State of FL FBPE Alberto Tobias Zuniga Lic PE46196 exp 2/28/25; State of FL FBPE Jay Mitchell Huebner Lic PE54615 exp 2/28/25; State of FL FBPE Antonio Quevedo Lic PE59471 exp 2/28/25; State of FL FBPE Kevin Betancourt Lic PE83361 exp 2/28/25; Professional Surveyor and Mapper Business Certifcation LB7924 exp 2/28/25; Noriette Alvarez LS7273 exp 2/28/25; sub-consultants: Stanley Consultants, Inc. Doc P09744; Fl dbpr Quazi Amin Ahmed Lic 52564 exp 2/28/25; Susanne Williams Lic 52564 exp 2/28/25; Philip Marvin Boykin Lic 92999 exp 2/28/25 Various FDOT Pre-Qualified Technical Work Exp. 06/30/2024, Florida dbpr Registered Business Johnson Mirmiran & Thompson Inc Lice# 5917, Florida Department of Agriculture and Consumer Services Professional Surveyor and Mapper Business License Lic# LB8146 Exp. 02/28/25, St Lucie Tax Collector Local Business Tax Receipt Acct#10000019176 Exp. 09/30/24, Florida dbpr Professional Engineer Joshua David Baimel Lic# PE59999 Exp. 08/28/25, Professional Engineer Sergio Carlos Quevedo Lic# PE63084 Exp. 02/28/25, Professional Engineer Steven E. Haines Lic# PE71522 Exp. 02/28/25, Professional Engineer Johan Ranulfo Aranda Lic# PE69800 Exp. 02/28/25, Professional Engineer Ryan Paul Bogan Lic# PE82217 Exp. 02/28/25, Professional Engineer Dan Dan Zhao Lic# PE82464 Exp. 02/28/25, Florida Department of Agriculture and Consumer Services Professional Surveyor and Mapper Business License David Alan Puigdomenech Lic# LS6031 Exp. 02/28/25, Professional Engineer Jason Riley Flick Lic# PE74741 Exp. 02/28/25, Professional Engineer Joseph Michael Gerum Lic#PE88550 Exp. 02/28/25, Professional Engineer Michael W Priory Lic# PE60614 Exp. 02/28/25, Professional Engineer Sara M Beresheim Lic # PE 63951 Exp. 02/28/25, Professional Engineer Anthony Daniel Chaumont Lic# PE72473 Exp. 02/28/25, Professional Engineer Steven E Haines Lic# PE71522 Exp. 02/28/25, Professional Engineer Steven Douglas Collins Lic# PE80872 Exp. 02/28/25, Florida Department of Agriculture and Consumer Services Professional Surveyor and Mapper Business License David Keith Stickles Lic# LS7201 Exp. 02/28/25, and Florida Fish & Wildlife Conservation Commission Authorized Gopher Tortoise Agent Jason Evert Permit# GTA-19-00027A Exp. 03/18/25. Florida dbpr Professional Engineer Marwan Mufleh Lic# 45329 Exp. 2/28/25, Professional Engineer Eric Regueiro Lic # 86211 Exp. 02/28/25, Professional Engineer Brandon Kern Lic# 90729 Exp 02/28/25, Professional Engineer Jimmy Regis Lic# 122183 NOT VALID, Professional Engineer Adam Kerr Lic# 64773 Exp 02/28/25, Professional Engineer Stewart E. Robertson Lic#63939 Exp. 02/28/25, Professional Engineer Stephanie Guerra Lic#84302 Exp. 02/28/25, Engineering Intern Nick Brooks Cert#1100025912, Professional Engineer Tara Swann Lic# 83378 Exp. 02/28/25, Professional Engineer Sara Lopez Lic#87388 Exp. 02/28/25, Professional Engineer Cristina I Caceres Lic# 96877 Exp. 02/28/25, Professional Engineer Nick Black Lic# 84908 Exp. 02/28/25, Professional Engineer Alex Garlaschi Lic# 95736 Exp. 02/28/25, Professional Engineer Lisa Stone Lic# 56806 Exp. 02/28/25 Resumes Included Included Included Included Included Included Included Included References - SCOPE D - Transportation Services Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3)- Included Yes (1) Valid - 3 is Included Provided Same as Scope B Yes (3) - Included Yes (3) - Included Sub-Consultants Yes (3) Dennis J. Leavy & Associates; WIRX Engineering, LLC; Cyriacks Environmental Consulting Services, Inc (3) Lakdas/Yohalem Engineering; National Data and Surveying Services ; US Utility Potholing & Air Excavation Yes (4 )- Infra Map Corp, Zeman Consulting Group, Brizaga Inc, Cummins Cederberg Yes (3) - Exp U.S. Services Inc., Craven, Thompson, & Associates Inc, and NUE Urban Concepts LLC Yes (6) - EV Services Inc., GPI Geospatial Inc., Olin Hydrographic Solutions Inc, RES Florida Consulting, LLC dba E Sciences, Geosol Inc, Wingerter Laboratories Inc Yes (4) - Stanley Consultants, Inc., Tierra South Florida, Inc., EW Consultants, Inc., The Valerin Group, Inc.None Yes (4) - Tierra South Florida Inc, Bailey Engineering Consultants Inc, Brown & Philips Inc, and Walters Zackria Architects Organization Chart Included Included Included Included Included Included Included Included W-9 Included Included Included Included Included Included Included Included Project Workload Schedule Included Included Included Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/11/2024 1/17/2024 1/16/2024 2/9/2024 1/16/2024 1/17/2024 Comments:Other Related Services: Subconsultants - Resumes *Submitted Exceptions to the Draft Contract Other Related Services: Infrastructure Improvements & Evaluations and Green Infrastructure, Sustainability, & Resiliency Services Other Related Services: Infrastructure Improvements & Evaluations and Recreation & Park Services *VP Marwan Mufleh is not listed in Sunbiz Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope D) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 52 Propel Engineering, Inc.The Corradino Group, Inc. 2711 N Vista Parkway 4055 NW 97th Avenue Suite B-7 Suite 200 West Palm Beach, FL 33411 Miami, FL 33178 Contact: Ericka Moran Contact: Mike Ciscar ; Eric Czerniejewski ; Larry Jackson Contact No.: 561-389-1622 Contact No.: 305-594-0735 x1029 Email: ericka@propel-engineering.com Email: miami@corradino.com ; Ljackson@corradino.com Submission 1 Submission 1 Yes - Included Yes - Included 2711 Vista Parkway, Suite B-7, West Palm Beach, FL 33411 4055 NW 97th Avenue, Suite 200, Miami, FL 33178 Yes - Included Yes - Included - See Question #27 (Claims & Arbitrations) Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Asian N/A Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Acknowledged Acknowledged Yes - Included Yes - Included Yes - Included - Notarized - Verified 1/19/24 Yes - Included - Notarized - Verified 1/24/24 None None Acknowledged Acknowledged Acknowledged Acknowledged FL dbpr Lic 31050; State of FL Minority Business Certification; PB County Office of Equal Business Opportunity vendor # VS0000003404 exp 4/11/26; Plam Beach County Local Business Tax Receipt LBTR 2016086450 exp 9/30/24 & LBTR 2019119072 exp 9/30/24 & LBTR 2019118142 exp 9/30/24; State of Florida FBPE Majharul Alam Lic PE61600 exp 2/28/25; Sate of Florida FBPE James J. Vomack Lic PE60518 exp 2/28/25; State of Florida FBPE Sven Weydahl Lic PE38869 exp 2/28/25; State of Florida Dilnahar Shuvo Lic PE92997 exp 2/28/25;State of Florida FBPE Istiak Ahmed Lic PE93114 exp 2/28/25: Sub-Consultants - State of Florida FBPE Partha Ghosh Lic PE51377 exp 2/28/25; State of Florida FBPE Zhijun Pan Lic PE70634 exp 2/28/25; Sate of Florida Minority Business Certification GCME, Inc. exp 10/24/25; City of Riviera Beach Business Tax Receipt exp 9/30/24; Sate of Florida FBPE Fenson Masse Lic PE71397 exp 2/28/25; State of Florida FBPE Abul Basher MD Khan Lic PE53863 exp 2/28/25; Masse Consulting Services LLC Palm Beach County Business Tax Receipt LBTR 2020124506 exp 9/30/24; Florida Unified Certifcation Program DBE; State of Florida Women Business Certifications Quest Corporation of America, Inc.; Professional Surveyor and Mapper License Clyde Robin Mason II Lic LS6905 exp 2/28/25; Professional Surveyor and Mapper Lic Ritzel- Mason, Inc. Lic LB8265 exp 2/28/25; Professional Surveyor and Mapper License Eric R Mathews Lic LS6717 exp 2/28/25; WGI, Inc. Lic LB7055 Surveying and Mapping Business license exp 2/28/25 State of FL FBPE Miguel Ramon Ciscar Lic PE43244 exp 2/28/25; State of FL FBPE Eric Czerniejewski Lic PE58002 exp 2/28/25; State of FL FBPE Mark Croft Lic PE40941 exp 2/28/25; Institute for Sustainable Infrastructure - Eric Czerniejewski; State of FL FBPE Vanessa Spatafora Lic PE77741 exp 2/28/25; State fo FL FBPE David Cleveland Lic PE62283 exp 2/28/25; State of FL FBPE Diana White Lic PE74568 exp 2/28/25; State of FL FBPE Ryan Solis-Rios Lic PE63345 exp 2/28/25; State of FL Gerald Glenn Bolden Lic PE86930 exp 2/28/25; Transportation Traffic Operation Engineer Certification Ryan Solis-Rios; Transportation Traffic Operation Engineer Certification Gerald Glenn; State of FL FBPE Kenneth D. Kaltenbach Lic PE23921 exp 2/28/25; State fo FL FBPE Gorky Charpentier Lic PE47523 exp 2/28/25; State of FL FBPE Jose Leon Lic PE65502 exp 2/28/25; State of FBPE Jeffrey Coffin Lic PE53147 exp 2/28/25; State of FL Joseph William Carothers Lic PE91060 exp 2/28/25; State of FL FBPE Eduardo Perez de Morales Lic PE36146; State of FL FBPE Melvin Pollock Lic PE61811 exp 2/28/25; AICP Certified Planner Joseph Michael Corradino #012032; AICP Certified Planner Edward Wing Keung Ng # 028927; AICP Certified Planner Mario Francisco Duron Jr. # 32255; AICP Certified Transporation Planner Scarlet R. Hammons; Professional Transporation Planner Aditya Rumar Batragadda # 645; FL dbpr Michale William Willis Lic 96596; Sub-Consultant: The Corradino Group, Inc. Lic 7665; Fredrick P'Pool FDOT Prequalification Package; Sub-Consultant: State of Florida Minority Business CTS Engineering, Inc exp 6/10/24; FL dbpr CTS Engineering, Inc. Lic 28935; FL UCP DBE certified NAICS # 541330 & 541690; Sub-Consultant State of FL Women & Minority Business exp 9/6/25; Palm Beach County S/M/WBE Vendor # VS0000003497 exp 7/13/24; State of FL FBPE Brent Jude Lee Shue Ling Lic PE71453 exp 2/28/25; State of FL FBPE Eva Capmello Lic PE78516 Exp 2/28/25; State of FL FBPE Shanshan Yang Lic PE86547 exp 2/28/25; State of FL FBPE Stephen Allen Hughes Lic PE64740 exp 2/28/25; State of FL FBPE Venkata Phani Kiran Allu Lic PE68069 exp 2/28/25; State of Florida FBPE Jessica Irela Reyes Lic PEPE77542 exp 2/28/25; Tranportation vertification # 1974 - Venkata Phani Kiran Allu; Traffic Signal certification #BE_113464; State of FL FBPE SatyaSuresh Kumar Allu Lic PE85951 exp 2/28/25; Professional Surveyor and Mapper Lic Lis Rocio Tolstoy Lic LS6759; Sub- Included Included Yes (3) - Included Yes (3) - Included Yes (5) - GCME, Inc.; Masse Consulting Services, LLC; Quest Corporation of America, Inc., Ritzel- Mason, Inc.; WGI, Inc.Yes (2) - CTS Engineering, Inc. ; Via Planning Included Included Included Included Included Included Acknowledged Acknowledged 1/19/2024 1/24/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope D) 53 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM BEA Architects, Inc.CPZ Architects, Inc.Kanthan Design Corporation West Architecture + Design, LLC 11575 NW 7th Avenue 4316 W. Broward Blvd.631 Potter Road 820 North 4th Street Miami, FL 33168 Plantation, FL 33317 Boynton Beach, FL 33435 Lantana, FL 33462 Contact: Bruno Ramos Contact: Kim Zimmerman Contact: Supradheep Kanthan Contact: Matthew F. West Contact No.: 305-461-2053 Contact No.: 954-792-8525 Contact No.: 561-900-4815 Contact No.: 561-588-2027 x242 Email: beamarketing@beai.com Email: kim@cpzarchitects.com Email: abhi@kanthandesign.com email: rbarrett@west-arch.com Scope Qualifications: SCOPE E: Architectural Design Services Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes- Included Yes-Included Principle Business Location:11575 NW 7 Avenue, Miami, FL 33168 1601 Belvedere Road, S-350 West Palm Beach, FL 33406 631 Potter Road Boynton Beach, FL 33435 820 North 4th Street Lantana, FL 33462 Proposer Qualification Statement Form Page 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business Yes - Hispanic N/A Yes- Minority Business Certification Exp 10/17/25 N/A Anti-Kickback Affidavit Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Non-Collusion Affidavit of Proposer Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized Yes - Included - Notarized Yes- Included-Notarized Yes - Included - Notarized - Verified 2/8/24 registered under subsidiary West Construction, Inc. Conflict of Interest None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits FL dbpr Architecture & Interior Design Bruno E. Ramos Lic. # AR0012160 exp 2/28/25; FL dbpr Construction Industry Bruno E. Ramos Lic CGC033989 exp 8/31/24; FL dbpr Architecture & Interior Design Adrian Price Lic AR97981 exp 2/28/25; Green Building Certificaton LEED Bruno E. Ramos; FL dbpr Architecture & Interior Design Robert Draper Lic AR96257 exp 2/28/25; FL dbpr Architecture & Interior Design Lic AR103033 exp 2/28/25: Sub-Consultant: State of FL FBPE Charles Carter Gableman Lic PE51936 exp 2/28/25; The U.S. Green Build LEED Charles Gableman; State of FL FBPE Keith Lorinos Lic PE73794 exp 2/28/25; State of FL FBPE Anthony Zilio Lic PE47013 exp 2/28/25; FL dbpr Landscape Architecture Brian Shore Lic LA6666770 exp 11/30/25; State of FL dbpr Landscape Architecture Casto Juncal Lic LA6667184 exp 11/30/25; The International Society of Arboriculture Castro Juncal exp 6/30/24 PBC Local Business Tax Rct # 2021140062/2023154410, Florida DBPR Board of Architecture & Interior Design Exp. 02/28/2025 Lic# AR0010995Florida DBPR Board of Architecture & Interior Design Ex. 02/28/25 Lic# AR96502; Certified Equal Business Opportunity Vendor #VS0000013122 Florida dbpr Architect Supradheep L Kanthan Lic# AP98097 Exp. 02/28/25. PBC Local Business tax LBTR# 2016091263 PBC Local Business Tax Receipt# 201005983 & 201005982 Exp. 09/30/24, Florida dbpr Architect & Interior Designer Matthew Fielden West Exp. 02/28/25 Resumes Included Included Included Included References - SCOPE E - Architectural Design Services Yes - (3) Included Yes - (3) Included Yes - (3) Included Yes - (3) Included Sub-Consultants Yes (5)(3) - Johnson, Levinson, Ragan, Davila, Inc. (JLRD); Bliss & Nyitray, Inc.; Engenuity Group, Inc.; Keith & Associates, Inc.; Terracon Consultants, Inc . Miller, Legg & Associates, Inc. Yes (6) - ECF Engineering, Civil Design Inc., MUEngineering, Inc., Bortak Design, CMS-Construction Management Services, and Stoner & Associates None Yes (3)- Tonning and Associates Inc, Warren J. Von Werne PE Inc, and Berlin Consulting Inc Organization Chart Included Included Included Included W-9 Included Yes - Included Yes - Included Yes - Included Project Workload:Included Included Included - No description Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/16/2024 1/24/2024 Comments: Consultant also lists: Engenuity Group, Inc. KEITH & Associates, Inc. & Terracon Consultants, Inc. in the proposal but did not include their resumes or on the Organization chart. Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope E) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 54 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Black & Veatch Corporation Hazen and Sawyer Jacobs Engineering Group, Inc.South Florida Engineering and Consulting 8461 Lake Worth Road 4000 Hollywood Boulevard 550 W. Cypress Creek Road 30 S M St Suite 166 Suite 750 North Suite 400 Lake Worth, FL 33467 Hollywood, FL 33021 Fort Lauderdale, FL 33309 Lake Worth, FL 33460 Contact: Chris Barlow ; Christine Waalewyn Contact: Albert Muniz ; Julie Forgione Contact: Daniel Rutland ; GJ Schers ; Didier Menard ; Lisa Tinsley Contact: Jose Cruz Contact No.: 561-713-1442 ; 407-419-3565 Contact No.: 954-987-0066 Contact No.: 281-216-0825 Contact No.: 561-889-4713 Email: barlowc@bv.com ; waalewynca@bv.com Email: amuniz@hazenandsawyer.com ; jforgione@hazenandsawyer.com Email: daniel.rutland@jacobs.com ; G.Jschers@jacobs.com ; didier.menard@jacobs.com ; lisa.tinsley@jacobs.com Email: jcruz@sfec.us Scope Qualifications: SCOPE F: Hydrogeological Services Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes - Included Yes - Included Principle Business Location 11401 Lamar Avenue, Oakland Park, KS 66211 2101 NW Corporate Boulevard Ste 301, Boca Raton, FL 33431 550 W. Cypress Creek Road, Ste 400, Fort Lauderdale, FL 33309 30 S M St., Lake Worth Beach, FL 33460 Proposer Qualification Statement Pages 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A N/A N/A N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Yes - Included - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Received Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes- Included - Notarized & Verified 1/11/24 Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/24/24 Conflict of Interest None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits State of FL FBPE Isabel Botero Lic PE67176 exp 2/28/25; State of FL FBPEChristopher Barlow Lic PE59256 exp 2/28/25; State of FL FBPE James Penkosky Lic PE47591 exp 2/28/25; Palm Beach county Local Business Tax Receipt # 2016094080 exp 9/30/24; State of FL FBPE Arvind Kumbhojkar Lic PE41067 exp 2/28/25; Professional Surveyor and Mapper Deris Bardales Lic LS6778 exp 2/28/25 Florida dbpr Professional Engineer Robert B Taylor Jr Lic# PE44165 Exp. 02/28/25, Professional Geologists Gerrit Rijk Bulman Lic# PG2697 Exp. 07/31/24, and PBC Local Business Tax Receipt LBTR# 199514009 Exp. 09/30/24 Florida dbpr Professional Engineer Raul Alfaro Lic# PE92557 Exp. 02/28/25, Professional Engineer Daniel Clark Rutland Lic# PE77035 Exp. 02/28/25, Professional Engineer Rufus Bruner III Lic# PE35951 Exp. 02/28/25, Professional Geologist Thomas Alex Farkas Lic# PG2074 Exp. 07/31/24, Professional Geologist Amanda Noel Berens Lic# PG2779 Exp. 07/31/24, and Professional Engineer Amanda Noel Berens Lic# 68871 Exp. 02/28/25, and South FL Water Management District - SBE Vendor No 118826 exp 6/23/25; FL dbpr Daljit Sandhu Lic 1100019228; State of FL FBPE Mahmoud Madkour Lic PE48966 exp 2/28/25; State of FL FBPE Thomas Conboy Lic PE59289 exp 2/28/25; Professional Wetland Scierntist Andrew Gottlieb #3354 ; State of FL FBPE James Harper Lic PE50591 exp 2/28/25; Authorized Gopher Tortoise Agent Michael Adler permit # GTA-21-00063 exp 8/26/25; South FL Water Management District Certificate of Completion SFAEP Wetland Delineation Michael Adler; Airboat Operator Certification Ellen Ashford; USA Marine Training Thomas Prevratil Airboat Operator; FEMA IS-00100.c IS-00200.c IS-00700.b; State of FL FBPE Georgio Tachiev Lic PE67520 exp 2/28/25; Rummel Klepper & Kahl, LLP Lic 26879; Miriam Flo Kronisch Lic 84617 exp 2/28/25; State of FL dbpr Professional Geologists Michael Waldron Lic PG1948 exp 7/31/24; FL dbpr John Andrew Mayhut lic PG2969 exp 7/31/24; State of FL FBPE Derish Bardales Lic PE64661 exp 2/28/25; Professional Surveyor and Mapper Debris Harnan Bardales License # LS6778 exp 2/28/25; Professional Surveyor and Mapper Business License BDH COnsulting Group, LLC #LB8012 exp 2/28/25; South Florida Water Management District SBE vendor # 119503 exp 3/15/25; Palm Beach Cty S/MBE Vendor # VS00000000760 exp 2/5/24 Resumes Included Included Included Included References - SCOPE F - Hydrogeological Services Included (3)Yes (3) - Included Yes (3) - Included Yes (3) - Included Sub-Consultants Yes (1) - SHS Engineers None None Yes (1) - RK&K Organization Chart Included Included Included Included W-9 Included Included Included Included Project Workload Schedule Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged SunBiz Verified Date 1/10/2024 1/16/2024 1/24/2024 Comments: VP Didier Menard is not listed on Sunbiz - other Agents on the Proposal Qualification form are not listed on sunbiz. Two LBTR exist under Jacobs Engineering, but cannot determine which is the correct one. Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope F) 55 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Baxter & Woodman, Inc.Chen Moore and Associates EXP U.S. Services Inc GHD Services, Inc.Lakdas/Yohalem Engineering South Florida Engineering and Consulting LLC 1601 Forum Place 500 West Cypress Creek Road 201 Alhambra Circle 2055 Niagara Falls Boulevard 2211 NE 54th Street 30 S M St Suite 400 Suite 630 Suite 800 Suite 3 West Palm Beach, FL 33401 Fort Lauderdale, FL 33309 Coral Gables, FL 33134 Niagara Falls, NY 14304 Fort Lauderdale, FL 33308 Lake Worth, FL 33460 Contact: Rebecca Travis Contact: Leigh Barron Contact: Ajani Stewart Contact: Meeghan Casey Contact: Lakdas Nanayakkara Contact: Jose Cruz Contact No.: 561-655-5175 x 7715 Contact No.: 954-730-0707 x 1056 Contact No.: 305-302-9628 Contact No.: 813-971-3882 Contact No.: 954-771-0630 Contact No.: 561-889-4713 Email: rtravis@baxterwoodman.com Email: lbarron@chenmoore.com Email: ajani.stewart@exp.com Email: meeghan.casey@ghd.com Email: lye@lyengineering.com Email: jcruz@sfec.us Scope Qualifications: SCOPE G: Green Infrastructure, Sustainability and Resiliency Services Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Principle Business Location 8678 Ridgefield Road, Crystal Lake, IL 60012 500 Australian Ave South Ste 850 West Palm Beach, FL 33401 201 Alhambra Circle Ste 800 Coral Gables, FL 33134 3380 Fairlane Farms Road Ste 16, Wellington, FL 33414 560 Village Blvd Ste #325 West Palm Beach, FL 33409 30 S M St., Lake Worth Beach, FL 33460 Proposer Qualification Statement Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations)Received - See Question #27 (Claims & Arbitrations)Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A N/A N/A N/A Yes - Minority Business Certification Exp. 05/18/25 N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Yes - Included - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized - Verified 1/9/24 Yes - Included - Notarized Yes - Included - Notarized Yes- Included- Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/24/24 Conflict of Interest None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits FL dbpr Professional Regulations Engineering Business Registry Baxter & Woodman Lic. # 31795; Rebecca Travis LEED Green Associates Certification exp 4/26/24; Mary Travis Envision Sustainability Professional exp 12/8/24; M. Travis Qualified Stormwater Management Inspector; State of FL FBPE Sira Prinyavivatkul Lic. # 64665 exp 2/28/25; State of FL FBPE M. Rebecca Travis Lic. # 40988 exp 2/28/25; ST of FL FBPE Jake Hurley Lic. # 90674; State of FL FBPE Kyle Scott Lic. # 87854 exp 2/28/25; State of FL FBPE Alexis Shotton Lic. # 96786 exp 2/28/25; State of FL FBPE Jeffrey Weatherford Lic. # 93940 exp 2/28/25; State of FL FBPE Zachary Williams Lic. # 67718 exp 2/28/25; State of FL FBPE Jeffrey Hiscock Lic. # 43984 exp 2/28/25; FDOT Pre-Qualification; State fo FL FBPE Gregory Stelmack Lic. # 70556 exp 2/28/25; State of FL FBPE Andrew Nixon Lic. # 71458 exp 2/28/25; State of FL FBPE Dameion Donaldson Lic. # 70851 exp 2/28/25 PBC Local Business Tax Receipt LBTR# 200802541, Florida dbpr Professional Engineer Peter Michael Moore Lic# PE58709 Exp. 02/28/25, Professional Engineer Suzanne M Dombrowski Lic# PE69918 Exp. 02/28/25, Professional Engineer Daniel Eduardo Davila Lic# PE63014 Exp. 02/28/25, Professional Engineer David James Cowan Jr Lic# PE85285 Exp. 02/28/25 City of Coral Gables Business Tax Receipt Lic# BT-0025015256 Exp. 09/30/24, ASFPM Certified Floodplain Manager Ajani Stewart CFM, Project Management Institute Carmen Olazabal Project Management Professional PMP Exp. 03/07/25, Envision Sustainability Professional Carmen Olazabal Exp. 03/31/24, Green Business Certification Institute LEED Professional Lic # 0010444929 Carmen Olazabal, Florida dbpr Florida Engineer Carmen Olazabal Lic# PE69589 Exp. 02/28/25, Engineer and Surveyor College of Puerto Rico Carmen M. Olazabal Garcia Lic. 19838 Exp. 09/01/22, Envision Sustainability Professional Jorge Acevedo Exp. 06/14/24, Florida dbrp Professional Engineer Jorge Enrique Acevedo Lic.# PE66623 Exp. 02/28/25, Professional Engineer Amy Elizabeth Paster Lic# PE70740 Exp. 02/28/25, Envision Sustainability Professional Carlos Tijerino Exp. 12/05/23, OSHA Construction Safety and Health Carlos Tijerino #20-600606081, FDOT Temporary Traffic Control Course Carlos Tijerino Cert# 85584 Exp. 05/13/26, Professional Engineer Jannek Cederberg Lic# PE69839 Exp. 02/28/25, Green Business Certification Institute LEED Professional Gregory Romanczyk, Professional Engineer Gregory Romanczyk Lic# PE70626 Exp. 02/28/25, WEDG Associate Leonard Barrera Issue Dt 06/22/21, Professional Engineer Leonard Andrew Barrera Allen Lic# PE90872 Exp. 02/28/25, Envision Sustainability Professional Leonard Barrera Allen Exp 05/03/24, and Professional Engineer Roxana Patricia Matamoros Lic# PE77979 Exp. 02/28/25. Florida dbpr Professional Geologist Gabrielle M Enos Lic# PG605 Exp. 07/31/24, Professional Engineer Brian Moore Lic# 64017 Exp. 02/28/25, Professional Engineer Michael Robert Barnett Lic# PE44625 Exp. 02/28/25, Professional Engineer Nicholas John Bragaia Lic# PE95611 Exp. 02/28/25, Professional Engineer Jonathan Allen Brent Lic# PE89641 Exp. 02/28/25, Professional Engineer Melissa Kalen Burns Lic# PE82221 Exp. 02/28/25, Professional Engineer David Andre Chang Lic# PE41853 Exp. 02/28/25, Professional Engineer Jesse W. Davis Lic# PE70660 Exp. 02/28/25, Construction Industry Licensing Board Ben Wadsworth Doan Lic# CGC1531308 Exp. 08/31/24, Professional Engineer Ben Wadsworth Doan Lic# PE43266 Exp. 02/28/25, Professional Engineer Jeremy K. Hess Lic# PE82353 Exp. 02/28/25, Professional Engineer Steven A. Janosik Lic# PE69825 Exp. 02/28/25, Professional Engineer Brian Moore Lic# PE64017 Exp. 02/28/25, Professional Engineer Jose Morales LIC# PE42008 Exp. 02/28/25, Professional Engineer Pradeep Nagarajan Lic# PE66651 Exp. 02/28/25, Professional Engineer Jingwei Li Lic# PE86659 Exp. 02/28/25, Florida Department of Agriculture and Consumer Services: Professional Surveyor and Mapper License James M Wood Lic# LS7305 Exp. 02/28/25, State of Arizona GHD INC, Surveyor Business License Lic# LB8496 Exp. 02/28/25, PBC Local Business License LBTR# 201465008 Exp. 09/30/24 Florida dbpr Business Registry Lakdas/Yohalem Engineering (Nanayakkara, Lakdas) Lic# 37590 Exp. 02/28/25, Broward County Business Enterprise Certification, FDOT Prequalification certification Exp. 09/27/23. South FL Water Management District - SBE Vendor No 118826 exp 6/23/25; FL dbpr Daljit Sandhu Lic 1100019228; State of FL FBPE Mahmoud Madkour Lic PE48966 exp 2/28/25; State of FL FBPE Thomas Conboy Lic PE59289 exp 2/28/25; Professional Wetland Scierntist Andrew Gottlieb #3354 ; State of FL FBPE James Harper Lic PE50591 exp 2/28/25; Authorized Gopher Tortoise Agent Michael Adler permit # GTA-21-00063 exp 8/26/25; South FL Water Management District Certificate of Completion SFAEP Wetland Delineation Michael Adler; Airboat Operator Certification Ellen Ashford; USA Marine Training Thomas Prevratil Airboat Operator; FEMA IS-00100.c IS-00200.c IS-00700.b; State of FL FBPE Georgio Tachiev Lic PE67520 exp 2/28/25; Rummel Klepper & Kahl, LLP Lic 26879; Miriam Flo Kronisch Lic 84617 exp 2/28/25; State of FL dbpr Professional Geologists Michael Waldron Lic PG1948 exp 7/31/24; FL dbpr John Andrew Mayhut lic PG2969 exp 7/31/24; State of FL FBPE Derish Bardales Lic PE64661 exp 2/28/25; Professional Surveyor and Mapper Debris Harnan Bardales License # LS6778 exp 2/28/25; Professional Surveyor and Mapper Business License BDH COnsulting Group, LLC #LB8012 exp 2/28/25; South Florida Water Management District SBE vendor # 119503 exp 3/15/25; Palm Beach Cty S/MBE Vendor # VS00000000760 exp 2/5/24 Resumes Included Included Included Included Included Included References - SCOPE G - Green Infrastructure, Sustainability, and Resiliency Services Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Included - Invalid Reference - Used Same References from Scope C Sub-Consultants Yes (1) Dennis J. Leavy & Associates, Inc. Yes (4)- Infra Map Corp, Zeman Consulting Group, Brizaga Inc, Cummins Cederberg Yes (3) - Cummings Cederberg, Curtis + Rogers, and Garth Solutions Inc. Yes (2)- Industrial Divers Corp, Inc. and Terraquatic, Inc. None None Organization Chart Included Included Included Included Included Included W-9 Included Included Included Included Included Included Project Workload Schedule Included Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/9/2024 1/17/2024 1/18/2024 1/18/2024 1/17/2024 1/24/2024 Comments: Other Related Services: Infrastructure Improvements & Evaluations and Transportation Services Vice President Kyle Henry Executed proposal but cannot locate VP in Sunbiz Other Related Services: Structural Engineering Services Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope G) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 56 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Colliers Engineering & Design, Inc.Federal Engineering & Testing, Inc.GFA International, Inc. dba Universal Engineering Sciences RADISE International, LC Tierra South Florida, Inc. 5471 W. Waters Avenue 3370 NE 5th Avenue 1215 Wallace Drive 4152 W Blue Heron Blvd.2765 Vista Parkway Suite 100 Suite 1114 Suite 10 Tampa, FL 33634 Oakland Park, FL 33334 Delray Beach, FL 33444 Riviera Beach, FL 33404 West Palm Beach, FL 33411 Contact: Michelle Eguia Contact: Sven Jetzkewitz Contact: Valerie Murphy Contact: Fouad Masri ; Leonard Ali Contact: Raj Krishnasamy ; Bonni Funt Contact No.: 813-582-4652 Contact No.: 954-784-2941 x 99 Contact No.: 407-544-9294 x 1023 Contact No.: 561-841-0103 x 916 ; 561-271-6715 Contact No.: 561-687-8536 X106 Email: FLProcurement@collierseng.com Email: sven@fed-eng.com Email: vmurphy@universalengineering.com Email: Fmasri@radise.net ; Lali@radise.net ; skumar@radise.net Email: Raj@Tsfgeo.com; bfunt@tsfgeo.com Scope Qualifications: SCOPE H: Geotechnical Services Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Principle Business Location: 101 Crawfords Corner Rd Ste 3400 Holmdel, NJ 07733 3370 NE 5th Avenue, Oakland Park, FL 33334 3921 Westgate Ave, West Palm Beach, FL 33409 4152 W. Blue Heron Blvd., Suite 1114, Riviera Beach, FL 33404 2765 Vista Parkway, Suite 10, West Palm Beach, FL 33411 Proposer Qualification Statement Pg. 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A Yes- WBENC Certification to Federal Engineering and Testing Inc. Cer# WBE2103226 Exp 12/10/2023 N/A N/A Yes - Asian Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Received Yes - Included Yes - Included Received Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/23/24 Yes - Included - Notarized - Verified 1/23/24 Conflict of Interest None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits Florida dbpr Business Registery Colliers Engineering & Design Inc Lic# 30301, Surveyor Business License Lic# LB7388 Exp. 02/28/25, Continuing Education Provider Lic# CE101 Exp. 05/30/23, Professional Engineer Pavel Drachev Lic# PE95334 Exp. 02/28/25, Professional Engineer Gregory Scott Stevens Lic# PE71511, and Professional Surveyor and Mapper License Michael G Ehrhart Lic# LS6941 Exp. 02/28/25 Florida dbpr Professional Engineer Keith John LeBlanc Lic# PE59394 Exp. 02/28/25, City of Oakland Business Tax Receipt Lic# CONS-002115-2021 Exp. 09/30/24, WBENC Certification to Federal Engineering and Testing Inc. Cer# WBE2103226 Exp 12/10/2023, Woman Owned Small Business WBENC Cer# WOSB212097 exp. 12/10/24, and PBC Business Tax Receipt LBTR # 200900062 Exp. 09/30/2024 Florida dbpr Registered Business GFA Internations, Inc dba Universal Engineering Sciences Lic# 4930, Florida dbpr Professional Engineer Thomas Dominic Montano Lic# 84146 exp. 02/28/25, Professional Engineer Carlos A Mercado Lic# PE71707 Exp. 02/28/25, Professional Engineer Alberto Javier Mercado Lic# PE95703 Exp. 02/28/25, and Professional Engineer Estela Geanninna Leon Aguilar Lic# PE83307 Exp. 02/28/25, and CMEC Accredited Lab Certifications Florida dbpr Lic 8901; State of FL FBPE Kumar Achyut Allady Lic PE52845 exp 2/28/25; State of FL FBPE Sastry Purnanjaneya Putcha Lic PE39762 exp 2/28/25; State of FL FBPE Panneers Shanmugam Lic PE57006 exp 2/28/25; State of FL Akash Bisson Lic PE74582 exp 2/28/25; State of FL FBPE Hieu Huu Huynh Lic PE60728 exp 2/28/25; State of FL Aadithya Prem Kumar Kurramboyina Lic PE88714 exp 2/28/25; State of FL FBPE Lic PE83209 exp 2/28/25; State of FL FBPE David Silverstein Lic PE38830 exp 2/28/05; State of FL FBPE James Cahpman Lic PE37245 exp 2/28/25; State of FL FBPE Jill Skaggs Lic PE55319 exp 2/28/25; State of FL FBPE Ralph Hayden Lic PE20844 exp State of FL Board of Professional Engineers Certificate # 28073; State of FL FBPE Raj Krishnasasmy Lic PE53567 exp 2/28/24; State of FL FBPE Ramakumar Vedula Lic PE54873 exp 2/28/25; State of FL Richard Dickinson Lic PE37557 exp 2/28/25; State of FL FBPE Harmon Coy Bennett Lic PE53130 exp 2/28/25; State of FL FBPE Amy Guisinger Lic PE63989 exp 2/28/25; FDOT prequalification package; CMEC WPB Accredited exp 6/3/24; CMEC Miami Accredited exp 4/24/24; USACE Certificate exp 12/14/24; FDOT DBE Certification; Palm Beach County Equal Business Opportunity Resumes Included Included Included Included Included References - SCOPE H - Geotechnical Services Yes (3) - Included Yes (2) - Included Listed COBB as a reference Yes (3) - Included Yes (3) - Included Yes (3) - Included Sub-Consultants Yes (2) - H2R Corp and 2GHO Inc.None None None None Organization Chart Included Included Included Included Included W-9 Included Included Included Included Included Project Workload Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/18/2024 1/18/2024 1/18/2024 1/23/2024 1/23/2024 Comments: Other Related Services: Recreation and Park Services Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope H) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 57 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Caulfield & Wheeler, Inc.Craven Thompson & Associates, Inc.Engenuity Group, Inc.HBC Engineering Company Keith and Associates, Inc Miller Legg Reina Engineering LLC Thompson & Associates, Inc. Civil Engineering 7900 Glades Road 3563 NW 53rd Street 1280 N. Congress Avenue 123 NW 13th Street 301 E. Atlantic Boulevard Miller, Legg & Associates, Inc.550 SE 6th Avenue 500 S. Australian Avenue Suite 100 Suite 101 13680 NW 5th Street Suite 200-F Suite 623 Boca Raton, FL 33434 Fort Lauderdale, FL 33309 West Palm Beach, FL 33409 Boca Raton, FL 33432 Pompano Beach, FL 33060 Sunrise, FL 33325 Delray Beach, FL 33483 West Palm Beach, FL 33401 Contact: John Wheeler ; Andrew Beck Contact: Douglas Taylor Contact: Bradley Jackson Contact: Gabriel Pons Contact: Kristen Lawlor Contact: Cara Pasquale Contact: Francisco Reina Contact: James Thompson ; Lauren Johnson Contact No.: 561-392-1991 x 104 Contact No.: 954-739-6400 Coontact No.: 561-655-1151 Contact No.: 786-543-1009 Contact No.: 954-788-3400 Contact No.: 954-436-7000 Contact No.: 561-571-2210 Contact No.: 954-761-1073 Email: john@cwiassoc.com ; andrew@cwiassoc.com Email: dtaylor@craventhompson.com Email: bjackson@engenuitygroup.com Email: gpons@hbcengineeringco.com Email: klawlor@keithteam.com Email: cpasquale@millerlegg.com Email: freina@reinaengineering.com Email: james@thompson-inc.com ; Ljohnson@thompson-inc.com Scope Qualifications: SCOPE J: Civil Land Development Services Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - Included Yes- Included Yes- Included Yes- Included Yes - Included Yes - Included Yes - Included Principle Business Location 7900 Glades Road, Suite 100, Boca Raton, FL 33434 4723 W. Atlantic Avenue Suite A12, Delray Beach, FL 33445 1280 N Congress Ave Ste 101 West Palm Beach, FL 33409 (Headquarters) 8935 NW 35th Ln Ste 201 Doral, FL 33172 301 E. Atlantic Boulevard Pompano Beach, FL 33060 13680 NW 5th Street, Suite 200, Sunrise, FL 33325 550 SE 6th Avenue, Suite 200-F3, Delray Beach, FL 33483 412 SE 18th Street, Fort Lauderdale, FL Proposer Qualification Statement Form Page 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes- Included Yes - Included Yes - Included - Notarized - See Question #27 (Claims & Arbitrations)Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Firm's Qualifications Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes- Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business Yes - N/A Yes- N/A Yes-Florida Minority Business Certification Exp. 12/17/23 Yes- State of Florida Minority Business Enterprise HBC Engineering Company Vendor# 20097725 Exp. 01/19/24 N/A N/A N/A N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes- Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes Yes Yes Yes Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized - Verified 1/11/24 Yes- Included - Notarized Yes- Included - Notarized Yes - Included - Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/19/24 Yes - Included - Notarized Yes - Included - Notarized - Verified 1/24/24 Conflict of Interest None None None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits State of FL FBPE John Wheeler Lic PE25478 exp 2/28/25; State of FL FBPE Ryan Wheeler Lic PE71477 exp 2/28/25; State of FL FBPE Matthew Kahn Lic PE82227 exp 2/28/25; State of FL FBPE Robert Templeton Lic PE71564 exp 2/28/25; State of FL FBPE Williams Roberts Lic PE96781 exp 2/28/25; Rayn Wheeler Green Building Certification Institute LEED; Caulfield & Wheeler, Inc. Professional Surveyor and Mapper Business License LB3591 exp 2/25/25; David Lindley Professional Surveyor and Mapper License LS5005 exp 2/28/25; Department of Transportation Remote Pilot Certificate # 4213193 Florida dbpr Professional Engineer Patrick J Gibney Lic# PE49428 Exp. 02/28/25, Professional Engineer Gary Anthony Tenn Lic# PE42099 Exp. 02/28/25, Professional Engineer Chad Everett Edwards Lic# PE59306 02/28/25, Professional Engineer Leonard Z Gamble Lic# PE65921 Exp. 02/28/25.Broward County Business Tax Receipt Exp. 09/30/24, City of Ft. Lauderdale Business Tax Business Id: BL- 1301193. PBC Local Tax Receipt (2) LBTR # 2021140465 exp. 09/30/24 and #2021140466 exp. 09/30/24. City of Delray Beach Local Business Tax Receipt No. #24 00061458. PBC LBTR 200819393 Engineer Business Exp. 09/30/24, PBC LBTR 200819396 Land Surveyor & Mapper Business Exp. 09/30/24, Florida dbpr Business Registered Lic.# 7095, Florida dbpr Professional Engineer Adam C. Swaney Lic# PE72235 Exp. 02/28/25, Green Building Certification Institute LEED Accredited Professional Adam Swaney Issue Dt 02/27/09, Professional Engineer Keith Byron Jackson Lic# PE37289 Exp. 02/28/25, Professional Engineer Lisa Anne Tropepe Lic# PE45408 Exp. 02/28/25, Professional Engineer Edith T.L. Bamber Lic# PE69957 Exp. 02/28/25, Florida Dept of Agriculture and Consumer Services: Professional Surveyor and Mapper Business License Engenuity Group Inc. Lic# LB6603 Exp. 02/28/25, Florida Dept of Agriculture and Consumer Services: Professional Surveyor and Mapper Business License Christopher Andre Rayman Lic. #LS4938 Exp. 02/28/25, Florida Dept of Agriculture and Consumer Services: Professional Surveyor and Mapper Business License Jennifer State of Florida dbpr Professional Engineer Adebayo T. Coker Lic# PE55322 Exp. 02/28/25, Professional Engineer Hernan A. Lugo Lic# PE74961 Exp. 02/28/25, Florida Engineer Gregory Andrei Prytyka Lic# PE36868 Exp. 02/28/25, Professional Engineer Edgardo Diaz Lic# PE50728 Exp. 02/28/25, Professional Engineer Edgardo N. Martinez Lic#PE70471 Exp. 02/28/25, Professional Engineer Miguel A Villegas Lic.# PE68768 Exp. 02/28/25, Professional Engineer Sonny Daniel Abia Lic#PE48190 Exp. 02/28/25, Professional Engineer Teodoro J. Tefel Lic.# PE50106 Exp. 02/28/25, Professional Engineer Orlando Ranyer Penate Lic# PE80385 Exp. 02/28/25, Professional Engineer Maikel Fiallo Nunez Lic.# PE94434 Exp. 02/28/25, Professional Engineer Jorge Rodriguez Lic#. PE86104 Exp. 02/28/25, Professional Engineer Jose A. Diaz Lic# PE81014 Exp. 02/28/25, Professional Engineer Gonzalo Eduardo Barrera Lic# PE94260 Exp. 02/28/25, Professional Engineer Rodolfo Andres Ceceres Florida dbpr Registered Business Keith and Associates Inc Lic# 7928, Florida dbpr Professional Engineer Alexander Scott Lazowick Lic# PE78625 Exp. 02/28/25, Professional Engineer Thomas S. Green Lic# PE67558 02/28/25, Professional Engineer Stephen Donald WIlliams Lic# PE32090 Exp. 02/28/25, Professional Engineer Jorge Valle Pellot Lic# PE77039 Exp. 02/28/25, Professional Engineer Jame Jelani Brad Wills Lic# PE85632 Exp. 02/28/25, Professional Engineer Jonah Fulton Weaver Lic# PE81297 Exp. 02/28/25, Professional Engineer Jonathan Patrick Weymouth LIC# PE52802 Exp. 02/28/25, Landscaping Architect Paul Harvey Weinberg Lic# LA6666804 Exp. 11/30/25, Landscaping Architect Kelli Beth Schueler Lic# LA6667565 Exp. 11/30/25, and Lanscaping Architect Michael J Phillips Lic# LA0001540 Exp. 11/30/25. PBC Local Business Tax Receipt Keith and Associates Inc Landscape Architect Business LBTR# 2018108675 Exp. 09/30/24, Keith and Associates Inc Landscape Architect LBTR# 2018108676 Exp. 09/30/24, Keith Florida dbpr Miller Legg Lic 7318; State of FL Landscape Architecture Michael Kroll Lic LA0001336 exp 11/30/25; Certification -American Society of Landscape Architects; State of FL FBPE Joaquin Mojica Lic PE60488 exp 2/28/25; State of FL FBPE William Schipske Lic PE35618 exp 2/28/25; State of FL FBPE Peter Pellerito Lic PE50063 exp 2/28/25; State of FL FBPE Javier Lopex Gonzalez Lic PE93203 exp 2/28/25;Anthony Hudson - Qulaified Stormwater Management Inspector; Professional Surveyor and Mapper Lic LS5857 exp 2/28/25; Certified Survey Technician Larisa Podolskaya & Sandro Elvir; State of FL dbpr Landscape Architecture Brian Shore Lic LA6666770 exp 11/30/25; Certificate of Completion FDPOT Brain Shore exp 9/10/25; FAU certificate Crime Prevention through Environmental Design; State of FL dbpr Landscape Architecture Lic LA6667184 exp 11/30/25; International Society of Arboriculture Castro Miguel Juncal; Certification of Completion FDOT Michael Bradley; State of FL dbpr Michael Bradley Lic LA6667655 exp 11/30/25; International State of FL FBPE Francisco Reina Lic PE95150 exp 2/28/25; Palm Beach County S/MBE Vendor # VS0000027653 exp 4/23/26; South FL Water Management Dist Certified SBE Vendor # 1000000847; Small Business City of West Palm Beach exp 9/12/26 Vendor # 1072262;Fl dbpr Reina Engineering LLC Lic 36570 Palm Beach County Equal Business Opportunity SBE exp 3/6/25; S/M/WBE # VC0000120638; State of Florida FBPE James Thompson Lic PE54731 exp 2/28/25; State of Florida FBPE Noel Rodriguez Lic PE86390 exp 2/28/25; State of Florida FBPE George Krawczyk Lic PE66646 exp 2/28/25; Sub- Consultant: Palm Beach County Local Business Tax Receipt LBTR 200701768 exp 9/30/24; Palm Beach County Business Tax Receipt LBTR 200701767 exp 9/30/24; Plam Beach County Equal Business Opportunity SBE S/M/WBE # SMIT0174 exp 2/13/25; State of Florida FBPE Larry Smith Lic PE45997 exp 2/28/25; Sub-consultant: Broward County Local Business Tax Receipt Receipt 327- 288297, 327-12364 Resumes Included Included Included Included Included Included Included Included References - SCOPE J - Civil Land Development Services Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (3) - Included Yes (2) - Included Yes (3) - Included Yes (3) - Included Sub-Consultants None Yes (4) - Absolute Civil Engineering Solutions, Quantum Electrical Engineering, Dickey Consutling Services, and Ritzel-Mason None Yes (6)- EV Services Inc., GPI Geospatial Inc., Olin Hydrographic Solutions Inc, RES Florida Consulting, LLC dba E Sciences, Geosol Inc, Wingerter Laboratories Inc Yes (7)- RMPK Funding Inc, SGM Engineering Inc, CPZ Architects Inc, The Merchant Strategy Inc, The Valerin Group Inc, Universal Engineering Sciences, and WIRX Engineering LLC Yes (2) - Synalovski Romanik & Saye (SRS) Architecture; SGM Engineering None Yes (2) Garth Solutions, Inc; Smith Engineering, Inc. (SEC) Organization Chart Included Included Included Included Included Included Included Included W-9 Included Yes- Included Yes- Included Included Included Included Included Included Project Workload Included Included Included Included Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/11/2024 1/16/2024 1/16/2024 1/19/2024 1/23/2024 1/24/2024 Comments: Other Related Services: Infrastructure Improvements and Evaluations Other Related Services: Infrastructure Improvements and Evaluations Other Related Services: Infrastructure Improvements and Evaluations and Recreation & Parks Services Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope J) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 58 RFQ DUE DATE: December 19, 2023 RFQ DUE TIME: 2:30 PM Calvin, Giordano & Associates, Inc.Caulfield & Wheeler, Inc.Colliers Engineering & Design, Inc.Kanthan Design Corporation Keith and Associates, Inc.Kimley-Horn and Associates, Inc.Miller Legg Wade Trim, Inc. 580 Village Blvd.7900 Glades Road 5471 W. Waters Avenue 631 Potter Road 301 E. Atlantic Boulevard 1920 Wekiva Way 13680 NW 5th Street 201 N. Franklin St. Suite 325 Suite 100 Suite 100 Suite 200 Suite 1350 West Palm Beach, FL 33409 Boca Raton, FL 33434 Tampa, FL 33634 Boynton Beach, FL 33435 Pompano Beach, FL 33060 West Palm Beach, FL 33411 Sunrise, FL 33325 Tampa, FL 33602 Contact: Chris Giordano ; David Stambaugh ; Jessica Koehler Contact: John Wheeler ; Andrew Beck Contact: Michelle Eguia Contact: Supradheep Kanthan Contact: Kristen Lawlor Contact: Erin Athas Contact: Cara Pasquale Contact: Carolina Pachano Contact No.: 954-921-7781 Contact No.: 561-392-1991 x 104 Contact No.: 813-582-4652 Contact No.: 561-900-4815 Contact No.: 954-788-3400 Contact No.: 321-754-0910 Contact No.: 954-436-7000 Contact No.: 813-678-2635 Email: cgiordano@cgasolutions.com ; procurement@cgasolutions.com Email: john@cwiassoc.com ; andrew@cwiassoc.com Email: FLProcurement@collierseng.com Email: abhi@kanthandesign.com Email: klawlor@keithteam.com Email: florida.marketing@kimley-horn.com Email: cpasquale@millerlegg.com Email: cpachano@wadetrim.com Scope Qualifications: SCOPE K: Recreation and Parks Services Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Letter of Interest Yes - Included Yes - included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Principle Business Location 580 Village Blvd., Suite 325, West Palm Beach, FL 33409 7900 Glades Road, Suite 100, Boca Raton, FL 33434 101 Crawfords Corner Rd Ste 3400 Holmdel, NJ 07733 631 Potter Road Boynton Beach, FL 33435 301 E. Atlantic Boulevard Pompano Beach, FL 33060 421 Fayetteville Street Ste 600 Raleigh, NC 27601 13680 NW 5th Street, Suite 200, Sunrise, FL 33325 201 N. Franklin St. Suite 1350 Tampa, FL 33602 Proposer Qualification Statement Page 36-40 Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations) Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Yes - Included - See Question #27 (Claims & Arbitrations) Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included - See Question #27 (Claims & Arbitrations)Yes - Included Firm's Qualifications Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included Confirmation of Minority Owned Business N/A N/A N/A Yes- Minority Business Certification Exp 10/17/25 N/A N/A N/A N/A Anti-Kickback Affidavit Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Yes - Notarized Non-Collusion Affidavit of Proposer Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Included - Notarized Addenda Acknowledgement: No. 1, No. 2, No. 3, & No. 4 Acknowledged Acknowledged Acknowledged Ackhnowledged Acknowledged Acknowledged Acknowledged Acknowledged Certification Pursuant to Florida Statute § 287.135 Yes - Included Yes - Included Received Yes - Included Yes - Included Yes - Included Yes - Included Yes - Included E-Verify Form Pursuant to Florida Statute § 448.095 Yes - Included - Notarized - Verified 1/11/24 Yes - Included - Notarized - Verified 1/11/24 Yes- Included-Notarized Yes - Included- Notarized Yes - Included - Notarized Yes - Included - Notarized - Verified 1/19/24 Yes - Included - Notarized - Verified 2/2/24 (under Parent company Wade Trim Group, Conflict of Interest None None None None None None None None Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Florida Professional License, including evidence of possession of required licenses and business permits State of FL FBPE David Stambaugh Lic PE70757 exp 2/28/25; State of FL FBPE Jenna Martinetti Lic PE69035 exp 2/28/25; State of FL Nicholas Kanelidis Lic PE78536 exp 2/28/25; State of FL FBPE James Messick Lic PE70870 exp 2/28/25; State of FL FBPE Jorge Cervantes Lic PE45832 exp 2/28/25; State of FL FBPE Sebastian Soria Lic PE97125 exp 2/28/25; State of FL FBPE James Hart Lic PE65420 exp 2/28/25; State of FL FBPE Erik Padron Lic PE59446 exp 2/28/25; Salman Rathore FL dbpr Lic 75281 exp 2/28/25; State of FL dbpr Landscape Architecture Gianno Feoli Lic LA6667663 exp 11/30/25; State of FL dbpr Landscape Architecture Michael Conner Lic LA0001181 exp 11/30/23; International Society of Arboriculture Michael Conner exp 6-30-25 certificate FL-0774 ; State of FL dbpr Landscape Architecture Dominic Mack Lic LA6667598 exp 11/30/25; AICP Member Silva Elena Vargas; U.S. Green Building Council Silvia Vargas LEED Certified; City of West Palm Beach Business Tax Receipt ID 89262, 89265, 89718 ; FDOT Pre-Qualification exp 6/30/24 ; Qualified Stormwater Management Inspector Jenna Martinetti PE ; Qualified Stormwater Management Inspector James Messick State of FL FBPE John Wheeler Lic PE25478 exp 2/28/25; State of FL FBPE Ryan Wheeler Lic PE71477 exp 2/28/25; State of FL FBPE Matthew Kahn Lic PE82227 exp 2/28/25; State of FL FBPE Robert Templeton Lic PE71564 exp 2/28/25; State of FL FBPE Williams Roberts Lic PE96781 exp 2/28/25; Rayn Wheeler Green Building Certification Institute LEED; Caulfield & Wheeler, Inc. Professional Surveyor and Mapper Business License LB3591 exp 2/25/25; David Lindley Professional Surveyor and Mapper License LS5005 exp 2/28/25; Department of Transportation Remote Pilot Certificate # 4213193 Florida dbpr Business Registery Colliers Engineering & Design Inc Lic# 30301, Surveyor Business License Lic# LB7388 Exp. 02/28/25, Continuing Education Provider Lic# CE101 Exp. 05/30/23, Professional Architect Sean O'Rourke Lic# AR99311 Exp. 02/28/25, Professional Engineer Michael J OKrepky Lic# PE89347 Exp. 02/28/25, Professional Engineer Luis A Costa Lic# PE40930, Professional Engineer John F Arrieta Lic# PE61370 Exp 02/28/25 Florida dbpr Architect Supradheep L Kanthan Lic# AP98097 Exp. 02/28/25. Florida dbpr Registered Business Keith and Associates Inc Lic# 7928, Florida dbpr Professional Engineer Alexander Scott Lazowick Lic# PE78625 Exp. 02/28/25, Professional Engineer Thomas S. Green Lic# PE67558 02/28/25, Professional Engineer Stephen Donald WIlliams Lic# PE32090 Exp. 02/28/25, Professional Engineer Jorge Valle Pellot Lic# PE77039 Exp. 02/28/25, Professional Engineer Jame Jelani Brad Wills Lic# PE85632 Exp. 02/28/25, Professional Engineer Jonah Fulton Weaver Lic# PE81297 Exp. 02/28/25, Professional Engineer Jonathan Patrick Weymouth LIC# PE52802 Exp. 02/28/25, Landscaping Architect Paul Harvey Weinberg Lic# LA6666804 Exp. 11/30/25, Landscaping Architect Kelli Beth Schueler Lic# LA6667565 Exp. 11/30/25, and Lanscaping Architect Michael J Phillips Lic# LA0001540 Exp. 11/30/25. PBC Local Business Tax Receipt Keith and Associates Inc Landscape Architect Business LBTR# 2018108675 Exp. 09/30/24, Keith and Associates Inc Landscape Architect LBTR# 2018108676 Exp. Florida dbpr Professional Engineer Marwan Mufleh Lic# 45329 Exp. 2/28/25, Professional Landscape Architect Jonathan Haigh Lic# LA6666795 Exp. 11/30/25, Professional Landscape Architect Kristen Alexa Lic# LA6667555 Exp. 11/30/25, Professional Engineer Josh Horning Lic#. 67505 Exp. 02/28/25, Professional Landscape Architect Nicholas Kuhn Lic# LA6667065 Exp. 11/30/25, Professional Engineer Matt Fursetzer Lic# 63997 Exp. 02/28/25 Florida dbpr Miller Legg Lic 7318; State of FL Landscape Architecture Michael Kroll Lic LA0001336 exp 11/30/25; Certification -American Society of Landscape Architects; State of FL FBPE Joaquin Mojica Lic PE60488 exp 2/28/25; State of FL FBPE William Schipske Lic PE35618 exp 2/28/25; State of FL FBPE Peter Pellerito Lic PE50063 exp 2/28/25; State of FL FBPE Javier Lopex Gonzalez Lic PE93203 exp 2/28/25; Anthony Hudson - Qualified Stormwater Management Inspector; Professional Surveyor and Mapper Lic LS5857 exp 2/28/25; Certified Survey Technician Larisa Podolskaya & Sandro Elvir; State of FL dbpr Landscape Architecture Brian Shore Lic LA6666770 exp 11/30/25; Certificate of Completion FDPOT Brain Shore exp 9/10/25; FAU certificate Crime Prevention through Environmental Design; State of FL dbpr Landscape Architecture Lic LA6667184 exp 11/30/25; International Society of Arboriculture Castro Miguel Juncal; Certification of Completion FDOT Michael Bradley; State of FL dbpr Michael Bradley Lic LA6667655 exp 11/30/25; International Society of Arboriculture William Ripley Mohler; Qualified Stormwater Management Inspector William R. Mohler III; State of FL FBPE Peter Pellerito Lic PE50063 exp 2/28/25; Qualified Stormwater Management Inspector Anthony Hudson;Professional Surveyor and Mapper Martin P Rossi Lic LS5857 exp 2/28/25; State of FL dbpr Manuel Synalovski Lic AR0011628 exp 2/28/25; State of FL dbpr Architure & Inspection Manuel Synalovski Lic AR0011628 exp 2/28/25; State of FL dbpr Architecture & Registered Business Entity Wade Trim Inc. Lic. 3952 ; Did not provide Professional Licenses/Certifications Resumes Included Included Included Included Included Included Included Included References - SCOPE K - Recreation and Parks Services Yes (3) - Included Included (3)Yes (3)- Included Yes (3) - Included Yes (3) - Included Yes (3)- Included Yes (3) - Included Yes (2) - Included Sub-Consultants (1) ACAI Architects None Yes (2)- H2R Corp and 2GHO Inc.None Yes (7)- RMPK Funding Inc, SGM Engineering Inc, CPZ Architects Inc, The Merchant Strategy Inc, The Valerin Group Inc, Universal Engineering Sciences, and WIRX Engineering LLC Yes (4)- Tierra South Florida Inc, Bailey Engineering Consultants Inc, Brown & Philips Inc, and Walters Zackria Architects Yes (2) - Synalovski Romanik & Saye (SRS) Architecture; SGM Engineering Yes (5)- WJA; Universal Engineering Sciences; Johnson, Levinson, Ragan Davila, Inc. (JLRD); Prevost Stamper Incorporated (PSI); and The Valerin Group Organization Chart Included Included Included Included Included Included Included Included W-9 Included Included Included Yes - Included Included Included Included Included Project Workload Schedule:Included Included Included Included- No description Included Included Included Included Scope Submission Acknowledgement Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Sunbiz Verified Date 1/11/2024 1/11/2024 1/18/2024 1/16/2024 1/16/2024 1/17/2024 1/19/2024 1/24/2024 Comments:*Submitted Exceptions to the Draft Contract Other Related Services: Geotechnical Services Other Related Services: Infrastructure Improvements & Evaluations and Civil Land Development Services Other Related Services: Infrastructure Improvements & Evaluations and Transportation Services *VP Marwan Mufleh is not listed in Sunbiz Other related Services: Infrastructure Improvements & Evaluation and Water Plant Modifications, Capacity, & Operational Evaluations NON-RESPONSIVE Electronic Opened By: Bids & Tenders on 12/19/2023 @ 2:30 PM Compliance Tabulation By: Taralyn Pratt 1/3/2024 CW24-001 - General Engineering Consulting Services - Overview of Scope Qualifications (Scope K) *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. 59 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-151- Ratifying the South Central Regional Wastewater Treatment and Disposal Board 2025 Budget. Requested Action: Staff recommends approval of Proposed Resolution No. R24-151. Explanation of Request: The South Central Regional Wastewater Treatment and Disposal Board ratified its budget at its Quarterly Board Meeting on April 22, 2024. As a joint venture, the City is required to ratify the Budget. Below is a brief summary of changes: 1. Wastewater rate increase to $1.21/1,000 gallons 2. Reclaimed Water rate increase to $0.21/1,000 gallons 3. R&R rate increase to $0.07/1,000 gallons 4. Capital Projects – shared revenue contribution of $750,000 from each (Delray/Boynton). Fiscal Impact: Already Budgeted for in Utilities Budget How will this affect city programs or services? Allows the City to provide waste water treatment and disposal for sewer collected from City's service area and provide reclaimed water. Fiscal Impact: The South Central Regional Wastewater Treatment Accounts impacted: 401-2817-536-34-80 Shared Wastewater Treatment 401-2817-536-34-81 Reuse Charges 401-2817-536-49-70 Regional Plant This has already been included in the Utilities budget. Attachments: R24-151_Agenda_Item_1748-2023_Resolution_for_South_Central_Regional (1).docx Exhibit A to Resolution - FY2025 Boynton Beach Ratification.pdf Exhibit B to Resolution - Authorized Budget FY2025.pdf 60 RESOLUTION NO. R24-1511 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING RATIFICATION OF SOUTHCENTRAL 4 REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF 5 APRIL 22, 2024; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 6 PURPOSES. 7 8 WHEREAS,the South Central Regional Wastewater Treatment and Disposal Board on April 9 22, 2024, approved authorization to establish a Wastewater User Rate at 1.21/1,000 Gal (O&M 10 Rate Of $1.14/1,000 Gal and R&R Reserves Rate of $0.07/1,000 Gal) to Delray Beach and Boynton 11 Beach for Fiscal Year 2024/2025; and fund debt service based on ownership; and12 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 13 22, 2024, approvedauthorization to establish a Reclaim User Rate at $0.21/1,000 Gal to consumers 14 Delray Beach, Boynton Beach, and South Central Regional for Fiscal Year 2024/2025; and15 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 16 22, 2024, approved authorization for the Capital Improvement Plan; and17 WHEREAS,the South Central Regional Wastewater Treatment and Disposal Board on April 18 22, 2024, accepted the 2024/2025 Wastewater and Reclaim O&M budgets; and19 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board20 requires ratification by the City of Boynton Beach; and21 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 22 the best interests of the citizens and residents of the City to approve the Ratification of the South 23 Central Regional Wastewater Treatment and Disposal Board Action of April 22, 2024.24 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 Ratification of South Central Regional Wastewater Treatment and Disposal Board 31 Action of April 22, 2024, in form and substance similar to that attached as “Exhibit A” approving 32 61 the authorized annual budget for Fiscal Year 2024-2025, as further detailed in “Exhibit B.”33 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the City Manager to execute the Ratification of South Central Regional Wastewater 35 Treatment and Disposal Board Action of April 22, 2024, and such other related documents as may 36 be necessary to accomplish the purpose of this Resolution.37 SECTION 4.One fully-executed original of the Ratification shall be retained by the City 38 Clerk as a public record of the City. A copy of the fully executed Ratification shall be provided to 39 Poonam Kalkat to forward to the South Central Regional Wastewater Treatment and Disposal 40 Board.41 SECTION 5.This Resolution shall take effect in accordance with law.42 PASSED AND ADOPTED this 16th day of July 2024.43 CITY OF BOYNTON BEACH, FLORIDA44 YES NO45 Mayor – Ty Penserga __________46 47 Vice Mayor – Aimee Kelley __________48 49 Commissioner – Angela Cruz __________50 51 Commissioner – Woodrow L. Hay __________52 53 Commissioner – Thomas Turkin __________54 55 VOTE ______56 ATTEST:57 58 ___________________________________________________________59 Maylee De Jesús, MPA, MMC Ty Penserga60 City Clerk Mayor61 62 APPROVED AS TO FORM:63 (Corporate Seal)64 65 _______________________________66 Shawna G. Lamb67 City Attorney68 62 Page 1 of 2 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 22, 2024 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 22, 2024, by a vote of 5-0, did give AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE AT 1.21/1,000 GAL (O&M RATE OF $1.14/1,000 GAL AND R&R RESERVES RATE OF $0.07/1,000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 2024/2025; AND FUND DEBT SERVICE BASED ON OWNERSHIP. WHEREAS the South Central Regional Wastewater Treatment and Disposal Board on April 22, 2024, by a vote of 5-0, did give AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.21/1,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 2024/2025. WHEREAS the South Central Regional Wastewater Treatment and Disposal Board on April 22, 2024, by a vote of 5-0, did give AUTHORIZATION FOR THE CAPITAL IMPROVEMENT PLAN. WHEREAS the South Central Regional Wastewater Treatment and Disposal Board on April 22, 2024, by a vote of 5-0, ACCEPTED THE 2024/2025 WASTEWATER AND RECLAIM O&M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ____ day of ______________, 2024, by a _______ vote. 63 Page 2 of 2 CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney 64 South Central Regional Wastewater Treatment and Disposal Board Authorized Annual Budget Fiscal Year 2024/2025 65 RECLAIMED REPAIR & CAPITALDESCRIPTIONWASTEWATER WATER REPLACEMENT PROJECTS ALL FUNDSShared Revenues: Boynton Beach$600,000$0$0 $750,000 $1,350,000 Delray Beach$600,000$0$0 $750,000 $1,350,000Commodity/Service Charges$7,300,000 $520,768 $478,490$0 $8,299,258Land Lease$95,000$0$0$0$95,000Interest Income$200$0$71,510$0$71,710TOTAL SOURCES$8,595,200 $520,768 $550,000 $1,500,000 $11,165,968Transfers In$0 $838,500$0$0 $838,500Fund Balance/Reserves/Net Assets$980,878$0$0$0 $980,878TOTAL REVENUES, TRANSFERS & BALANCES$9,576,078 $1,359,268 $550,000 $1,500,000 $12,985,346EXPENDITURESPersonnel$2,270,897 $435,032$0$0 $2,705,930Operating Costs$5,240,964 $924,236$0$0 $6,165,200Capital Improvement/Repairs & Replacement$0$0 $550,000 $1,500,000 $2,050,000Debt Service$1,225,716$0$0$0 $1,225,716$8,737,578 $1,359,268 $550,000 $1,500,000 $12,146,846Transfers Out$838,500$0$0$0 $838,500TOTAL APPROPRIATED EXPENDITURESTRANSFERS, RESERVES & BALANCES$9,576,078 $1,359,268$1,500,000 $12,985,346Authorized Budget - Summary$550,000South Central Regional Wastewater Fiscal Year 2024/2025TOTAL EXPENDITURESFUNDSTreatment & Disposal Board n/a$1.43 Authorized Service Rate per 1,000 gal $1.14 $0.21 $0.07 Page 1 of 566 FY2023 FY2024 FY2025 Actual Ratified Authorized dollar % Revenues Shared Revenues $1,200,000 $1,200,000 $1,200,000 $0 0% Service Charges $6,631,593 $7,058,420 $7,300,000 $241,580 3% Interest Earnings $332 $0 $200 $200 0% Lease - Cell Tower $92,195 $89,000 $95,000 $6,000 7% Miscellaneous Revenue $250,507 $0 $0 $0 0% Total Revenues $8,174,627 $8,347,420 $8,595,200 $247,780 3% Expenditures (by department) Administration $995,941 $1,190,782 $1,227,500 $36,718 3% Laboratory $234,782 $247,543 $267,323 $19,781 8% Maintenance $598,801 $951,832 $964,381 $12,549 1% Operations $4,206,914 $4,451,767 $5,052,657 $600,891 13% Debt Service $1,226,175 $1,223,860 $1,225,716 $1,857 0% Operating Transfer - Reclaimed $780,046 $838,500 $838,500 $0 0% Total Expenditures $8,042,660 $8,904,284 $9,576,078 $671,794 8% Excess Revenues/(Expenditures)$131,967 ($556,864) ($980,878) Other Funding Sources or Uses *Unassigned Fund Balance ($131,967) $556,864 $980,878 Excess Revenues/(Expenditures)$0 $0 $0 variance South Central Regional Wastewater Authorized Wastewater Budget Summary Fiscal Year 2025 Treatment & Disposal Board Page 2 of 5 67 FY2023 FY2024 FY2025 Actual Ratified Authorized dollar % Revenues Service Charges $403,196 $376,805 $520,768 $143,963 38% Operating Transfer - Wastewater $780,046 $838,500 $838,500 $0 0% Total Revenues $1,183,243 $1,215,305 $1,359,268 $143,963 12% Expenditures (by department) Administration $81,277 $102,152 $92,181 ($9,972) -10% Laboratory $57,384 $51,034 $52,163 $1,129 2% Maintenance $116,627 $180,371 $180,797 $426 0% Operations $739,863 $881,748 $1,034,128 $152,380 17% Total Expenditures $995,151 $1,215,305 $1,359,268 $143,963 12% Excess Revenues/(Expenditures)$188,092 ($0) $0 variance South Central Regional Wastewater Authorized Reclaimed Water Fund Budget Summary Fiscal Year 2025 Treatment & Disposal Board Page 3 of 5 68 Actual Ratified Authorized FY2023 FY2024 FY2025 Revenues Service Charges - Boynton $176,256 $227,940 $272,739 20% $44,799 Service Charges - Delray $133,632 $165,060 $205,751 25% $40,691 Interest Earnings $19,973 $7,000 $71,510 922% $64,510 Total Revenues $329,860 $400,000 $550,000 38% $150,000 Expenditures Improvements Building & Grounds $67,761 $50,000 $50,000 0%$0 Reclaim Equipment $124,619 $150,000 $150,000 0%$0 Wastewater Equipment $343,784 $200,000 $350,000 75% $150,000 Operating Transfer to Capital Projects $1,000,000 $0 $0 0%$0 Total Expenditures $1,536,164 $400,000 $550,000 38% $150,000 Excess Revenues/(Expenditures)($1,206,304)$0 $0 Other Funding Sources or Uses Unassigned Fund Balance $1,206,304 $0 $0 Excess Revenues/(Expenditures)$0 $0 $0 *Unassigned Fund Balance as of 09/30/23 = $2,144,537 variance Authorized Repairs & Replacement Fund Treatment & Disposal Board South Central Regional Wastewater Fiscal Year 2025 Page 4 of 5 69 FY2023 Ratified Authorized Actual FY2024 FY2025 Revenues Shared Revenues $1,729,482 $2,917,705 $1,500,000 Interest Earnings $579 $900 $0 Operating Transfer In - R&R Fund $1,000,000 $0 $0 Total Revenues $2,730,061 $2,918,605 $1,500,000 Expenditures Deep Injection Well #2 $2,505,150 $2,313,573 $0 Deep Injection Well #2 - Pipeline $0 $1,500,000 $0 Gravity Belt Thickener $589 $1,000,000 $1,500,000 Generator Load Bank $0 $120,000 $0 Process Air Improvements $112,500 $0 $0 Biological Aeration Automation $32,632 $0 $0 Centrifuge #4 $300,000 $0 $0 FPL Non-Dedicated Line $50,000 $0 $0 Total Expenditures $3,000,872 $4,933,573 $1,500,000 Excess Revenues/(Expenditures)($270,810) ($2,014,968)$0 Other Funding Sources $270,810 $2,014,968 $0 Excess Revenues/(Expenditures) $0 $0 $0 South Central Regional Wastewater Treatment & Disposal Board Authorized Capital Project Plan Fiscal Year 2025 Page 5 of 5 70 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-152- Approve and authorize the City Manager to sign a developer agreement between the City of Boynton Beach and 4298 Hypoluxo Rd, LLC, a Florida limited liability company (Developer), for the construction of a 4" force main on Hypoluxo Rd. Requested Action: Staff recommends approval of Proposed Resolution No. R24-152. Explanation of Request: The City of Boynton Beach Utilities was responsible for the design, permitting, and construction of approximately 45 linear feet of 4-inch force main improvements on Hypoluxo Road to collect wastewater flow from a proposed 6,000 square foot daycare (109 children) located at 7038 Hypoluxo Rd . The construction of the 4-inch force main was completed during the City’s "Silverwood Force Main" project on Hypoluxo Road. The developer has already reimbursed the City for the total cost of the 4-inch force main improvements in the amount of $18,966.34, per the attached check No. 1012. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact to the City. Attachments: R24-152 Agenda_Item_1698- 2023_Resolution_for_4298_Hypoluxo_Rd_Developer_Agmt__REV_.docx Exhibit A to Resolution - Developer's Agmt.pdf 71 RESOLUTION NO. R24-1521 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A DEVELOPER’S AGREEMENT BETWEEN THE 4 CITY AND 4298 HYPOLUXO RD., LLC FOR THE CONSTRUCTION OF A 4-INCH5 FORCE MAIN ON HYPOLUXO ROAD; PROVIDING AN EFFECTIVE DATE; AND 6 FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the City of Boynton Beach Utilities was responsible for the design, permitting, 9 and construction of approximately 45 linear feet of 4-inch force main improvements on Hypoluxo 10 Road to collect wastewater flow from a proposed 6,000 square foot daycare located at 7038 11 Hypoluxo Road. The construction of the 4-inch force main was completed during the City’s 12 "Silverwood Force Main" project on Hypoluxo Road; and13 WHEREAS,4298 Hypoluxo Rd., LLC (“Developer”) is the owner of certain real property 14 containing +/-0.8927 acres in Lake Worth, Florida; and15 WHEREAS,the Developer proposes to develop the Subject Property as a commercial 16 development known as 4298 Hypoluxo Rd., LLC (the "Project") as depicted on that certain site 17 plan prepared by Kimley-Horn. The Project consists of 6,000 square feet for a daycare that can 18 accommodate 109 children; 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 a Developer’s Agreement 21 between the City and 4298 Hypoluxo Rd., LLC for the construction of a 4-inch force main on 22 Hypoluxo Road. 23 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve a Developer’s Agreement between 4298 Hypoluxo Rd., LLC and the City for the 30 construction of a 4-inch force main on Hypoluxo Road (the “Agreement”) in form and substance 31 similar to that attached as “Exhibit A.” 32 72 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Agreement and such other related documents as may be 34 necessary to accomplish the purpose of this Resolution.35 SECTION 4.One fully-executed original of the Agreement shall be retained by the City 36 Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to 37 Keith Webber for forwarding to the Developer.38 SECTION 5.This Resolution shall take effect in accordance with law.39 40 PASSED AND ADOPTED this 16th day of July 2024.41 CITY OF BOYNTON BEACH, FLORIDA42 YES NO43 Mayor – Ty Penserga __________44 45 Vice Mayor – Aimee Kelley __________46 47 Commissioner – Angela Cruz __________48 49 Commissioner – Woodrow L. Hay __________50 51 Commissioner – Thomas Turkin __________52 53 VOTE ______54 ATTEST:55 56 ___________________________________________________________57 Maylee De Jesús, MPA, MMC Ty Penserga58 City Clerk Mayor59 60 APPROVED AS TO FORM:61 (Corporate Seal)62 63 _______________________________64 Shawna G. Lamb65 City Attorney66 73 1 Return to and prepared by: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 DEVELOPER'S AGREEMENT 4298 Hypoluxo Rd, LLC 7038 Hypoluxo Rd. Lake Worth, FL 33462 PCN: 00-42-45-12-02-004-0010 THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of ________ __, 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City") whose address is 100 E. Ocean Avenue, Florida 33435 and 4298 Hypoluxo Rd, LLC, a Florida limited liability company ("Developer") whose address is 7196 Montereal Path, Lake Worth, FL 33463 RECITALS: A. Developer is the owner of that certain real property containing +/- 0.8927 acre in Lake Worth, Florida, more particularly shown on Exhibit A (the "Subject Property"). B. Developer proposes to develop the Subject Property as a commercial development known as 4298 Hypoluxo Rd, LLC (the "Project") as depicted on that certain site plan prepared by Kimley-Horn, and shown on Exhibit B. The Project consists of 6,000 square feet for a daycare that can accommodate 109 children. C. The City and Developer desire to set forth the following special terms and conditions with respect to the development of the Project and reimbursement for certain improvements as provided for herein. NOW, THEREFORE, for and in consideration of the above premises, the promises and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and the City agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein as material provisions of this Agreement. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 74 2 3. Obligations and Commitments. (a) Construction of Force Main Improvements. The City was responsible for the design, permitting and construction of approximately 45 L.F. of 4-inch force main improvements on Hypoluxo Rd, as shown on Exhibit “B”. The Developer shall reimburse the City for the total cost of the Force Main Improvements construction in the amount of $18,966.34, as shown in further detail in Exhibit “C” (b) Reimbursement. On or before sixty (60) days after the Effective Date of this Agreement, the Developer shall make payment to the City in the amount of $18,966.34 for the construction of the Force Main Improvements. If payment is not timely made, Developer shall pay interest at the rate established pursuant to section 55.03, Florida Statutes, from the payment due date through the date of actual payment by Developer. 4. Time Period. This Agreement shall terminate on the date on which full reimbursement payment has been indefeasibly paid in full by Developer. Any provision of this Agreement that imposes a maintenance obligation for Developer and its successors after expiration of this Agreement shall survive the expiration of this Agreement. 5. Binding Effect and Successors. This Agreement shall run with the Subject Property and the rights and the obligations under this Agreement shall benefit, burden, and bind the successors, heirs and assigns of all parties to this Agreement. In the event of the assignment of this Agreement, or the conveyance or transfer of the Subject Property, or any part thereof, the Developer shall be and remain liable for performance of the obligations under this Agreement until such time as a written release is obtained from the City, in the City's sole discretion; provided, however, in the event all obligations under this Agreement have been completed, no such release shall be required. Excluding the City and any homeowner who is conveyed a lot within the Project after a certificate of occupancy is issued for a dwelling unit on such lot, Developer and all transferees, transferor, grantees, grantors, assignees and assignors relating to the Subject Property are jointly and severally liable for the Developer's obligations under this Agreement. The rights granted to Developer under this Agreement relate specifically to the Subject Property and are not permitted to be transferred to any other property. 6. Validity. If any portion of this Agreement is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the Agreement shall continue in full force and effect. 7. Notices. Any notices required or permitted under this Agreement, and copies thereof, shall be addressed to the City and the Developer at the addresses first appearing above, or at such other addresses designated in writing by the party to receive notice. Notices shall be either: (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case they shall be deemed delivered on the date of delivery; or (ii) sent by certified mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or intentionally delayed by the addressee, in which event they shall be deemed delivered on the date of deposit in the U.S. Mail. 75 3 8. Attorney's Fees. In any lawsuit between the parties to this Agreement arising from this Agreement, each party shall bear their own respective attorneys' fees and costs. 9. Entire Agreement. This Agreement embodies the entire understanding of the parties with respect to the matters specifically enumerated herein, and all negotiations, representations, warranties and agreements made between the parties are merged herein. The making, execution and delivery of this Agreement by all parties have been induced by no representations, statements, warranties or agreements that are not expressed herein. There are no further or other agreements or understandings, written or oral, in effect between or among the parties related to the subject matter hereof. 10. Interpretation. None of the parties shall be considered the drafter of all or any portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 11. Local Development Approvals and Permits. Notwithstanding anything herein to the contrary, all development of the Project shall be in compliance with all applicable federal, state, county and municipal laws and ordinances, rules and regulations (including, but not limited to, the City's land development regulations, zoning requirements and comprehensive plan). Unless expressly authorized or granted herein, nothing in this Agreement shall constitute or be deemed to constitute or require the City to issue any approval by the City of any rezoning, Comprehensive Plan amendment, variance, special exception, final site plan, preliminary subdivision plan, final subdivision plan, building permit, grading, stormwater drainage, engineering, or any other land use or development approval. Nor shall this Agreement be deemed to reduce, eliminate, derogate from or otherwise adversely affect any such approvals, permissions or rights. These and any other required City development approvals and permits shall be processed and issued by the City in accordance with procedures with respect to same as otherwise set forth in the City's Code of Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall constitute or be deemed to constitute a limitation, restriction or any other type of waiver of Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special exception, site plan, preliminary subdivision plan, final subdivision plan, or any other land use or development approval. 12. Authority. Each party represents and warrants to the other parties that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement, that all acts, approvals, procedures, and similar matters required in order to authorize this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the execution of this Agreement by all parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest and assigns. 13. Effective Date. This Agreement shall become effective upon execution by all parties (the "Effective Date"). 14. Amendment. This Agreement may be amended, modified or cancelled by mutual consent of the parties hereto as represented by a written document executed by the City and the Developer. 76 4 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County, Florida. 16. Recording. Within fourteen (14) days after the execution of this Agreement by the parties, the City shall record this Agreement with the cost thereof to be borne by the Developer. Upon payment in full in accordance with Section 3(b) above, the City shall cause a release or satisfaction of the monetary obligation to be recorded. 17. Non-Waiver of Sovereign Immunity. Nothing contained in this Agreement nor in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the State of Florida. 18. Informed Execution. This Agreement is entered into voluntarily by the Developer without duress and after full review, evaluation and consideration by the Developer. Developer is represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for review of this Agreement. 19. Time is of the Essence. Time is hereby declared to be of the essence in the performance of the duties and obligations of the respective parties to this Agreement. 20. Captions. The captions or paragraph headings of this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation, or meaning of this Agreement. 21. Independent Parties. City and Developer are not partners and this Agreement is not a joint venture and nothing in this Agreement shall be construed to authorize the Developer to represent or bind the City to matters not expressly authorized or provided in this Agreement. [SIGNATURE PAGES FOLLOW] 77 5 ATTEST: By: Name: Title: CITY: CITY OF BOYNTON BEACH By: Name: Title: APPROVED AS TO FORM AND LEGALITY For the uses and reliance of the City of Boynton Beach, Florida only By: Name: Title: Dated: 78 79 7 EXHIBIT A Subject Property – Site Aerial Plan 80 81 8 EXHIBIT B 4-inch Force Main Plan 82 83 10 EXHIBIT C Final Construction Cost of Force Main Improvements 84 85 86 87 88 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-153- Approve the annual expenditure increase from $45,000 to $85,000, for Information Consultants, Inc. to provide City-wide annual Laserfiche maintenance and support services. Requested Action: Staff recommends approval of Proposed Resolution No. R24-153. Explanation of Request: The Innovation & Technology department is requesting an adjustment to the original contract amount, approved by the City Commission, on March 5, 2024, the City's ongoing service agreement with Information Consultants, Inc. for Annual Laserfiche Maintenance and Support Services. Per our initial agreement (Solicitation Number: 010-1510-21/RW), this service's estimated annual expenditure was $45,000. However, upon reviewing the evolving needs of the City's departments, it has become apparent that the anticipated cost for this year ’s renewal exceeds the initially budgeted amount. After consideration and evaluation, ITS proposes increasing the contract to an estimated cost not to exceed $85,000 to cover maintenance, support services, and future licensing required for the City’s operations. How will this affect city programs or services? The increase in contract amount will be used for additional maintenance and support for future licensing requests throughout the one-year contract. Fiscal Impact: Funds have been budgeted for multiple accounts from various departments. Attachments: R24-153 Agenda_Item_1711- 2023_Resolution_for_Information_Consultants_annual_expenditure_increase__REV_.docx Renewal_Interest_Letter-Laserfiche_Support_Maint_Inform_Consultants_24-25_Signed.pdf Agenda_Item_1249- 23_Ex_A.__100K_under_REQUEST_FOR_BID_EXTENSIONS_March_5_2024_Report__1_.pdf Agenda-Item-R24-040.pdf EST 4252 - City of Boynton Beach.pdf Info-Con - LF-Renewal.pdf Info-Con-R21-004.pdf 89 R21-004.pdf 90 RESOLUTION NO. R24-1531 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE INCREASE OF THE ANNUAL 4 EXPENDITURE FROM $45,000 TO $85,000 FOR AGREEMENT NO. 010-1510-5 21/RW BETWEEN INFORMATION CONSULTANTS, INC., AND THE CITY FOR 6 SOLUTION PROVIDER SERVICES AND SOFTWARE MAINTENANCE AND 7 SUPPORT OF LASERFICHE; PROVIDING AN EFFECTIVE DATE; AND FOR ALL 8 OTHER PURPOSES. 9 10 WHEREAS,on January 5, 2021, the City Commission approved Resolution No. R21-004, 11 approving an Agreement No. 010-1510-21/RW between Information Consultants, Inc., and the 12 City for the solution provider services and software maintenance and support of Laserfiche; and 13 WHEREAS, the City Commission approved Resolution No. R24-040 approving the renewal 14 of the Agreement through January 4, 2025 and approving the annual estimated expenditure 15 amount of $45,000; and 16 WHEREAS, the City desires to increase the annual expenditure from $45,000 to $85,000; 17 and 18 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 19 the best interests of the citizens and residents of the City to approve the increase of the annual 20 expenditure for Agreement No. 010-1510-21/RW between Information Consultants, Inc., and the 21 City for solution provider services and software maintenance and support of Laserfiche, from 22 $45,000 to $85,000.23 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve the increase of the annual expenditure for Agreement No. 010-1510-21/RW between 30 Information Consultants, Inc., and the City for solution provider services and software 31 maintenance and support of Laserfiche, from $45,000 to $85,000.32 SECTION 3.This Resolution shall take effect in accordance with law.33 91 34 PASSED AND ADOPTED this 16th day of July 2024.35 CITY OF BOYNTON BEACH, FLORIDA36 YES NO37 Mayor – Ty Penserga __________38 39 Vice Mayor – Aimee Kelley __________40 41 Commissioner – Angela Cruz __________42 43 Commissioner – Woodrow L. Hay __________44 45 Commissioner – Thomas Turkin __________46 47 VOTE ______48 ATTEST:49 50 ___________________________________________________________51 Maylee De Jesús, MPA, MMC Ty Penserga52 City Clerk Mayor53 54 APPROVED AS TO FORM:55 (Corporate Seal)56 57 _______________________________58 Shawna G. Lamb59 City Attorney60 92 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 Information Consultants, Inc Attn: Pierre Smith, President 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmith@icons-inc.com;corp@icons-inc.com QUOTE.: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW CURRENT BID TERM: JANUARY 5, 2024 – JANUARY 4, 2025 Dear Mr. Smith: The current bid term for “LASERFICHE ANNUAL MAINTENANCE AND SUPPORT” expires on January 4, 2024. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6308. Sincerely, Taralyn Pratt Taralyn Pratt Assistant Purchasing Manager DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 931045 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 QUOTE: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC. AGREEMENT RENEWAL TERM: JANUARY 5, 2024 – JANUARY 4, 2025 _____ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the bid for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ INFORMATION CONSULTANTS, INC. ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 954-989-37041/31/2024 psmith@icons-inc.com Pierre Smith President 941046 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 March 5, 2024 REQUESTING DEPARTMENT: ITS DEPARTMENT CONTACT: Fred Harris TERM: January 5, 2024 to January 4, 2025 SOURCE FOR PURCHASE: City of Boynton Beach Service Agreement No. 010-1510-21/RW (Laserfiche Support) ACCOUNT NUMBER: Various City Departments VENDOR(S): INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATE: $45,000 DESCRIPTION: On January 5, 2021, Commission approved the Vendor Service Agreement for the Solution Provider Services and Software Maintenance and Support of Laserfiche, the City’s Enterprise Content Management System with Information Consultants, Inc. of Miami, Florida. The Agreement allows for an initial (1) year period with four (4) one-year renewal periods. The vendor has agreed to renew the Agreement for the 3rd one-year renewal term with the same prices, terms, and conditions. 95 96 97 QUOTE Page 1 of 1 If you have any questions, please reach us at: email: accounting@icons-inc.com phone 954-989-3704 ACTIVITY QTY RATE AMOUNT *****Coverage Period7/31/2024 -7/31/2025 ***** EPARB: Participant Users Basic LSAP 260 49.80 12,948.00 EPAR: Laserfiche Participant Users 10 249.00 2,490.00 ENFPL: Laserfiche Rio Pilot Named Full Users.1 900.00 900.00 ENFPLB: Laserfiche Rio Named Full Users Basic LSAP.105 194.00 20,370.00 CLENF2: Laserfiche Professional Cloud for CRA Department 5 830.00 4,150.00 ENF20: Laserfiche Rio Named Full User Forms Add-on Basic LSAP 105 19.40 2,037.00 ENFPLB: Prorated licenses purchased 01/2024 (7 months)1 124.48 124.48 ENFPLB: Prorated licenses purchased 03/2024 (4 months)1 71.13 71.13 PLUS2B: Laserfiche Plus for Publishing Basic LSAP 3 2,000.00 6,000.00 IAB: Laserfiche Import Agent Basic LSAP 1 300.00 300.00 PPM25B: Laserfiche Pilot Public Portal license Basic LSAP.1 9,000.00 9,000.00 TKB: Laserfiche SDK Basic LSAP 1 750.00 750.00 EPFRM: Laserfiche Forms Portal Basic LSAP 1 1,599.00 1,599.00 LFVSIB: Laserfiche Forms Virus Scanning Integration Add-on LSAP 1 200.00 200.00 CLENF2: Laserfiche Cloud Professional Users for IT Department 5 830.00 4,150.00 Thank you for the opportunity of providing this quote to your organization.SUBTOTAL TAX 65,089.61 0.00 Accepted By _________________________________________ Accepted Date _______________________________________ TOTAL $65,089.61 Information Consultants, Inc. 15800 Pines Blvd, Suite 300 Pembroke Pines, FL 33027 INVOICE TO City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 ESTIMATE NO. DATE EXPIRATION DATE SOW NO. 4252 06/11/2024 07/11/2024 LSAP 2024-2025 98 99 100 101 102 1 RESOLUTION R21-004 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A VENDOR SERVICES AGREEMENT FOR 6 THE SOLUTION PROVIDER SERVICES AND SOFTWARE 7 MAINTENANCE/SUPPORT OF LASERFICHE, THE CITY'S 8 ENTERPRISE CONTENT MANAGEMENT SYSTEM, WITH 9 INFORMATION CONSULTANTS, INC. OF MIAMI, FLORIDA 10 FOR AN INITIAL (1) YEAR PERIOD WITH FOUR(4) ONE-YEAR 11 RENEWAL PERIODS; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Laserfiche is the enterprise content management system for City data 14 which includes all electronic records and document management, business process 15 automation,paperless forms along with Laserfiche Weblink through which we provide the 16 citizens a portal to do record searches on our public records which include, but are not 17 limited to, City Commission agendas and minutes, budget, and permit documents; and 18 WHEREAS, due to the successful implementation of over 30 paperless electronic 19 forms and accompanying business processes, for both internal and public use, we are 20 seeking to further leverage the Laserfiche platform to expand internal use of these tools as 21 part of our digital government initiatives; and 22 WHEREAS,maintenance of these products is essential in order to receive optimal 23 performance from departments'application software and without the support of our Solution 24 Provider,the City would rely solely on the availability of our in-house staff to troubleshoot 25 all issues due to the absence of technical support from Laserfiche which is channeled 26 through the Solution Provider. 27 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 29 Section 1. The foregoing "Whereas"clauses are hereby ratified and confirmed as S:\CA\RESO\Agreements\Vendor Services Agreement(Laserfiche)-Reso.Docx 103 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does 33 hereby approve and authorize the City Manager to sign a Vendor Services Agreement for the 34 solution provider services and software maintenance/support of Laserfiche, the City's 35 enterprise content management system, with Information Consultants, Inc. of Miami, Florida 36 for an initial(1)year period with four(4)one-year renewal periods,a copy ofthe Vendor Services 37 Agreement is attached hereto as Exhibit"A". 38 Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 5th day of January, 2021 40 CITY OF BOYNTON BEACH,FLORIDA 41 YES NO 42 43 Mayor—Steven B. Grant 44 45 Vice-Mayor—Ty Penserga 46 47 Commissioner—Justin Katz 48 49 Commissioner—Woodrow L. Hay 50 51 Commissioner—Christina L. Romelus 52 53 VOTE 5 -0 54 ATTEST: 55 56 57 OLAIVI / 41113k.111. 5 Crystal Gibs. ,MMC5eCityClerk 60 62 (Corporate Seal) 63 0br t}', 64 f i rt, S:\CA RESOWgreements\Vendor Services Agreement ereh j-Reso.Docx 104 occ\. AGREEMENT NO. 010-1510-21/RW BETWEEN INFORMATION CONSULTANTS, INC. & CITY OF BOYNTON BEACH VENDOR SERVICES AGREEMENT TO TRADE-IN READ-ONLY AND FORMS AUTHENTICATED PARTICIPANT LICENSES, AND FORMS PORTAL THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Information Consultants, Inc., hereinafter referred to as "VENDOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to trade-in the read- only and forms Authenticated Participant licenses, as well as the Laserfiche Portal SCOPE OF SERVICES. Vendor agrees to perform the services as outlined in Quote no. 45372, dated December 4th, 2020 and attached here as "EXHIBIT A". 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of one (1) years beginning January 05, 2021 with four (4) one-year renewal periods subject to Vendor's acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly and in accordance with the Exhibit "A" Quote No. 45372. The amount of $53,700 for the initial term of one (1) year and with an option to renew for four 4) additional one-year terms for an annual estimate amount of $41,890.60 for a total amount of $221,262.40 over the total potential five (5) year term of the agreement, shall be the total estimated amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement, subject to change due to procurement of additional licenses in accordance with the Exhibit "A" Quote No. 45372. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals c-1 105 necessary to complete the work. e. The Vendor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. N/A The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of 1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and Vendor liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. c-1 106 For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty 30) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: Information Consultants, Inc. 15800 Pines Blvd, Suite #434 Pembroke Pines, FL 33027 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt frc c-1 107 public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent tc award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida' 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 excee 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, followir 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 recor in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upc request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shal have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contra and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. c-1 108 21. 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. DATED this 16th day of December 2020 . CITY OF BOYNTON BEACH INFORMATION CONSULTANTS, INC. a' Pierre Smith City Manager Vendor Attest/Authenticated: CEO Title 1)44it24, y Corporate Seal) Ci, Clerk irii.oma Approved as to Form: so , ' Attest/Authenticated: O ( M/PO 1,( 7,-\„ el/4 ffic of the City Attorney Witness c-1 109 EXHIBIT "A" INFORMATION CONSULTANTS , INC . QUOTE Revised - SOW # 45372 December 4th , 2020 for Public Portal Unlimited and Participants Users Licenses 110 information k..1111 CONSULTANTS Digitize,Organise,Automate&Train r NIT Laserfiche DocuSign r Gx Y OA, CA ° p a r V J- ' P tiie roN la Statement of Work Public Portal Unlimited and Participants Users Licenses Prepared for City of Boynton Beach Revised - SOW # 45372 December 4th, 2020 Laseri incormation CONSULTANTS 111 Statement of Work Purpose The purpose of this project is to replace the Public Portal license with 25 concurrent connections with a Public Portal License with unlimited connections. Also, the 220 Laserfiche Read only licenses and the 30 Forms Participants will be changed for Participants Users Licenses to allow the users to have read only access to the repository and be able to participate in Forms processes. Benefits The City of Boynton Beach will benefit from staff teamwork and collaboration on projects now that all staff members are assigned a Laserfiche license. The public users for the Laserfiche Public portal will be able to connect unlimited and not with a 25 connection limit Scope of Work 1. Replace the new licenses to Boynton Beach existing Laserfiche system. 2. Test the access of the Public portal and an user of the new participant license SOW Summary and Price Trade in Licenses for the City of Boynton Beach Line# Qty. Description Price Per Unit Extended Rio Public Portal for one Laserfiche Server(includes unlimited concurrent retrieval connections through R1 1 Laserfiche WebLink for one server) 45,000.00 $45,000.00 Laserfiche Rio Participant Users(Read-only repository access R2 250 and the ability to participate in forms processes) 249.00 $62,250.00 R3 5 Laserfiche Certification Courses 1,050.00 $5,250.00 R4 8 On-site Forms training for 6 users 295.00 $2,360.00 Professional Hours annually to be used in future R5 40 developments or training. 225.00 $9,000.00 Rb 1 ICONS'VIP Discount for lines R3 to R5 16,610.00 C Trade-in value for Laserfiche Pilot Public Portal, 220 R7 1 Read-Only Licenses and 30 Forms Participant Licenses 75,000.00 R8 1 LSAP Support and Upgrades 21,450.00 Total Laserfiche Software 53,700.00 SCAN IT FORWARD' m information Laserfiche Going paperless with a purpose! CONSULTANTS 12/4/2020 Statement of Work#45372 PAaw 112 System Configuration After Trade-In with the Yearly LSAP Line# Qty. Description LSAP R1 74 Rio Name Full Users 14,356.00 R2 74 Rio Forms Professional License'Add on 1,435.60 R3 1 Rio Forms Portal 1,599.00 Laserfiche Rio Participant Users(Read-only repository access and the ability to R4 250 participate in forms processes)12,450.00 Rio Public Portal for one Laserfiche Server(includes unlimited concurrent R5 1 retrieval connections through Laserfiche WebLink for one server) 9,000.00 R6 1 Laserfiche Import Agent 300.00 R7 1 Laserfiche SDK. 750.00 R8 1 Laserfiche Plus for Publishing 2,000.00 Yearly LSAP Support and Upgrades 41,890.60 SCAN IT FORWARD' 1 i(„( Laserfiche Going paperless with a purpose! CONSULTANTS 12/4/2020 Statement of Work#45372 Paan 113 Information Consultants, Inc., as Contractor,shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records required by the public agency in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if Contractor does not transfer the records to the public agency:and d. Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of this contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e. If Contractor has questions regarding the application of Chapter 119, Florida Statutes,to Contractor's duty to provide public records relating to this Agreement,Contractor shall contact the Custodian of Public Records at: CITY CLERK) 100 EAST OCEAN AVE. BOYNTON BEACH, FLORIDA,33435. 561-742-6061. CITYCLERK@BBFL.US f. In the event the public agency must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the public agency because Contractorfailed to provide access to public records responsive to a public record request, the public agency shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees, costs of suit, witness, fees, and expert witness fees extended as part of said litigation and any subsequent appeals. SCAN IT FORWARD" Ini-ormation Laserf ficheGoingpaperlesswithapurpose! CONSULTANTS 12/4/2020 Statement of Work#45372 Pana 114 Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. SCAN IT FORWARD' information Laserf ficheGoingpaperlesswithapurpose! n' CONSULTANTS 12/4/2020 Statement of Work#45372 Pana 115 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-154- Approve and a uthorize the City Manager to sign the 2023 Florida Statewide Mutual Aid Agreement. Requested Action: Staff recommends approval of Proposed Resolution No. R24-154. Explanation of Request: The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to provide these services. Such disasters are likely to exceed the capability of any one local government to cope with the emergency with existing resources. Such disasters may also require specialized technical resources that the local government may be unable to meet with existing assets. This reciprocal agreement allows local responders to provide and request resources around the State of Florida. The City has been a member of the Florida Statewide Mutual Aid Agreement since 2001. How will this affect city programs or services? The Emergency Management Act, Chapter 252, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Such agreements ensure the timely reimbursement of costs incurred by the local governments that render such assistance. Fiscal Impact: The execution of this agreement will allow the City of Boynton Beach to be reimbursed for any assets requested during a disaster. Attachments: R24-154 Agenda_Item_1757-2023_Resolution_for_FDEM_Statewide_Mutual_Aid_Agmt.docx Exhibit A to Resolution - SMAA 2023_Final Version.pdf Division of Emergency Management - Statewide Mutual Aid Agreement.pdf 116 RESOLUTION NO. R24-1541 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE STATEWIDE MUTUAL AID AGREEMENT 4 2023 WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT; 5 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS,the State of Florida Emergency Management Act, Chapter 252, authorizes the 8 State and its political subdivisions to provide emergency aid and assistance in the event of a 9 disaster or emergency; and10 WHEREAS,the statutes also authorize the State to coordinate the provision of any 11 equipment, services, or facilities owned or organized by the State or it’s political subdivisions for 12 use in the affected area upon the request of the duly constituted authority of the area; and 13 WHEREAS,this Resolution authorizes the request, provision, and receipt of 14 interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 15 252, among political subdivisions within the State; 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 the Statewide Mutual Aid 18 Agreement 2023 with the Florida Division of Emergency Management.19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT:22 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption.24 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve a Statewide Mutual Aid Agreement 2023, between Florida Division of Emergency 26 Management and the City for emergency aid and assistance in the event of a disaster or 27 emergency (the “Agreement”), in form and 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 Mayor to execute the Agreement and such other related documents as may be 30 necessary to accomplish the purpose of this Resolution.31 32 117 SECTION 4.All original Agreements shall be forwarded to Kori Grant to obtain 33 execution of the Agreement by Florida Division of Emergency Management. Kori Grant shall be 34 responsible to ensure that one fully-executed Agreement is returned to the City, to be provided 35 to the Office of the City Attorney for forwarding to the City Clerk for retention as a public record.36 SECTION 5.This Resolution shall take effect in accordance with law.37 38 PASSED AND ADOPTED this 16th day of July 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 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 (Corporate Seal)60 61 _______________________________62 Shawna G. Lamb63 City Attorney64 118 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 STATEWIDE MUTUAL AID AGREEMENT - 2023 This Agreement is an acknowledgment of receipt by the Florida Division of Emergency Management (“the Division”) and the local government (“Participating Party”) signing this Agreement. Execution of this agreement replaces all previous iterations and is active until a new agreement is drafted and requested by The Division. This Agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such emergencies and disasters often exceed the emergency response and recovery capabilities of any one county or local government. C. Such incidents may also give rise to unusual and unanticipated physical and technical needs which a local government cannot meet with existing resources, but that other local governments within the State of Florida may be able to provide. D. The Emergency Management Act, c hapter 252, Florida Statutes, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case of emergencies too extensive to be dealt with unassisted, and through such agreements ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to chapter 252.32, Florida Statutes, the Division renders mutual aid among the political subdivisions of the state to carry out emergency management functions and responsibilities. F. Pursuant to c hapter 252, Florida Statutes, the Division has the authority to coordinate and direct emergency management assistance between local governments and concentrate available resources where needed. Based on the existence of the foregoing conditions, the Parties agree to the following articles: ARTICLE I: DEFINITIONS As used in this Agreement, the following expressions shall have the following meanings: A. The “Agreement” is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement (“SMAA”). 119 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 B. The “Division” is the Florida Division of Emergency Management. C. A “Requesting Party” to this Agreement is a Participating Party who requests assistance under this agreement. D. An “Assisting Party” to this Agreement is a Participating Party who provides assistance to a Requesting Party under this agreement. E. The “Period of Assistance” is the time during which an Assisting Party renders assistance to a Requesting Party under this agreement and includes the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return to their place of origin. F. A “Mission” is a documented emergency response activity performed during a Period of Assistance, usually in reference to one operational function or activity. G. A “local government” is any educational district, special district, or any entity that is a “local governmental entity” within the meaning of section 11.45(1)(g), Florida Statutes. H. An “educational district” is any school district within the meaning of section 1001.30, Florida Statutes, and any Florida College System Institution or State University within the meaning of section 1000.21, Florida Statutes. I. A “special district” is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. J. A “tribal council” is the respective governing bodies of the Seminole Tribe of Florida and Miccosukee Tribe of Indians recognized as special improvement district by section 285.18(1), Florida Statutes. K. An “interlocal agreement” is any agreement between local governments within the meaning of section 163.01(3)(a), Florida Statutes. L. A “Resource Support Agreement” as used in this Agreement refers to a supplemental agreement of support between a Requesting Party and an Assisting Party. M. “Proof of work” as used in this Agreement refers to original and authentic documentation of a single individual or group of individuals’ emergency response activity at a tactical level. 120 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 N. "Proof of payment” as used in this Agreement refers to original and authentic documentation of an emergency response expenditure made by an Assisting Party. O. A “Reimbursement Package” as used in this Agreement refers to a full account of mission response documentation supported by proof of work and proof of payment. P. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, Chapter 252, Florida Statutes. ARTICLE II: APPLICABILITY OF THE AGREEMENT Any Participating Party, including the Division, may request assistance under this Agreement for a “major disaster” or “catastrophic disaster” as defined in section 252.34, Florida Statutes, minor disasters, and other such emergencies as lawfully determined by a Participating Party. ARTICLE III: INVOCATION OF THE AGREEMENT In the event of an emergency or anticipated emergency, a Participating Party may request assistance under this Agreement from any other Participating Party or the Division if, in the judgement of the Requesting Party, its own resources are inadequate to meet the needs of the emergency or disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the Requesting Party. All requests for assistance under this Agreement shall be transmitted by the Requesting Party to another Participating Party or the Division. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. B. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate and coordinate the activities of the Assisting Parties to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State’s Comprehensive Emergency Management Plan. ARTICLE IV: RESPONSIBILITIES OF REQUESTING PARTIES To the extent practicable, all Requesting Parties shall provide the following information to their respective county emergency management agency, the Division, and the intended Assisting Party or Parties. In providing such information, Requesting Parties should utilize Section I of the 121 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Resource Support Agreement (RSA) Form, available via the Division approved documents SharePoint site 1. A. A description of the Mission to be performed by the Assisting Party; B. A description of the resources and capabilities needed to complete the Mission successfully; C. The location, date, and time personnel and resources from the Assisting Party should arrive at the incident site, staging area, facility, or other location designated by the Requesting Party; D. A description of the health, safety, and working conditions expected for deploying personnel; E. Lodging and meal availability; F. Any logistical requirements; G. A description of any location or facility outside the territorial jurisdiction of the Requesting Party needed to stage incoming resources and personnel; H. The location date, and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and I. A technical description of any communications equipment needed to ensure effective information sharing between the Requesting Party, any Assisting Parties, and all relevant responding entities. ARTICLE V: RESPONSIBILITIES OF ASSISTING PARTIES Each Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources, and capabilities can render assistance. If upon receiving a request for assistance under this Agreement a Party determines that it has the capacity to render some or all of such assistance, it shall provide the following information without delay to the Requesting Party, the Division, and the Assisting Party’s County emergency management agency. In providing such information, the Assisting Party should utilize the Section II of the Resource Support Agreement (RSA) Form, available via the Division approved documents SharePoint site. 1 FDEM approved documents such as activity logs and mutual aid forms can be found at: https://portal.floridadisaster.org/projects/FROC/FROC_Documents/Forms/AllItems.aspx?View=%7B6F3CF7BD%2DC0A4%2D4BE2%2DB809%2DC8009D7D068 6%7D 122 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 A. A description of the personnel, equipment, supplies, services and capabilities it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services to the location(s) specified by the Requesting Party; D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties; E. The names and contact information of all personnel whom the Assisting Party has designated as team leaders or supervisors; and F. An estimated cost for the provision of assistance. ARTICLE VI: RENDITION OF ASSISTANCE The Requesting Party shall afford the emergency response personnel of all Assisting Parties, while operating within the jurisdictional boundaries of the Requesting Party, the same powers, duties, rights, and privileges, except that of arrest unless specifically authorized by the Requesting Party, as are afforded the equivalent emergency response personnel of the Requesting Party. Emergency response personnel of the Assisting Party will remain under the command and control of the Assisting Party, but during the Period of Assistance, the resources and responding personnel of the Assisting Party will perform response activities under the operational and tactical control of the Requesting Party. A. Unless otherwise agreed upon between the Requesting and Assisting Party, the Requesting Party shall be responsible for providing food, water, and shelter to the personnel of the Assisting Party. For Missions performed in areas where there are insufficient resources to support responding personnel and equipment throughout the Period of Assistance, the Assisting Party shall, to the fullest extent practicable, provide their emergency response personnel with the equipment, fuel, supplies, and technical resources necessary to make them self-sufficient throughout the Period of Assistance. When requesting assistance, the Requesting Party may specify that Assisting Parties send only self-sufficient personnel and resources but must specify the length of time self-sufficiency should be maintained. 123 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 B. Unless the Requesting Party has specified the contrary, it shall, to the fullest extent practicable, coordinate all communications between its personnel and the responding personnel of the Assisting Parties, and shall determine and share the frequencies and other technical specifications of all communications equipment to be used, as appropriate, with the deployed personnel of the Assisting Parties. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive the usual wages, salaries, and other compensation as are normally afforded to personnel for emergency response activities within their home jurisdiction, and shall have all the immunities, rights, interests, and privileges applicable to their normal employment. If personnel of the Assisting Party hold local licenses or certifications limited to the jurisdiction of issue, then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the Period of Assistance. ARTICLE VII: REIMBURSEMENT After the Period of Assistance has ended, the Assisting Party shall have 45 days to develop a full reimbursement package for services rendered and resources supplied during the Period of Assistance. All expenses claimed to the Requesting Party must have been incurred in direct response to the emergency as requested by the Requesting Party and must be supported by proof of work and proof of payment. To guide the proper documentation and accountability of expenses, the Assisting Party should utilize the Claim Summary Form, available via the Division approved documents SharePoint site as a guide and summary of expense to collect information to then be formally submitted for review by the Requesting Party. To receive reimbursement for assistance provided under this agreement, the Assisting Party shall provide, at a minimum, the following supporting documentation to the Requesting Party unless otherwise agreed upon between the Requesting and Assisting Parties: A. A complete and authentic description of expenses incurred by the Assisting Party during the Period of Assistance; B. Copy of a current and valid Internal Revenue Service W-9 Form; C. Copies of all relevant payment and travel policies in effect during the Period of Assistance; D. Daily personnel activity logs demonstrating emergency response activities performed for all time claimed (for FDEM reimbursement Division approved activity logs will be required for personnel activity claims); 124 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 E. Official payroll and travel reimbursement records for all claimed personnel expenses; F. Neat and comprehensive fringe benefit calculations for each position class or category of claimed personnel; G. Written justification for all additional expenses/purchases incurred during the Period of Assistance; H. Proof of payment for additional/miscellaneous expenses incurred during the Period of Assistance I. Equipment activity logs demonstrating equipment use and operation in support of emergency response activities for all time claimed (for FDEM reimbursement Division approved forms will be required for equipment activity claims); J. Proof of reimbursement to all employees who incurred emergency response expenses with personal money; K. Justification for equipment repair expenses; and L. Copies of any applicable supporting agreements or contracts with justification. If a dispute or disagreement regarding the eligibility of any expense arises, the Requesting Party, Assisting Party, or the Division may elect binding arbitration. If binding arbitration is elected, the Parties must select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Division, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties and shall be final. If the Participating Parties do not elect binding arbitration, this agreement and any disputes arising thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. Nothing in this Agreement shall be construed to create an employer-employee relationship or a partnership or joint venture between the participating parties. Furthermore, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by either Party to be sued by third parties. 125 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 ARTICLE VIII: COST ELIGIBLE FOR REIMBURSEMENT The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA’ s Schedule of Equipment, or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage, and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like 126 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida. Upon reasonable notice, the Assisting Party shall make its records available the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays, except for official holidays. ARTICLE IX: INSURANCE Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers’ insurance meeting the requirements of the Workers’ Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority of this Agreement, and shall be provided to each Participating Party. B. Any Participating Party that elects additional insurance affording liability coverage for any activities that may be performed under the authority of this Agreement shall be provided to each Participating Party. C. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. D. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties and shall not be deemed to be the agent of any other Participating Party. E. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. F. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. 127 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 ARTICLE X: GENERAL REQUIREMENTS Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. All Participating Parties shall allow public access to all documents, papers, letters, or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. B. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. C. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. D. Any communication to the Division under this Agreement shall be sent via either email, the Division of Emergency Managements Enterprise System (DEMES), or mail to the Response Bureau, Florida Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. E. Any communication to a Participating Party shall be sent to the official or officials specified by that Participating Party. For the purpose of this section, any such communication may be sent by the U.S. Mail, e-mail, or other electronic platforms. ARTICLE XI: EFFECTS OF AGREEMENT Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, 128 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 regardless of whether such costs are billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E of this Article. F. A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency Managements Enterprise System (DEMES), or certified mail. ARTICLE XII: INTERPRETATION AND APPLICATION OF AGREEMENT The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities, and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those expressed in this Agreement. 129 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Parties may be required to execute the Agreement with the adopted changes. Any continued or subsequent use of this Agreement following the posting of minor changes to this Agreement shall signify implied acceptance of such changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: This iteration of the State of Florida Statewide Mutual Aid Agreement will replace all previous versions. The Division shall provide reimbursement to Assisting Parties in accordance with the terms and conditions set forth in this Article for missions performed at the direct request of the Division. Division reimbursement eligible expenses must be in direct response to the emergency as requested by the State of Florida. All required cost estimations and claims must be executed through the DEMES Mutual Aid Portal and assisting agencies must use all required FDEM forms for documentation and cost verification. If a Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. FDEM reserves the right to deny individual reimbursement requests if deemed to not be in direct response to the incident for which asset was requested. IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the date specified below: 130 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY A COUNTY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT OF _______________________ COUNTY, STATE OF FLORIDA By: _______________________________ By: ________________________________ Clerk or Deputy Clerk Chairman Date: ______________________________ Approved as to Form: By: ________________________________ County Attorney 131 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY A CITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: CITY OF ___________________________ CITY CLERK STATE OF FLORIDA By: _____________________________ By: ________________________________ Title: ____________________________ Title: ______________________________ Date: ______________________________ Approved as to Form: By: ________________________________ City Attorney 132 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY AN EDUCATIONAL DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ___________________________________ SCHOOL DISTRICT, STATE OF FLORIDA By: ________________________________ By: ________________________________ Title: _______________________________ Title: ______________________________ Date: ______________________________ Approved as to Form: By: ________________________________ Attorney for District 133 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY COMMUNITY COLLEGE OR STATE UNIVERSITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: BOARD OF TRUSTEES OF________________________________ COMMUNITY COLLEGE, STATE OF FLORIDA BOARD OF TRUSTEES OF________________________________ UNIVSERISTY, STATE OF FLORIDA By: _______________________________ By: ________________________________ Clerk Chairman Date: ______________________________ Approved as to Form: By: ________________________________ Attorney for Board 134 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY A SPECIAL DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ___________________________________ SPECIAL DISTRICT, STATE OF FLORIDA By: ________________________________ By: ________________________________ Title: _______________________________ Title: ______________________________ Date: ______________________________ Approved as to Form: By: ________________________________ Attorney for District 135 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY AN AUTHORITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: BOARD OF TRUSTEES OF________________________________ AUTHORITY, STATE OF FLORIDA By: _______________________________ By: ________________________________ Clerk Chairman Date: ______________________________ Approved as to Form: By: ________________________________ Attorney for Board 136 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY A NATIVE AMERICAN TRIBE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ATTEST: TRIBAL COUNCIL OF THE __________________ TRIBE OF FLORIDA By: _______________________________ By: ________________________________ Council Clerk Chairman Date: ______________________________ Approved as to Form: By: ________________________________ Attorney for Council 137 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 FOR ADOPTION BY A COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ________________________________ Date: ______________________________ Kevin Guthrie, Executive Director or Ian Guidicelli, Authorized Designee ___________________________________________________ COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA By: ________________________________ By: ________________________________ Title: _______________________________ Title: ______________________________ Date: ______________________________ Approved as to Form: By: ________________________________ Attorney for District 138 Ron DeSantis, Governor Kevin Guthrie, Executive Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 SAMPLE AUTHORIZING RESOLUTION FOR ADOPTION OF STATEWIDE MUTUAL AID AGREEMENT RESOLUTION NO. _____________ WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and WHEREAS the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or it political subdivisions for use in the affected area upon the request of the duly constituted authority of the area; and WHEREAS this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252, among political subdivisions within the State; and NOW, THEREFORE, be it resolved by __________________________________ ___________________________________________________________ that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which is attached hereto and incorporated by reference. ADOPTED BY: __________________________________________________ DATE: _________________________________________________________ I certify that the foregoing is an accurate copy of the Resolution adopted by _____________________________________ on____________________________. BY: __________________________________ TITLE: ________________________________ DATE: ________________________________ 139 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT WESLEY MAUL Governor Director August 7, 2018 Deputy Chief Jeffrey Davidson Boynton Beach Fire Rescue Department 2080 High Ridge Rd Boynton Beach, FL 33426 Dear Mr. Davidson, Enclosed for your records is a copy of the executed 2018 Statewide Mutual Aid Agreement between the City of Boynton Beach and the State of Florida, Division of Emergency Management. The City of Boynton Beach's participation in the Statewide Mutual Aid Agreement will further Florida's ability to plan for, respond to, and recover from a future disaster. Your participation in the Statewide Mutual Aid Program is vital to Florida's Emergency Management System and is greatly appreciated. Please note that if you are a City, Educational District, Community College, State University, Special District, Authority, Native American Tribe, or Community Development District, to request for assistance or provide assistance, you must go through your county. Each county is a signatory of the Statewide Mutual Aid Agreement and will be able to assist you in requesting or providing assistance. Should you have any further questions please contact Alonna Vinson at (850) 901-8456 or at alonna.vinson@em.myflorida.com. s wJ Sincerely, AQ — C"v ta. c.) C Wesley Maul, Di -ctor r~= T--. Florida Divisio of Emergency Management V DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Blvd Te1:850-815-4000 2702 Directors Row Tallahassee, FL 32399-2100 www.FloridaDisaster.orq Orlando, FL 32809-5631 140 d tee, STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT WESLEY MAUL Governor Director STATEWIDE MUTUAL AID AGREEMENT This Agreement is between the FLORIDA DIVISION OF EMERGENCY MANAGEMENT Division") and the local government signing this Agreement (the "Participating Parties"). This agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the emergency with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources,but that other local governments may be able to offer. D. The Emergency Management Act, Chapter 252, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted,and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to Chapter 252, the Division has the authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. Based on the existence of the foregoing conditions,the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement,the following expressions shall have the following meanings: 1 141 A. The "Agreement" is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement("SMAA"). B. The"Division"is the Division of Emergency Management C. The "Participating Parties" to this Agreement are the Division and any and all special districts,educational districts,and other local and regional governments signing this Agreement. D. The "Requesting Parties"to this Agreement are Participating Parties who request assistance during an emergency. E. The"Assisting Parties"to this Agreement are Participating Parties who render assistance in an emergency to a Requesting Party. F. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer to manage and coordinate assistance to local governments during an emergency. G. The "Comprehensive Emergency -Management Plan" is the biennial Plan issued by the Division in accordance with§252.35(2)(a),Florida Statutes. H.The "State Coordinating Officer" is the official whom the Governor designates, by Executive Order,to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order, Chapter 252, Florida Statutes, and the State Comprehensive Emergency Management Plan. I. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in an emergency, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. J. A "special district" is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3),Florida Statutes,regardless of whether established by local,special,or general act,or by rule,ordinance,resolution,or interlocal agreement. 2 142 K. An "educational district" is any school district within the meaning of section 1001.30, Florida Statutes and any community school and state university within the meaning of section 1000.21, Florida Statutes. L. An "interlocal agreement" is any agreement between local governments within the meaning of section 163.01(3)(a), Florida Statutes. M. A "local government" is any educational district or any entity that is a "local governmental entity"within the meaning of section 11.45(1)(e), Florida Statutes. N. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement for a "major" or "catastrophic disaster" as defined in section 252.34, Florida Statutes. If the Participating Party has no other mutual aid agreement that covers a"minor" disaster or other emergencies too extensive to be dealt with unassisted, it may also invoke assistance under this Agreement for a"minor disaster"or other such emergencies. ARTICLE III. jDvocation of the Agreement. In the event of an emergency or threatened emergency,a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party, or from the Division if, in the judgment of the Requesting Party, its own resources are inadequate to meet the emergency. A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the County Emergency Management Agency of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the emergency for which assistance is requested. 3 143 B. All requests for assistance under this Agreement shall be transmitted by County Emergency Management Agency of the Requesting Party to either the Division, or to another Participating Party. if the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division,the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State's Comprehensive Emergency Management Plan. D. Nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equipment, supplies, services and other resources that are staged by the Division, or by other agencies of the State of Florida, for use in responding to an emergency pending the assignment of such personnel, equipment, supplies, services and other resources to an emergency support function/mission. The documentation, payment, repayment, and reimbursement of all such costs shall be rendered in accordance with the Comprehensive Emergency Management Plan, and general accounting best practices procedures and protocols. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Requesting Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; 4 144 C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance,with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment,supplies,services, or other resources; G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources and capabilities can render assistance. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form B attached to this Agreement, and the completion of Form B by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel,equipment,supplies and services it has available,together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 5 145 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date,time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. F. The estimated costs of the provision of assistance(use FEMA's Schedule of Equipment Rates spreadsheet attached to Form B.) ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisor(s) of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) calendar days' notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters,the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equipment and supplies to make them self-sufficient for food,shelter,and operations unless the Requesting Party has specified the contrary. For minor disasters and other emergencies, the Requesting Party shall be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, it shall to the fullest extent practicable, 6 146 coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical specifications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, responsibilities, immunities,rights,interests,and privileges incident to their usual employment.If personnel of the Assisting Party hold local licenses or certifications limited to the county or municipality of issue,then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the support. ARTICLE VII. Procedures for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred under this Agreement shall rest with the Requesting Party,subject to the following conditions and exceptions: A. In accordance with this Agreement, the Division shall pay the costs incurred by an Assisting Party in responding to a request that the Division initiates on its own, and not for another Requesting Party. B. An Assisting Party shall bill the Division or other Requesting Party as soon as practicable, but not later than thirty(30) calendar days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties,the State Coordinating Officer may extend this deadline for cause. C. If the Division or the Requesting Party protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) calendar days shall constitute agreement to the bill and the items on the bill and waive the right to contest the bill. D. If the Division protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) calendar days from the date of protest to present the bill or item to the original 7 4 147 Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot reach a mutual agreement with the Division or the Requesting Party to the settlement of any protested bill or billed item, the Division, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liability for the protested bill or billed item in accordance with Section F of this Article. F. If the Division or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Department, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties,and shall be final. H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through the Division. I. If FEMA denies any request for reimbursement of costs which the Division has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division,but the Division may waive such repayment for cause. ARTICLE VIII. 8 148 Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA's Schedule of Equipment Rates (attached to Form B), or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event,the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance,the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. 9 149 C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Division and the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays,except for official holidays. ARTICLE IX. jnsurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the requirements of the Workers' Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability coverage for any 10 150 activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. C. Any Participating Party that is self-insured with respect to any line or lines of insurance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self- insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirementg. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds'shall be submitted in detail resentsufficientforauditingpurposes. To the extent that such bills represent costs incurred for travel, such bills applicableshallbesubmittedinaccordancewithsection112.061, Florida Statutes, and any 11 151 requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act,as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act,as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Division under this Agreement shall be sent to the Director, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form C attached to this Agreement. For the purpose of this Section, any such communication may be sent by the U.S.Mail,e-mail,or by facsimile. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by anyyParticipating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liabilityof the Participating Partyfor the reimbursement of anycosts due under that agreement, regardlessPgg of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the 12 152 Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30,2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one 1) year from its date of execution by that Participating Party, and it shall automaticallycall renew each year after its execution, unless within sixty (60) calendar days before that date the Participating Party notifies the Division,in writing,of its intent to withdraw from the Agreement. F. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. interpretation and Application of Agreement. The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent,but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, 13 153 obligations, duties,responsibilities,and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties,responsibilities, or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Party may be required to execute the Agreement with the adopted changes. Your continued or subsequent use of this Agreement following the posting of minor changes to this Agreement will mean you accept those changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: On February 26,2018,this Agreement was modified by the Division of Emergency Management. This document replaces the August 20,2007 edition of the Statewide Mutual Aid Agreement; however, any and all Agreements previously executed shall remain in full force and effect. Any local government, special district, or educational institution which has yet to execute this Agreement should use the February 26,2018 edition for the purposes of becoming a signatory. IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: 14 154 FOR ADOPTION BY A CITY STATE OF FLORIDA VISION OF E ENCY MANAGEMENT By: Date:Vy v rector ATTEST: CITY OF R©`n a 1@0. CITY CLERK STATE OF FLORI A By: 7,a4v-ti By: Title: Ty &erh Title:6t5. 2,10,v1"..)4/ 2Date: la^'1i- — Date: 7f/.2-3/l Y Approved as to Form: By: dk `. City •tie ey 16 I 155 1 RESOLUTION NO. R18 -092 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE CITY MANAGER TO SIGN THE 2018 UPDATE 6 OF THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT;AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, the City has been a member of the Florida Statewide Mutual Aid 11 Agreement since 2001; and 12 WHEREAS, The State of Florida is vulnerable to a wide range of disasters that are 13 likely to cause the disruption of essential services and the destruction of the infrastructure 14 needed to provide these services; and 15 WHEREAS, such disasters are likely to exceed the capability of any one local 16 government to cope with the emergency with existing resources and may also require 17 specialize technical resources that the local government may be unable to meet with existing 18 assets; and 19 WHEREAS,this reciprocal agreement allows local responders to provide and request 20 resources around the State of Florida; and 21 WHEREAS, The Emergency Management Act, Chapter 252, provides each local 22 government of the state the authority to develop and enter into mutual aid agreements within 23 the state for reciprocal emergency aid and assistance in case of emergencies too extensive to 24 be dealt with unassisted,and through such agreements to ensure the timely reimbursement of 25 costs incurred by the local governments which render such assistance; and 26 WHEREAS,The execution of this agreement will allow the City of Boynton Beach to 27 be reimbursed for any assets requested during a disaster; and C\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\SATNOEVN\Statewide Mutual_Aid_Agreement 2018_-_Reso.doc 156 28 WHEREAS,staff has recommended that the City Commission approve and authorize 29 the City Manager to sign the 2018 Update to the Statewide Mutual Aid Agreement. 30 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 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. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 36 authorizes and directs the City Manager to sign the 2018 update to the Florida Statewide Mutual 37 Aid Agreement, a copy of which is attached hereto and made a part hereof as Exhibit"A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 17th day of July, 2018. 40 CITY OF BOYNTON BEACH,FLORIDA 41 42 YES NO 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Christine L. Romelus 46 47 Commissioner—Justin Katz 48 49 Commissioner—Mack McCray l 50 51 • • Commissioner—Joe Casella 52 53 VOTE 5' 54 ATTEST: 55 56 57 Ju A. Pyle, CMC 58 Clerk 59 60 (Corporate Seal) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\SATNOEVN\Statewide_Mutual_Aid_Agreement_2018_-_Reso.doc 157 FORM C CONTACT INFORMATION FOR AUTHORIZED REPRESENTATIVES Name of Government:City of Boynton Beach Mailing Address:P.O. Box 310 Boynton Beach, FL, 33425 Authorized Representative Contact Information Primary Authorized Representative Name: Lori LaVerriere Title: City Manager Address: P.O. Box 310 Boynton Beach, FL, 33425 Day Phone: 561-742-6010 Night Phone: Facsimile: Email: LaVerriereL@bbfl.us 1st Alternate Authorized Representative Name: Glenn Joseph Title: Fire Chief Address:2080 High Ridge Road,Boynton Beach, FL, 33426 Day Phone: 561-742-6339 Night Phone: Facsimile: Email: JosephG@bbfl.us 2° d Alternate Authorized Representative Name: Jeffrey Davidson Title: Deputy Fire Chief Address:2080 High Ridge Road, Boynton Beach, FL, 33426 Day Phone: 561-742-6326 Night Phone: Facsimile: Email: DavidsonJ@bbfl.us PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR*** 23 158 Attachment 1 STATEWIDE MUTUAL AID AGREEMENT Type or print all information except signatures Form B PART I TO BE COMPLETED BY THE REQUESTING PARTY Date: Time: Mission No: HRS local) E-mail Point of Contact:I Telephone No: address: Assisting Party: Requesting Party: Incident Requiring Assistance: Type of Assistance/Resources Needed(use Part IV for additional space) Date&Time Resources Location Needed: address): Approximated Date/Time Resources Released: Authorized Official's Name: Signature: Title: Agency: PART II TO BE COMPLETED BY THE ASSISTING PARTY E-mail Contact Person: Telephone No: address: Type of Assistance Available: Date&Time Resources Available To: Location(address): Approximate Total cost for mission: $ Equipment& Travel: $ Personnel: $ Materials: $ Contract Rental: $ Logistics Required from Requesting Party Yes Provide information on attached Part IV) No a Authorized Official's Name: Title: Date: Signature: Local Mission No: PART III TO BE COMPLETED BY THE REQUESTING PARTY Authorized Official's Name: Title: Signature: Agency:g Revised: March 2018 Page 1 159 PART IV STATEWIDE MUTUAL AID AGREEMENT Type or print all information except signatures Form B(continued) MISCELLANEOUS ITEMS/ OTHER MISSION INFORMATION Revised: March 2018 Page 2 160 FEMA's SCHEDULE OF EQUIPMENT RATES DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY RECOVERY DIRECTORATE PUBLIC ASSISTANCE DIVISION WASHINGTON,DC 20472 The rates on this Schedule of Equipment Rates are for applicant owned equipment in good mechanical condition, complete with all required attachments.Each rate covers all costs eligible under the Robert T.Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.§5121,et seq.,for ownership and operation of equipment,including depreciation,overhead,all maintenance,field repairs,fuel,lubricants,tires,OSHA equipment and other costs incidental to operation.Standby equipment costs are not eligible. Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible.LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be approved separately from equipment costs. Information regarding the use of the Schedule is contained in 44 CFR§206.228 Allowable Costs.Rates for equipment not listed will be furnished by FEMA upon request.Any appeals shall be in accordance with 44 CFR§206.206 Appeals. THESE RATES ARE APPLICABLE TO MAJOR DISASTERS AND EMERGENCIES DECLARED BY THE PRESIDENT ON OR AFTER SEPTMBER 1,2017. FEMA Code ID Equipment Description Cost Code Equipment Specifications Capacity or Size HP Notes Unit 2017 Rate 8010 Air Compressor Air Delivery 41 CFM to 10 Hoses included. hour 1.51 8011 Air Compressor Air Delivery 103 CFM to 30 Hoses included. hour 8.84 8012 Air Compressor Air Delivery 130 CFM to 50 Hoses included. hour $11.14 8013 Air Compressor Air Delivery 175 CFM to 90 Hoses included. hour $18.39 8014 Air Compressor Air Delivery 400 CFM to 145 Hoses included. hour $30.47 8015 Air Compressor Air Delivery 575 CFM to 230 Hoses included. hour $48.71 8016 Air Compressor Air Delivery 1100 CFM to 355 Hoses included. hour $92.88 8017 Air Compressor Air Delivery 1600 CFM to 500 Hoses included. hour $96.96 8040 Ambulance to 150 hour $28.00 8041 Ambulance to 210 hour $40.50 8050 Board,Arrow to 8 Trailer Mounted. hour 4.43 8051 Board,Message to 5 Trailer Mounted. hour $11.61 8060 Auger,Portable Hole Diameter 16 In to 6 hour 2.14 8061 Auger,Portable Hole Diameter 18 In to 13 hour 4.30 Includes digger,boom and 8062 Auger,Tractor Mntd Max.Auger Diameter 36 In to 13 mounting hardware. hour 3.16 mounting hardware. Add this 8063 Auger,Truck Mntd Max.Auger Size 24 In to 100 rate to tractor rate for total hour $34.28 8064 Hydraulic Post Driver hour $35.10 Horizontal Directional Boring 8065 Auger Machine 250 X 100 300 DD-1408 YR-2003 hour $169.40 Horizontal Directional Boring 8066 Auger Machine 50 X 100 hour $31.95 Auger,Directional Boring 8067 Machine Auger,Directional Boring Machine hour $36.97 8070 Automobile to 130 Transporting people. mile $0.535 8071 Automobile to 130 Transporting cargo. hour $12.32 8072 Automobile,Police to 250 Patrolling. mile $0.535 Stationary with engine 8073 Automobile,Police to 250 running. hour $15.69 8075 Motorcycle,Police mile $0.505 8076 Automibile-Chevy Trailblazer 6 or 8 cl 285 to 300 hour $22.00 8077 Automobile-Ford Expedition Fire Command Center hour $19.00 8080 All Terrain Vehicle(ATV) Engine 110cc,4-Wheel;20"tyre 6.5-7.5 hour 8.20 8081 All Terrain Vehicle(ATV) Engine 125cc,4-Wheel;21"tyre 7.6-8.6 hour 8.50 8082 All Terrain Vehicle(ATV) Engine 150cc,4-Wheel;22"tyre 9.0-10.0 hour 8.51 8083 All Terrain Vehicle(ATV) Engine 200cc,4-Wheel;24"tyre 12-14.0 hour 9.00 8084 All Terrain Vehicle(ATV) Engine 250cc,4-Wheel;24"tyre 15-17 hour 9.40 l 161 CO CO CO W CO CO W CO Lo a, aa m W W W W N N CO CO W W CO W W W co N W W W W W W N W W Co W CO W W W W W W W W N O O O O O O O (0 O CO O O O Co pp 03 00 Cp W CO CO CO co in in U in in a a a a a a a a W co co co co co co N N N N N N N N CO CO W O7 CO J O) U A W N O (D Co J 01 A Co N O Co J A W 0 CO CO -4 A CO N 0 W (T -0- W N 0 (O 0) 01 A Cr) N 0 W N 0 CD CO J Oa (n C) (7 O (p (n l C) C) O C) 0 C) m CO CO CO CO (n (n CO CO CO CO CO CO m m CO CO l m m m m m m m 0) 0) A O a D D mamma 0) 0) 0) > > > > > C c F x x a a D- a 7 a m 0 5 y C y F F o 0 3 3 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 o F O o 0 o m m d m n n m m m m m m o m m O o 0 o m m m m m m m m m m d m m m m m 3 m o a m RI. m m (o (o (o (o 1 -I m m m n n S > ( y 3 ' m m m m 3 3 3 3 r 3 m m m m m m m m m m fD m ( n (n (n d d d m T m m 3 C C T T m m A O O O O O O O O O CU N N N co CO CO m F F F F F F = F T - m m m m 30 m (o (o (o (0 D- ol, n d F o m F F F F n o ronoon J n co m m m m m m < Q m 3 Q N F < m m m o m o m m 3 3 3 3 0- a m o j m o 3 3 >_ >_ > j m Z7 0 g ni n F (D m m m m 1) m m m m m O 3 o n D D D D D s s X 3 to to m m m N N N c62 m m m m -• N— N r r r r r (n (n 3) (n (n a N C) W CO (n (n (/) (n (n m 3 (n m m m m m 0 n n 3 3 N d d O O O n 0(T O m m m m m N N N N N O N - _ N N N N _J J J C .C. ti O O N O O O O ' O n J J J o O O O O O m m 7 U (n m m m m m m m m O (O O (D m n a 0 0 o O o (0 (0 v7 m (0 n D D j > > A.m m m' m m (n m m m CO CO n N 5 3 3 3 3 m o a 3 3- r D m m m m m n (n (n A a m (a (o m Ln -m I- m m m D 3- N Jn N A A 0 m m m ' °J 0) 0' o 0 0 0 n CO m 0 D_ D o 0 0 0 0 O m c O 00 Q n n 2 n n C m 0 m N A A A A A J a C H o f 0o a v CD 7 7mmCDm o n d N N N N N OO J J T Cr] C O A T O n N `< `G `Gm `<O F m m m m co 0) _, U N J m N 0) N (nDcoco Ax( (An _ O O( U+ O O O > A N W N (=O U O W co W N A N j A W U U X WO N N A A W (TWWco (T m N T T T T T (T 1., % X X W o co U co % S 7 J 7 5 5 O J O m J T N N K >j N '6 N d n O1 T O U 0Ng. O O O O O O co 000000 O O O O A W N N O O O O O A J W N — N _ N Ol -' W cn Q J CO N — -• co J U A 03 N O O W O W A A N N N A O (T J J co O -, U CO O co O , u, O CO U J O J O N co o O O O) o O U U J W O CO CO O n o o J W A o O o O O o o O O O U o O 6 (T U O O o o O T T T T n O I n 0) Cl) (n Oi, Q O a d N co N '0-C m m n d n P CD o Q m m m (. m N C •c C CN CD 3 a, 3 3F n c El o m 0 o D O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g, g, g, -, g, C -g g g g, C g g g g g C g g, g g g C C C G C C C C C g C g g, g C -C. g g g G g g C g g C g g en W EA 69 EA N (A 69 69 EA 69fA EA EA EA EA 69 EA 69 EA 60 EA 69 EA EA (A EA IA A COCONin (A EA (A (A69 61 0 O (n W W 69 (A EA EA (A EA W 0 N EA EA EA N EA (0 EA W N N (D J N EA J N EA a EA J (O J a A o1 0) A N W j CA CO a (n W 0 (T A N a (0 (n A co -4 N CD (n CO (T O Q) O) 0 O) A N O) Co N N Co (n J -4 O) N W (0 A (O m J W (O N CO A CO 0 WO WUOJ NWOANOOOAOcoNOOWNOnITOOCo ( T (T O _O 0 _O O O 0c.4, O 0 (n O O U O) O Co _ ( T T _(T A 01 CoU 0 0 0 0 0 A 0 162 Cutter,Brush-247 hp,1997 Model 8198 Bruncher Cutter 511 Feller to 247 hour $187.75 8199 Log Trailer 40 ft hour 9.90 8200 Chipper,Brush Chipping Capacity 6 In to 35 Trailer Mounted. hour 8.60 8201 Chipper,Brush Chipping Capacity 9 In to 65 Trailer Mounted. hour $16.86 8202 Chipper,Brush Chipping Capacity 12 In to 100 Trailer Mounted. hour $24.31 8203 Chipper,Brush Chipping Capacity 15 In to 125 Trailer Mounted. hour $35.00 8204 Chipper,Brush Chipping Capacity 18 In to 200 Trailer Mounted. hour $50.10 Loader-Tractor- 8208 Knuckleboom model Barko 595 ML to 173 hour $161.89 model 210 w/Buck Saw 50 inch 8209 Loader-Wheel Bar to 240 hour $97.00 8210 Clamshell&Dragline,Crawler 149,999 lbs to 235 Bucket not included in rate. hour $127.40 8211 Clamshell&Dragline,Crawler 250,000 lbs to 520 Bucket not included in rate. hour $166.20 8212 Clamshell&Dragline,Truck to 240 Bucket not included in rate. hour $145.00 8220 Compactor to 10 hour $15.10 Compactor,towed,Vibratory 8221 Drum to 45 hour $31.70 8222 Compactor,Vibratory,Drum to 75 hour $22.30 8223 Compactor,pneumatic,wheel to 100 hour $26.00 8225 Compactor,Sanitation to 300 hour $92.75 8226 Compactor,Sanitation to 400 hour $152.30 8227 Compactor,Sanitation 535 hour $249.75 Compactor,towed, 8228 Pneumatic,Wheel 10000 lbs Include prime mover rate hour $17.00 8229 Compactor,towed,Drum Static 20000 lbs Include prime mover rate hour $15.80 8240 Feeder,Grizzly to 35 hour $22.20 8241 Feeder,Grizzly to 55 hour $32.45 8242 Feeder,Grizzly to 75 hour $64.25 8250 Dozer,Crawler to 75 hour $51.30 8251 Dozer,Crawler to 105 hour $38.30 8252 Dozer,Crawler to 160 hour $93.74 8253 Dozer,Crawler to 250 hour $149.75 8254 Dozer,Crawler to 360 hour $201.10 8255 Dozer,Crawler to 565 hour $311.80 8256 Dozer,Crawler to 850 hour $294.10 8260 Dozer,Wheel to 300 hour $61.00 8261 Dozer,Wheel to 400 hour $94.10 8262 Dozer,Wheel to 500 hour $178.65 8263 Dozer,Wheel to 625 hour $239.60 3 hitch attach for tractor;2007 8269 Box Scraper Befco hour 3.50 Includes teeth.Does not 8270 Bucket,Clamshell Capacity 1.0 CY include Clamshell&Dragline hour 4.62 Includes teeth.Does not 8271 Bucket,Clamshell Capacity 2.5 CY include Clamshell&Dragline hour 8.73 Includes teeth.Does not 8272 Bucket,Clamshell Capacity 5.0 CY include Clamshell&Dragline hour $13.10 Includes teeth.Does not 8273 Bucket,Clamshell Capacity 7.5 CY include Clamshell&Dragline hour $22.40 Does not include Clamshell& 8275 Bucket,Dragline Capacity 2.0 CY Dragline hour 3.96 Does not include Clamshell& 8276 Bucket,Dragline Capacity 5.0 CY Dragline hour 9.90 Does not include Clamshell& 8277 Bucket,Dragline Capacity 10 CY Dragline hour $14.10 Does not include Clamshell& 8278 Bucket,Dragline Capacity 14 CY Dragline hour $18.65 Crawler,Truck&Wheel. 8280 Excavator,Hydraulic Bucket Capacity 0.5 CY to 45 Includes bucket. hour $18.00 Crawler,Truck&Wheel. 8281 Excavator,Hydraulic Bucket Capacity 1.0 CY to 90 Includes bucket. hour $34.20 Crawler,Truck&Wheel. 8282 Excavator,Hydraulic Bucket Capacity 1.5 CY to 160 Includes bucket. hour $52.70 Crawler,Truck&Wheel. 8283 Excavator,Hydraulic Bucket Capacity 2.5 CY to 265 Includes bucket. hour $153.00 163 Crawler,Truck&Wheel. 8284 Excavator,Hydraulic Bucket Capacity 4.5 CY to 420 Includes bucket. hour $264.50 Crawler,Truck&Wheel. 8285 Excavator,Hydraulic Bucket Capacity 7.5 CY to 650 Includes bucket. hour $223.70 Crawler,Truck&Wheel. 8286 Excavator,Hydraulic Bucket Capacity 12 CY to 1000 Includes bucket. hour $455.00 8287 Excavator 2007 model Gradall XL3100 III 184 hour $105.46 8288 Excavator 2003 model Gradall XL4100 III 238 hour $113.20 8289 Excavator 2006 model Gradall XL5100 230 hour $88.80 8290 Trowel,Concrete Diameter 48 In to 12 hour 4.80 8300 Fork Lift Capacity 6000 Lbs to 60 hour $13.00 8301 Fork Lift Capacity 12000 Lbs to 90 hour $18.50 8302 Fork Lift Capacity 18000 Lbs to 140 hour $24.00 8303 Fork Lift Capacity 50000 Lbs to 215 hour $51.40 8306 Fork Lift Material handler Diesel,CAT TH3608 6600-11500 gvwr lbs 99.9 hour $27.90 8307 Fork Lift Material handler Diesel,CAT TH460B 99.9 hour $30.15 8308 Fork Lift Material handler Diesel,CAT TH560B 99.9 hour $35.80 8309 Fork Lift Accessory 2003 ACS Paddle Fork hour 3.46 8310 Generator Prime Output 5.5 KW to 10 hour 3.35 8311 Generator Prime Output 16 KW to 25 hour 7.45 8312 Generator Prime Output 43 KW to 65 hour $15.00 8313 Generator Prime Output 100 KW to 125 hour $34.95 8314 Generator Prime Output 150 KW to 240 hour $50.00 8315 Generator Prime Output 210 KW to 300 hour $62.45 8316 Generator Prime Output 280 KW to 400 hour $80.40 8317 Generator Prime Output 350 KW to 500 hour $90.50 8318 Generator Prime Output 530 KW to 750 hour $153.30 8319 Generator Prime Output 710 KW to 1000 hour $222.00 8320 Generator Prime Output 1100 KW to 1500 Open hour $349.00 8321 Generator Prime Output 2500 KW to 3000 hour $533.75 8322 Generator Prime Output 1,000 KW to 1645 Enclosed hour $403.30 8323 Generator Prime Output 1,500 KW to 2500 Enclosed hour $511.22 8324 Generator Prime Output 1100KW 2500 Enclosed hour $495.80 8325 Generator Prime Output 40KW 60 hour $14.80 8326 Generator Prime Output 20KW 40 hour $13.32 Includes Rigid and Articulate 8330 Graders Moldboard Size 10 Ft to 110 equipment, hour $43.30 Includes Rigid and Articulate 8331 Graders Moldboard Size 12 Ft to 150 equipment. hour $46.50 Includes Rigid and Articulate 8332 Graders Moldboard Size 14 Ft to 225 equipment. hour $67.50 Per 25 foot length.Includes 8350 Hose,Discharge Diameter 3 In couplings. hour 0.15 Per 25 foot length.Includes 8351 Hose,Discharge Diameter 4 In couplings. hour 0.24 Per 25 foot length.Includes 8352 Hose,Discharge Diameter 6In couplings. hour 0.60 Per 25 foot length.Includes 8353 Hose,Discharge Diameter 8 In couplings. hour 0.60 Per 25 foot length.Includes 8354 Hose,Discharge Diameter 12 In couplings. hour 0.90 Per 25 foot length.Includes 8355 Hose,Discharge Diameter 16 In couplings. hour 1.70 Per 25 foot length.Includes 8356 Hose,Suction Diameter 3In couplings. hour 0.30 Per 25 foot length.Includes 8357 Hose,Suction Diameter 4 In couplings. hour 0.35 Per 25 foot length.Includes 8358 Hose,Suction Diameter 6 In couplings. hour 1.15 Per 25 foot length.Includes 8359 Hose,Suction Diameter 8 In couplings. hour 1.10 Per 25 foot length.Includes 8360 Hose,Suction Diameter 12 In couplings. hour 1.70 Per 25 foot length.Includes 8361 Hose,Suction Diameter 16 In couplings. hour 3.15 8380 Loader,Crawler Bucket Capacity 0.5 CY to 32 Includes bucket. hour $14.66 164 W N COO O O O O O N Co O N CD N O O COCOCOCOCOODCOCOODOD CO O CO CO III O O O O CD O O N O O O W O O O O O O CO O A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A CO CO W W W W W W W W W CO CO J J J J J j J O U (T Cr. 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Include hour $21.30 burners,insulated tank,and 8582 Distributor, Asphalt Tank Capacity 4000 Gal circulating spray bar. Include hour $30.15 8583 Distributor ETNYRE Oil Distributor Model-PB348 300 hour $41.60 8584 Distributor ETNYRE Quad Chip Spreader 280 hour $83.20 Does not include Prime 8590 Trailer,Dump Capacity 20 CY Mover. hour $11.36 Does not include Prime 8591 Trailer,Dump Capacity 30 CY Mover. hour $13.10 8600 Trailer,Equipment Capacity 30 Tons hour $14.15 8601 Trailer,Equipment Capacity 40 Tons hour $15.50 8602 Trailer,Equipment Capacity 60 Tons hour $18.85 8603 Trailer,Equipment Capacity 120 Tons hour $28.35 with sump and a rear 8610 Trailer,Water Tank Capacity 4000 Gal spraybar. hour $13.50 with sump and a rear 8611 Trailer,Water Tank Capacity 6000 Gal spraybar. hour $16.55 with sump and a rear 8612 Trailer,Water Tank Capacity 10000 Gal spraybar. hour $19.20 with sump and a rear 8613 Trailer,Water Tank Capacity 14000 Gal spraybar. hour $23.77 8614 Truck-Water Tanker 1000 gal.tank 175 hour $33.35 8620 Tub Grinder to 440 hour $95.35 8621 Tub Grinder to 630 hour $143.65 8622 Tub Grinder to 760 hour $183.60 8623 Tub Grinder to 1000 hour $322.00 8627 Horizontal Grinder Model HG6000 630 hour $57.36 8628 Stump Grinder 1988 Vermeer SC-112 102 hour $47.00 8629 Stump Grinder 24"grinding wheel 110 hour $45.00 Does not include Prime 8630 Sprayer,Seed Working Capacity 750 Gal to 30 Mover. hour $14.00 Trailer 8 truck mounted. 8631 Sprayer,Seed Working Capacity 1250 Gal to 50 Does not include Prime hour $19.80 Does not include Prime 8632 Sprayer,Seed Working Capacity 3500 Gal to 115 Mover. hour $29.25 8633 Mulcher,Trailer Mntd Working Capacity 7 TPH to 35 hour $14.10 8634 Mulcher,Trailer Mntd Working Capacity 10 TPH to 55 hour $20.80 8635 Mulcher,Trailer Mntd Working Capacity 20 TPH to 120 hour $29.45 8636 Scraper Soil Recycler WR 2400 w 317 gal fuel tank 563 hour $239.85 8637 Trailer CAT Double Belly Bottom-dump Trailer 26 CY of soil in one dump 330 13 CY of soil each berry hour $92.33 Barber Beach Sand Rake 600HDr, 8638 Rake towed hour $15.40 Wildcat 626 Cougar Trommel 8639 Chipper Screen chipper w belt 125 hour $34.30 8640 Trailer,Office Trailer Size 8'x 24' Cargo Size 1611 hour 1.95 8641 Trailer,Office Trailer Size 8'x 32' Cargo Size 24ft hour 2.30 8642 Trailer,Office Trailer Size 10'x 32' Cargo Size 20ft hour 2.65 8643 Trailer Haz-Mat Equipment trailer 8'x18' hour $37.75 8644 Trailer,Covered Utility Trailer (7'X 16') hour 5.65 8645 Trailer,Dodge Ram 8'x 24'shower trailer-12 showers 101 hour $29.45 8646 Trailer,Dodge 32'flatbed water hour $27.90 Wheel Mounted.Chain and 8650 Trencher to 40 Wheel. hour $16.30 167 Wheel Mounted.Chain and 8651 Trencher to 85 Wheel. hour $24.70 8654 Trencher accessories 2008 Griswold Trenchbox hour 1.90 8660 Plow,Cable Plow Depth 24 in to 30 hour $12.00 8661 Plow,Cable Plow Depth 36 in to 65 hour $37.45 8662 Plow,Cable Plow Depth 48 in to 110 hour $41.25 alignment attachment. 8670 Derrick,Hydraulic Digger Max.Boom Length 60 Ft Include truck rate hour $34.15 alignment attachment. 8671 Derrick,Hydraulic Digger Max.Boom Length 90 Ft Include truck rate hour $54.66 8680 Truck,Concrete Mixer Mixer Capacity 13 CY to 300 hour $82.35 8684 Truck,Fire 100 Ft Ladder hour $100.00 8690 Truck,Fire Pump Capacity 1000 GPM hour $68.00 8691 Truck,Fire Pump Capacity 1250 GPM hour $72.25 8692 Truck,Fire Pump Capacity 1500 GPM hour $78.90 8693 Truck,Fire Pump Capacity 2000 GPM hour $81.40 8694 Truck,Fire Ladder Ladder length 75 FT hour $117.10 8695 Truck,Fire Ladder Ladder length 150 FT hour $142.75 8696 Truck,Fire No Ladder 330 Rescure Equipment hour $93.47 8700 Truck,Flatbed Maximum Gvw 15000 Lbs to 200 hour $20.60 8701 Truck,Flatbed Maximum Gvw 25000 Lbs to 275 hour $35.00 8702 Truck,Flatbed Maximum Gvw 30000 Lbs to 300 hour $27.10 8703 Truck,Flatbed Maximum Gvw 45000 Lbs to 380 hour $44.70 48ft to 53ft,flat-bed,freight,two 8708 Trailer,semi axle 50,000+gvwr hour 8.45 8709 Trailer,semi enclosed 48 ft to 53 ft,two axles 50,000+gvwr hour 9.50 8710 Trailer,semi 28ft,single axle,freight 25,000 gvwr hour 9.70 8711 Flat bed utility trailer 6 ton hour 3.10 8712 Cleaner,Sewer/Catch Basin Hopper Capacity 5 CY Truck Mounted. hour $24.80 8713 Cleaner,Sewer/Catch Basin Hopper Capacity 14 CY Truck Mounted. hour $31.30 8714 Vactor 800 Gal Spoils/400 Gal Water 500/800 gal 49 hour $82.75 8715 Truck,Hydro Vac model LP555DT hour $18.00 8716 Leaf Vac Tow by Truck 22,000 cfm capacity 85 Leaf Vac+Truck Code 8811 hour $51.25 8717 Truck,Vacuum 60,000 GVW 400 hour $74.20 8719 Litter Picker model 2007 Barber towed by tractor hour 9.60 8720 Truck,Dump Struck Capacity 8 CY to 220 hour $48.90 8721 Truck,Dump Struck Capacity 10 CY to 320 hour $60.77 8722 Truck,Dump Struck Capacity 12 CY to 400 hour $67.70 8723 Truck,Dump Struck Capacity 18 CY to 400 hour $75.50 8724 Truck,Dump,Off Highway Struck Capacity 28 CY to 450 hour $121.20 8725 Truck,Dump Struck Capacity 14 CY to 400 hour $77.80 8730 Truck,Garbage Capacity 25 CY to 255 hour $48.50 8731 Truck,Garbage Capacity 32 CY to 325 hour $55.90 Environmental Beta Attenuation Air 8733 E-BAM Services Monitor Powered by Solar System hour 3.00 8734 Attenuator,safety that can stop a vehicle at 60 mph hour 5.50 8735 Truck,Attenuator 2004 Truck Mounted for 60 mph hour 3.85 8736 Truck,tow 1987 Chevy Kodiak 70 175 hour $27.70 8744 Van,Custom Special Service Canteen Truck 350 hour $18.00 8745 Van,step model MT10FD 300 hour $21.25 8746 Van-up to 15 passenger light duty,class 1 225-300 hour $20.00 8747 Van-up to 15 passenger light duty,class 2 225-300 hour $20.15 8748 Van-cargo light duty,class 1 225-300 hour $22.25 8749 Van-cargo light duty,class 2 225-300 hour $22.25 8750 Vehicle,Small to 30 hour 6.40 8753 Vehicle,Recreational to 10 hour 2.80 8755 Golf Cart Capacity 2 person hour 3.75 8761 Vibrator,Concrete to 4 hour 1.60 Includes ground cable and 8770 Welder,Portable to 16 lead cable. hour 3.10 168 Includes ground cable and 8771 Welder,Portable to 34 lead cable. hour 6.80 Includes ground cable and 8772 Welder,Portable to 50 lead cable. hour $10.00 Includes ground cable and 8773 Welder,Portable to 80 lead cable. hour $13.76 Include pump and rear spray 8780 Truck,Water Tank Capacity 2500 Gal to 175 system. hour $28.70 Include pump and rear spray 8781 Truck,Water Tank Capacity 4000 Gal to 250 system. hour $50.00 8788 Container&roll off truck 30 yds hour $23.05 8789 Truck,Tractor 1997 Freightliner F120 430 hour $54.90 8790 Truck,Tractor 4 x 2 25000 lbs to 210 hour $42.40 8791 Truck,Tractor 4 x 2 35000 lbs to 330 hour $46.00 8792 Truck,Tractor 6 x 2 45000 lbs to 360 hour $52.75 Enclosed w/lift gate.Medium duty 8794 Truck,freight class 5 gvwr 16000-19500 Lbs hour $23.25 8795 Truck,backhoe carrier Three axle,class 8,heavy duty over 33000Lbs hour $34.50 Eenclosed w/lift gate.Heavy duty, 7,26,001 to 33,000 lbs 8796 Truck,freight class gvwr hour $31.00 Tilt and roll-back,two axle,class 7 8798 Truck heavy duty,to 33,000 gvwr hour $32.00 Tilt and roll back,three axle.class 8799 Truck, 8 heavy duty over 33,001+gvwr hour $40.60 8800 Truck,Pickup When transporting people. mile 0.54 8801 Truck,Pickup 1/2-ton Pickup Truck 4x2-Axle 160 hour $12.30 8802 Truck,Pickup 1-ton Pickup Truck 4x2-Axle 234 hour $17.65 8803 Truck,Pickup 1 1/4-ton Pickup Truck 4x2-Axle 260 hour $19.85 8804 Truck,Pickup 1 1/2-ton Pickup Truck 4x2-Axle 300 hour $22.25 8805 Truck,Pickup 1 3/4-ton Pickup Truck 4x2-Axle 300 hour $23.10 8806 Truck,Pickup 3/4-ton Pickup Truck 4x2-Axle 165 hour $13.40 8807 Truck,Pickup 3/4-ton Pickup Truck 4x4-Axle 285 Crew hour $20.80 8808 Truck,Pickup 1-ton Pickup Truck 4x4-Axle 340 Crew hour $22.85 8809 Truck,Pickup 1 1/4-ton Pickup Truck 4x4-Axle 360 Crew hour $26.40 8810 Truck,Pickup 1 1/2-ton Pickup Truck 4x4-Axle 362 Crew hour $26.75 8811 Truck,Pickup 1 3/4-ton Pickup Truck 4x4-Axle 362 Crew hour $27.50 8820 Skidder accessory 2005 JCB Grapple Claw hour 1.75 8821 Forklift,accessory 2005 ACS Grapple Bucket hour 1.50 Debris/Log (Knuckleboom 8822 Truck, Loader Loader/Truck) 230 hour $52.26 8823 Chipper-Wood Recycler Cat 16 engine 700 hour $115.00 8824 Skidder model Cat 525B up to 160 hour $62.90 8825 Skidder 40K lbs-model Cat 525C 161 and up hour $118.77 8840 Truck,service fuel and lube up to 26,000 gvwr 215-225 hour $38.65 2009 International 1,800 gal. 8841 Truck,fuel storage tank 200 hour $30.50 8842 Mobile Command Trailer (8'X 28')with 7.5 KW Generator hour $14.66 8843 Mobile Response Trailer (8'X 31')with 4.5 KW Generator? hour $13.60 8844 Mobile Command Center (unified)(RV)Ulitimaster MP-35 43 FT Long with Generator 400 hour $75.00 8845 Mobile Command Post Vehicle (RV)(In-Motion) 22-Ft Long 340 hour $31.00 RV)(Stationary) w/9.6 KW 8846 Mobile Command Post Vehicle Generator 22-Ft Long 340 hour $19.25 Mobile Command Center 48'x8'Trailer,Fully Equiped Mobile 8847 (Trailer) Command Center 48-Ft Long hour $29.45 Mobile Command Center 48'x8'When being Moved w/Truck 8848 (Trailer) Tractor 310 hour $48.90 43'x8.5'x 13.5'H with self 30kw 8849 Mobile Command Center Generator hour $52.00 8850 Mobile Command Center 2007-Freightliner MT-55,(RV) 260 hour $45.50 1990-Ford Econoline- 8851 Mobile Command Van Communication Van 230 hour $41.00 47.5'X 8.75 Fully Equip'(In 8852 Mobile Command Center motion)(RV) 410 hour $65.30 47.5'X 8.75 Fully Equip' 8853 Mobile Command Center (Stationary) 410 hour $45.00 169 8854 Mobile Command Vehicle 53'X 8.75 Fully Equip 480-550 hour $96.20 Terex/Amida AL 4000. with(4) 8870 Light Tower 500 watt lights w/10kw power unit 13.5 hour $10.68 8871 Light Tower 2004 Allmand hour 6.30 8872 SandBagger Machine Spider)automatic 4.5 hour $48.75 OH-58 KIOWA(Military)is the 8900 Helicopter same as"Bel1-20683 420 hour $474.00 OH-58 KIOWA(Military)is the 8901 Helicopter same as"Bell-206BR 420 hour $496.00 Model Bell 206-L3 Jet Range 8902 Helicopter Helicopter 650 Jet Range III-Helicopter hour $582.00 8903 Helicopter Model Bell 206L1 Long Ranger 650 Long Ranger hour $596.00 Model Bell 206LT Long Range 8904 Helicopter Twinranger 450 Twinranger hour $780.00 8905 Helicopter Model Bell 407 EMS-Ambulance 250 hour $626.00 8906 Piper-Fixed wing Model Navajo PA-31 310 hour $456.00 PA-31-350,Navajo Chieftn twin 8907 Piper-Fixed wing engine 350 hour $487.00 Model UH-60(Blackhawk) 8908 Sikorsky Helicopter medium lift Medium Lift 1890 Fire Fighter Same as S70C hour $2,945.00 Model UH-A(Blackhawk)Medium 8909 Helicopter lift Medium Lift 1890 Fire Fighter hour $5,504.00 8910 Boeing Helicopter Model CH-47(Chinook)heavy lift Heavy Lift 2850 Fire Fighter hour $10,750.00 8911 Helicopter-light utility Model Bell 407GX-7 seater 7-Seaters 675 Passenger Aircraft hour $621.00 8912 Helicopter-light utility Modle Bell 206L-7 seater 7-Seaters 420 Passenger Aircraft hour $596.00 8913 Helicopter Model Bel1-206L4 726 hour $576.00 8914 King Air 200 Turboprop Aircraft Blackhawk King Air B200XP61 669 hour $1,316.00 8915 Turboprops Blackhawk Aircraft Blackhawk Caravan XP42 A 850 hour $697.00 8916 Turboprops Blackhawk Aircraft King Air C90 XP135 A 550 hour $1,075.00 8917 Aerostar Piston Aircraft Aerostar 601P 290 hour $447.00 Overhead/Underground Wire 8943 Wire Puller Machine Overhead Wire Pulling Machine 30 Pulling Machine hour $19.85 Overhead Wire Tensioning 8944 Wire Tensioning Machine 3000 Lbs Machine hour $14.50 8945 Aerial Lift model 2008 Genie Scissor Lift hour 6.30 170 CERTIFICATE OF COVERAGE ISSUED ON: 6/22/2018 COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER:PX2FL1 0502003 16-02 COVERAGE PERIOD:10/1/2016 TO 10/1/2018 12:01 AM COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage period indicated.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded by the agreement described herein subject to all the terms,exclusions and conditions of such agreement. Mail to:Certificate Holder Designated Member Dept.of Community Affairs City of Boynton Beach Division of Emergency Mgmt. P.O.Box 310 2555 Shaumard Oak Blvd. Tallahassee.FL 32399-2100 Boynton Beach,FL 334250310 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability,Bodily Injury,Property Damage and Personal Injury Limit$2,000,000 5200,000/$300,000 SIR X Self Insured Workers'Compensation X Public Officials Liability 500,000 Self Insured Retention Limit$4,000,000 200,000 SIR X Statutory Workers'Compensation X Employment Practices Liability Limit 54.000,000 200,000 SIR X Employers Liability X Employee Benefits Liability 1,000,000 Each Accident Limit$2,000,000 200,000/$300,000 SIR 1, 000,000 By Disease 1,000,000 Aggregate Disease X Law Enforcement Liability Limit$2,000,000 200,000/$300,000 SIR PROPERTY COVERAGE AUTOMOBILE COVERAGE X Buildings&Personal Property Automobile Liability Per schedule on file with $25,000 Deductible Limit$2,000,000 100,000 SIR TrustLimit X All Owned Note:See coverage agreement for details on wind,flood,and other Specifically Described Autos deductibles.X Hired Autos X Rented,Borrowed and Leased Equipment X Non-Owned Autos Limit$300,000 TIV See Schedule for Deductible Automobile Physical Damage X Total All other Inland Marine X Comprehensive See Schedule for Deductible Limit$7,539,945 11V See Schedule for Deductible X Collision See Schedule for Deductible X Hired Auto with limit of 5100,000 CRIME COVERAGE X Employee Dishonesty Limit$50.000 1.000 Deductible X Forgery or Alteration Garage Keepers Limit$50,000 1.000 Deductible Liability Limit X Theft Disappearance&Destruction Liability Deductible Limit$50,000 1,000 Deductible Comprehensive Deductible X Computer Fraud Collision Deductible Limit$50,000 1,000 Deductible NOTE:Additional Covered Party status is excluded for non-governmental entities.The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss. Description of Operations/Locations/Vehicles/Special items: All Operations usual to a City Government including the Department of Community Affairs,Division of Emergency Mgmt.with respect to the State Wide Mutual Aid Agreement. This section completed by member's agent,who hears complete responsibility and liability for its accuracy. This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the agreement above. Administrator CANCELLATIONS Public Risk Underwriters®, SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, PREFERRED GOVERNMENTAL INSURANCE TRUST WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE,OR 10 DAYS P.O.Box 958455 WRITTEN NOTICE FOR NON-PAYMENT OF PREMIUM,TO THE CERTIFICATE HOLDER NAMED ABOVE.BUT FAILURE TO MAIL Lake Mary,FL 32795-8455 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE.PROGRAM,ITS AGENTS OR REPRESENTATIVES. Producer The Gehring Group 4200 Northcorp Parkway Suite 185 Palm Beach Gardens,FL 33410 W AUTHORIZED REPRESENTATIVE PGIT-CFRT f I I/09)PRINT FORM 6/22/2018 171 r Preferred June 22,2018 Dept. of Community Affairs Division of Emergency Mgmt. 2555 Shaumard Oak Blvd. Tallahassee, FL 32399-2100 Re: Coverage Agreement- PX2FL1 0502003 16-02 City of Boynton Beach Effective Date: 10/01/2016 to 10/01/2018 To Whom It May Concern: Preferred Governmental Insurance Trust is unable to name non-governmental entities as an additional covered party due to Florida Statute 768.28. Non-governmental entities do not enjoy sovereign immunity protection under Florida law. Coverage through the Preferred Governmental Insurance Trust is predicated upon the concept of sovereign immunity among all its members. Accordingly, entities which are not eligible for sovereign immunity protection under F.S. 768.28 may not be an additional covered party under the Preferred coverage agreement. We appreciate your understanding. Margaret E. Gross, CPCU Director of Underwriting If Additional Covered Party status was not requested on the attached certificate, the provisions in this letter do not apply.** Administered by PUBLIC RISK UNDERWRITERS P.O. Box 958455 +Lake Mary, FL 32795-8455 •Phone: 321-832-1450 172 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-156- Approve agreement in the amount of $72,000 with Kaiser Consulting Group, LLC for receiving and relocating 12 Gopher Tortoises from the East Water Treatment Plant and authorize the City Manager to sign the related agreement. Requested Action: Staff recommends approval of Proposed Resolution No. R24-156. Explanation of Request: The City needs to relocate 12 Gopher Tortoises from the East Water Treatment Plant to prevent undermining of infrastructure on site and to allow activities related to planning for the future of the East Water Plant. Kaiser Consulting Group, LLC. is the owner of the only site in this area willing to accept relocation of more than 10 Gopher Tortoises. The total cost for the Gopher Tortoise receiving site is $72,000. How will this affect city programs or services? As we evaluate options for treatment requirements for future drinking water regulations at the East Water Treatment Plant site, space for treatment processes will be needed. Existing infrastructure at the plant has potential to be undermined and necessary work at the plant may require additional permissions if Gopher Tortoises continue to be on site. Fiscal Impact: The fiscal impact is $72,000 to Kaiser Consulting Group, LLC from account # 403-5000-533.65-02. Attachments: R24-156 Agenda_Item_1767-2023_Resolution_for_Kaiser_Consult.docx Exhibit A to Resolution - Agreement City of Boyton Beach.doc Sole Source Form - Tortoises Removal - Signed 7/1/2024 173 RESOLUTION NO. R24-1561 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN AGREEMENT WITH KAISER CONSULTING 4 GROUP LLC AND ENERCON FOR GOPHER TORTOISE RECIPIENT SITE 5 PERMITTING AND DELIVERY TO THE RECIPIENT SITE FOR AN AMOUNT OF 6 $72,000; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the City needs to relocate 12 Gopher Tortoises from the East Water Treatment 9 Plant to prevent undermining of infrastructure on site and to allow activities related to planning 10 for the future of the East Water Plant; and11 WHEREAS, Kaiser Consulting Group, LLC is the owner of the only site in this area willing 12 to accept the relocation of more than 10 Gopher Tortoises; and13 WHEREAS, the total cost for the Gopher Tortoise receiving site is $72,000; and14 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 15 the best interests of the citizens and residents of the City to approve an Agreement with Kaiser 16 Consulting Group, LLC and Enercon for Gopher Tortoise Recipient Site Permitting and Delivery to 17 Recipient Site for an amount of $72,000. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT:21 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption.23 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve a Consulting Agreement between Kaiser Consulting Group, LLC, Enercon, and the City for 25 Gopher Tortoise Recipient Site Permitting and Delivery to Recipient Site for an amount of $72,00026 (the “Agreement”), in form and substance similar to that attached as “Exhibit A.” 27 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 28 authorizes the City Manager to execute the Agreement and such other related documents as may 29 be necessary to accomplish the purpose of this Resolution.30 SECTION 4.One fully-executed original of the Agreement shall be retained by the City 31 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to 32 174 Bryan Heller and Poonam Kalkat to forward to the Consultants.33 SECTION 5.This Resolution shall take effect in accordance with law.34 35 PASSED AND ADOPTED this 16th day of July 2024.36 CITY OF BOYNTON BEACH, FLORIDA37 YES NO38 Mayor – Ty Penserga __________39 40 Vice Mayor – Aimee Kelley __________41 42 Commissioner – Angela Cruz __________43 44 Commissioner – Woodrow L. Hay __________45 46 Commissioner – Thomas Turkin __________47 48 VOTE ______49 ATTEST:50 51 ___________________________________________________________52 Maylee De Jesús, MPA, MMC Ty Penserga53 City Clerk Mayor54 55 APPROVED AS TO FORM:56 (Corporate Seal)57 58 _______________________________59 Shawna G. Lamb60 City Attorney61 175 KAISER CONSULTING GROUP 931 S. Ridgewood Avenue, Suite B3, Edgewater, FL 32132 386.478.8022 office 386.426.8820 fax mwilson@kaiserconsultinggroup.com June 26, 2024 Kaiser Consulting Group, LLC. 931 S. Ridgewood Avenue, Suite B3 Edgewater, FL 32132 Hereinafter referred to as KCG AND Enercon 11631 Kew Gardens Ave. Suite 100 Palm Beach Gardens, FL 33410 Hereinafter referred to as CONSULTANT AND City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Hereinafter referred to as CLIENT Re:Gopher Tortoise Recipient Site Permitting 124 E. Woolbright Rd. - Palm Beach County We appreciate the opportunity to assist CONSULTANT with the coordination of the recipient site permitting for the above-mentioned project. The following agreement is valid for 30 days and are agreed to: 1.Gopher Tortoise Recipient Site Permitting –The CONSULTANT will prepare and submit a Conservation Permit or a 10 or Fewer Burrows Permit application; whereas, KCG will provide the required recipient site documentation, density information, and other required exhibits for the CONSULTANT’s use to complete an application suitable for submission to the FWC. The CONSULTANT will provide a copy of the permit application, approved permit, and completion report to KCG. The population targeted for relocation totals 12 tortoises. At the execution of this agreement, CLIENT will remit a pre-payment of $72,000.00 (12 tortoise capacity times $6,000.00 per adult tortoise). 2.Delivery to Recipient Site –Prior to transport of tortoises, the CONSULTANT will provide KCG with a copy of the relocation permit signed by the permittee with a minimum notice of 24-hours prior to commencement. Upon completion of the on-site excavation KCG will pick up and deliver the gopher tortoises to the recipient site with a completion report showing the number of tortoises, markings, etc. that will be presented and approved by both KCG and CONSULTANT 3.Payment - At the execution of this agreement, it is the CONSULTANT’s responsibility to request all necessary documentation from KCG, such as, workman’s compensation, COI, W-9, etc. prior to relocation. Withholding payment 176 931 S. Ridgewood Avenue, Suite B3, Edgewater, FL 32132 386.478.8022 office 386.426.8820 fax mwilson@kaiserconsultinggroup.com due to lack of any documentation will result in a Breach of Contract (see section 7). Upon completion of the project or phase of the project, the CLIENT will be invoiced for the actual number of tortoises ($6,000.00 per the actual number of tortoises with a carapace of 130mm and greater (to include the category of sub-adult tortoise with a carapace of between 130mm and 219mm); $3,000.00 per tortoise times the actual number of juvenile tortoises with a carapace of 129mm or less; tortoises with a carapace of 59mm and less, there will be no acceptance fee charged for those tortoises relocated. At the end of the project, if the number of tortoises relocated is less than 12, KCG will refund the excess of the prepaid balance held by KCG after the final FWC After Action Report has been completed, finalized and approved by FWC which completes/voids the permit. If actual number of tortoises exceeds the 12 tortoise count,CONSULTANT will be responsible for amending the permit and entering into a separate Agreement for the additional number of tortoises. The acceptance fee includes all recipient site costs including recipient site surveying, starter burrows, silt fencing/hay bailing, and recurring maintenance and monitoring as required by current FWC guidelines. The agreed upon tortoise fees are valid for the duration of the permit for up to one (1) year from date of initial permit issuance. Subsequent permits and agreements are subject to change. 4.Additional Fees – Failure to abide by FWC guidelines and regulations that result in KCG relocation during a Saturday, Sunday or a day that has been recognized as a public or legal holiday will incur an additional fee of $500.00 per tortoise relocated. This is the responsibility of the CONSULTANT to provide a minimum of a 24- hour notice of commencement to KCG prior to relocation of tortoises to avoid such occurrence. 5.Maintenance Fees – Failure to fulfill relocations on permitted tortoises within 3 months of issued FWC permit, KCG will assess a 5% maintenance fee with an invoice or against your deposit on any tortoises not relocated. Maintenance fee will be assessed every 3 months until the issued FWC permit is either closed or expired. 6.Permit Conditions/Extensions/Expirations – KCG reserves the right to grant or decline permit amendments and/or extensions. If there is a modification to an application or extension of the permit, there may be additional cost associated with having to comply with changes to FWC regulations implemented since the date of this agreement. At the expiration of the agreement and permit, if a permit extension is required, KCG may reevaluate the fees and increase said fees to the limit of the current cost at the recipient site. As such, this Agreement supersedes all prior and contemporaneous agreements, representations and understandings by all parties. 7.Breach of Contract –If payments have not been conveyed to KCG by the CLIENT within the stipulated timeframe for the received gopher tortoises, this will constitute a breach of Agreement. Therefore, KCG reserves the right to refuse any additional tortoises until full payment has been made. In addition to, the CONSULTANT may also be denied future reservations due to lack of payment. 8.Additional Terms. a.Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by CLIENT nor shall 177 931 S. Ridgewood Avenue, Suite B3, Edgewater, FL 32132 386.478.8022 office 386.426.8820 fax mwilson@kaiserconsultinggroup.com anything included herein be construed as consent by CLIENT to be sued by third parties in any matter arising out of this Agreement. b.Discriminatory Contractor and Scrutinized Companies Lists; Countries of Concern. KCG represents that it has not been placed on the “discriminatory Contractor 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. KCG represents and certifies that it is not, and for the duration of the Term will not be, ineligible to contract with CLIENT on any of the grounds stated in Section 287.135, Florida Statutes. KCG represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. c.Public Entity Crimes Act. KCG 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. KCG 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 KCG has been placed on the convicted vendor list. d.Anti-Human Trafficking. On or before the Effective Date of this Agreement, KCG shall provide CLIENT with an affidavit attesting that the KCG does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 178 931 S. Ridgewood Avenue, Suite B3, Edgewater, FL 32132 386.478.8022 office 386.426.8820 fax mwilson@kaiserconsultinggroup.com Re: 124 E. Woolbright Rd. Agreed and Signed by the parties: Kaiser Consulting Group, LLC. 6/26/24 J Michael Wilson, Managing Member Date Kaiser Consulting Group, LLC Enercon July 2, 2024 Authorized Signature Date Greg Juszli, Natural Resources Lead Printed Name, Title City of Boynton Beach Authorized Signature Date ____________________________________ Printed Name, Title 179 180 181 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-157- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. Requested Action: Staff recommends approval of Proposed Resolution No. R24-157. Explanation of Request: The Fleet Maintenance Division is submitting twenty-two (22) units to be disposed of at auction by using the online auctioneer JJ Kane Auctioneers. These proceeds will generate revenue for the Fleet Maintenance Fund. The division has verified that the units are no longer of use and have completed all proper documentation for disposal. How will this affect city programs or services? The disposal of obsolete, damaged, and surplus vehicles/equipment will remove the need to store the items and allow the Finance Department to remove the items from the City’s fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund and will be used for the future procurement of vehicles/equipment. Attachments: R24-157 Agenda_Item_1792-2023_auction_for_disposal (1).docx Exhibit A to Resolution - Vehicle Surplus List - July 2024.pdf JJ_Kane_Contract_Agreement.pdf 182 RESOLUTION NO. R24-1571 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA,APPROVING THE AUCTION OF THE 4 VEHICLES/EQUIPMENT SUBMITTED BY THE FLEET MAINTENANCE DIVISION 5 FOR DISPOSAL BY USING THE ONLINE AUCTIONEERS JJ KANE 6 AUCTIONEERS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, on August 15, 2023, the City Commission approved Resolution No. R23-102 10 approving an Agreement with JJ Kane Auctioneers to facilitate the sale at public auction of City-11 owned vehicles and equipment that have been identified as surplus; and12 WHEREAS,the Fleet Maintenance Division is submitting twenty-two (22) units to be 13 disposed of at auction by using the online auctioneer JJ Kane Auctioneers; and 14 WHEREAS, the Fleet Maintenance Division has verified that the units are no longer of use 15 and have completed all proper documentation for disposal, and requests the City Commission’s 16 review, evaluation, and approval to sell the surplus vehicles/equipment; and 17 WHEREAS, the proceeds will generate revenue for the Fleet Maintenance Fund; and18 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 19 the best interests of the citizens and residents of the City to approve the auction of the 20 Vehicles/Equipment submitted by the Fleet Maintenance Division for disposal by using the online 21 auctioneers JJ Kane Auctioneers.22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the auction of the Vehicles/Equipment submitted by the Fleet Maintenance Division for 29 disposal by using the online auctioneers, JJ Kane Auctioneers. A copy of the Vehicle List to be 30 auctioned is attached hereto and incorporated herein as Exhibit “A.”31 SECTION 3.This Resolution shall take effect in accordance with law.32 183 PASSED AND ADOPTED this 16th day of July 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 184 Public Works Department Fleet Management & Mobility Division Vehicle Surplus List - July 2024 UNIT #YEAR MAKE MODEL DESCRIPTION VIN # OR SERIAL #DEPARTMENT 2002 2010 FORD FOCUS COMPACT SEDAN 1FAHP3EN8AW235724 COMMUNITY STANDARD 5902 2009 CHEVY SILVERADO PICKUP TRUCK 3/4 TON 1GCHC44K79F161730 COMMUNITY STANDARD 4353 2013 CHEVY TAHOE SPORT UTILITY FULL SIZE PURSUIT 1GNLC2E06DR289516 FACILITIES 3311 2013 FORD FUSION MID SIZE SEDAN 3FA6P0G70DR283021 FIRE 3409 2014 FORD FUSION MID SIZE SEDAN 3FA6P0G76ER339173 FIRE 2032 2010 CHEVY SILVERADO PICKUP TRUCK 1 TON 4WD WITH LIGHT CRANE1GB6KZB6XAF114956 PARKS & GROUNDS 3503 2005 FORD F-150 PICKUP TRUCK 1/2 TON 1FTRF12245NB78224 POLCE 4738 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8ARXHGD26141 POLICE 4971 2019 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR6KGA28886 POLICE 4740 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR0HGD26150 POLICE 4736 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR1HGD26142 POLICE 4744 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR4HGD26149 POLICE 4975 2019 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR8KGA28890 POLICE 4743 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR9HGD26146 POLICE 4853 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR6JGB46371 POLICE 4858 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR6JGB46368 POLICE 4861 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR8JGB46369 POLICE 4849 2018 HARLEY DAVIDSONFLHTP MOTORCYCLE 1746CC PURSUIT 1HD1FHC10JB612659 POLICE 3517 2015 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR1FGB40999 POLICE 507 2013 CHEVY EXPRESS 4500 BUS 29 PASSENGER 1GB6G5BG1D1176086 RECREATIONS 2211 2012 FORD FOCUS COMPACT SEDAN 1FAHP3E27CL216415 UTILITY ENGINEERING 2028 2010 CHEVY SILVERADO PICKUP TRUCK 1 TON WITH LIGHT CRANE 1GB6CZBK0AF134076 UTILITY PUMPING 185 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories&Supplies i JJ°Kane Contact: Dave Persad Seller Name:The City of Boynton Beach Express Mail Address(No P.O.Boxes): 222 NE 9th Ave Boynton Beach,FL 33435 Phone: 561-742-6215 Email:persadd@bbfl.us Date Emailed To Seller: 7.17.2023 This agreement(this"Agreement"), effective as of July 17th 2023, is by and among The City of Boynton Beach(hereinafter called"Seller"),J.J.Kane Exchange,LLC("Exchange"), and J.J.Kane Associates Inc. d/b/a "J.J. Kane Auctioneers," "Ken Porter Auctions" and "First Capitol Auction" ("Associates" and, together with Exchange, hereinafter called "Auctioneer"), acting as agent for Seller. Seller and Auctioneer,intending to be legally bound,hereby agree as follows: 1) Term and Termination. The term of this Agreement shall begin on the date hereof and shall continue until terminated by either party hereto. Either party hereto may terminate this Agreement at any time upon 60 days' prior written notice to the other party. Upon termination of this Agreement, Auctioneer shall provide written notice to Seller describing any unsold Auction Items(defined below) and, unless otherwise mutually agreed to by the parties hereto, Auctioneer shall be permitted to attempt to sell such Auction Items at auction for an additional 60 days following the effective date of the termination of this Agreement. At the end of such additional 60 day period, any unsold Auction Items will be released to Seller; provided, that Seller shall be required to reimburse Auctioneer for any and all expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning, and other related costs of preparing such unsold Auction Items for sale prior to Auctioneer's release of such Auction Items to Seller. 2) Engagement. a) Seller hereby engages Auctioneer to facilitate the sale at public absolute auction sale Seller's property identified by Seller(the"Auction Item"), excluding any chemicals,hazardous materials or other environmentally unsafe equipment or materials unless mutually agreed upon in writing by Seller and Auctioneer. i) Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Auction Items that are offered for sale under this Agreement. The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical substances and materials will be performed in accordance with all applicable federal,state and local laws and regulations. Seller acknowledges and agrees that in the event a spill has occurred, notification by Auctioneer to certain federal, state and/or local agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any applicable laws and regulations. All clean-up/proper disposal costs will be billed back to Seller and deducted from Seller's sale proceeds. If said proceeds do not cover the total cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 04469614.15 1 186 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories & Supplies business days of dated invoice. The obligations set forth in this Section 2 shall survive the termination or expiration of this Agreement. b) Seller hereby acknowledges and agrees that any auction conducted over the internet via online bidding will be conducted by Exchange and any applicable third party internet auction platform. c) Auctioneer may, in its sole discretion, accept or reject any Auction Items proposed for auction sale by Seller. 3) Auctioneer Personnel. Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly performance of the auction sale contemplated by this Agreement. Auctioneer shall employ qualified personnel to perform these jobs and shall perform the engagement contemplated by this Agreement in a professional and skilled manner. 4) As-Is&Where-Is Auction Sales. a) Auction Items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by Auctioneer. All Auction Items will be sold on an"As-Is Where-Is" basis without any warranties of any kind,expressed or implied. b) Seller agrees to disclose to Auctioneer any known defects or faults with Auction Items prior to listing such Auction Items with Auctioneer for sale. c) In the case that a known defect or condition of any Auction Item is not disclosed by Seller to Auctioneer prior to listing, Auctioneers shall have the right, in its sole discretion,to declare such Auction Item a"No Sale" in which case Seller shall retain possession of such Auction Item and reimburse Auctioneer for any and all costs and expenses incurred by Auctioneer in connection with the transportation,storage,decommissioning and sale preparation of such Auction Item. d) In accordance with applicable state and federal emissions regulations, Seller shall notify Auctioneer of any alterations of OEM emission systems that have occurred on vehicle or equipment Auction Items (e.g., dpf, def, system deletes or other engine control software or hardware alterations not approved by OEM). 5) Marketable Title. a) Seller specifically represents and warrants to Auctioneer that Seller is the sole owner of, and has good, valid and marketable title to, all of the Auction Items to be sold by Auctioneer pursuant to this Agreement, free and clear of any liens, security interests, mortgages, debts or other encumbrances or restrictions of any kind not otherwise disclosed in writing by Seller to Auctioneer on or prior to the date of this Agreement. Seller further represents and warrants that there are no outstanding judgments or liens against Seller and that there are no legal actions, claims or proceedings pending or, to the knowledge of Seller, threatened against or adversely affecting Seller whatsoever which in any way would hinder, prevent or otherwise affect Seller's or Auctioneer's right or ability to sell the Auction Items at auction sale. b) Seller acknowledges and agrees that Auctioneer may elect to conduct UCC lien searches on any Auction Items deemed necessary by Auctioneer,in its sole discretion. Seller shall be responsible for the cost of any such lien searches payable in accordance with Section 11(c)below. c) Seller agrees to deliver, upon Auctioneer's request, any documents, certificates, proofs of ownership or titles that may be required to effectively deliver and convey title to the Auction Items sold by Auctioneer pursuant to this Agreement. d) In the case that there is a delay in the new purchaser receiving a free and clear title to any vehicle or trailer Auction Items sold hereunder,the net proceeds from the sale will be held by Auctioneer until a free and clear title is delivered to the purchaser; provided, that, at the election of Auctioneer,in its sole discretion,the applicable Auction Item may be withdrawn from the auction sale and remain Seller's property. 04469614.15 2 187 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies e) Seller acknowledges and agrees that, although Auctioneer guarantees free and clear title to the purchaser of each Auction Item and Auctioneer will use its commercially reasonable best efforts to obtain and convey such title in accordance with applicable law, Auctioneer shall in no way be responsible for any losses, damages, costs, expenses or fees (including, without limitation, attorneys' fees)arising out of or relating to any delay in obtaining and/or conveying free and clear title to the purchaser of any Auction Item sold hereunder. f) Seller acknowledges and agrees that, if requested, Auctioneer may provide the name of Seller to the applicable purchaser of any vehicle Auction Item sold hereunder. g) If Seller is a motor vehicle dealer, Seller's dealer state&dealer number are as follows: (list dealer state&dealer number): h) The obligations set forth in this Section 5 shall survive the termination or expiration of this Agreement. 6) Titles On-Site. a) Seller agrees to deliver or cause to be delivered to Auctioneer all signed certificates of title, letters of authorization to sell vehicle Auction Items and any other related paperwork (e.g., a seller- specific bill of sale)no later than 10 days prior to the applicable auction sale. b) In order to comply with applicable motor vehicle rules and to enable new purchasers to assume ownership with minimal problems, a letter of authorization on Seller's letterhead must accompany all certificates of title associated with Auction Items. Set forth below is a sample letter: To Whom It May Concern: SELLER NAME] hereby authorizes J.J. Kane Auctioneers to sell vehicles and/or equipment owned by at the auction sale conducted on Saturday, in Sincerely, SELLER NAME] DATE] 7) Delivery of Auction Items. Unless Seller requests for Auctioneer to arrange for the pickup and transportation of any Auction Items to the applicable auction site by a third party service provider in accordance with Section 11(b) below, Seller shall deliver or cause to be delivered the Auction Items to the auction sale site no later than ten days prior to the applicable auction sale or to such other location agreed to in writing by Auctioneer. All Auction Items shall be delivered to Auctioneer in running condition(except as noted by Seller)with adequate fuel levels and a duplicate set of keys. 8) Insurance Coverage. a) Seller shall, at their own expense, maintain and carry in full force and effect appropriate insurance coverage on the Auction Items being sold hereunder until the day of the auction sale. b) Auctioneer and owner of the auction sale site property will not be responsible for any damages to Auction Items resulting from acts of nature, theft, accident and/or vandalism while such Auction Items are located at the sale site. c) Auctioneer shall be responsible for any loss or damage to Auction Items due to Auctioneer's willful or negligent acts or omissions. 9) Commission. 04469614.15 3 188 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies a) Seller agrees that Auctioneer will charge the buyer of each Auction Item sold hereunder a base buyer's fee equal to 10% of the gross sale price paid for such Auction Item, subject to increase depending on the applicable (i) sales platform (e.g., live auction or internet only), (ii) type of buyer (on-site or internet) and/or (iii) Auction Item location, which shall not exceed 15% of the gross sales price paid for the Auction Item. b) [Seller agrees to pay Auctioneer a Seller's commission equal to 0% of the total gross sale price for sold Auction Items.] c) Seller agrees that, when applicable, Auctioneer may deduct its commission from the gross proceeds of the auction sale. 10)Non-Sales. a) In the event that a successful bidder fails to pay for an Auction Item for which such bidder is designated to be the high bidder, then the applicable Auction Item will be deemed a"Non-Sale," no commission will be charged on such Auction Item and Seller will retain ownership of such Auction Item. b) In certain instances Auctioneer may be required to refund the would-be purchaser of an Auction Item that has been deemed a"Non-Sale."In the event Seller has already received the proceeds for such a"Non-Sale"Auction Item, Auctioneer will be entitled to relist the Auction Item on Seller's behalf. Seller agrees to assist Auctioneer in obtaining all title and registration paperwork necessary to relist the Auction Item (including duplicate title). Auctioneer will not assume ownership of the Auction Item at any time. Seller agrees that Auctioneer shall be entitled to use the proceeds of any auction sale following such a relisting to recover any amounts previously refunded to the would-be purchaser, together with administrative fees and costs as may be charged or incurred by Auctioneer. 11) Reimbursed Expenses. c) If applicable and pre-approved by Seller, Seller agrees that Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. 1) Advertising: 2) Decommissioning&Washing: $ 3) Repairs: 4) Other: d) If Seller requests for Auctioneer to arrange for the pickup and transportation of Auction Items by a third party service provider,Auctioneer will invoice Seller a transportation fee equal to the cost of pickup and transportation plus 10%. e) If Auctioneer elects to conduct UCC lien searches on any Auction Items,Auction will be entitled to deduct the cost of such lien searches from the gross proceeds of the auction sale or, if no sale occurs,invoice Seller for such cost. 12) Payment. a) Auctioneer will charge and collect from the purchaser the purchase price for the Auction Items sold at the auction sale,together with all applicable taxes. Auctioneer will collect payment in full from the purchaser prior to the removal of any Auction Items from the auction site. Seller shall be responsible for the payment of all income taxes resulting from or payable in connection with the sale of the Auction Items hereunder. b) Within 14 business days following the auction sale, Auctioneer shall to remit to Seller the net proceeds from the Auction Items sold at auction, less Auctioneer's applicable commission as outlined in Section 9 above and any expenses as outlined in Section 11 above, together with a written report listing all Auction Items sold by Auctioneer and proof of payment for expenses. Payment shall be made by Auctioneer via electronic transfer or by a check made payable to 04469614.15 4 189 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories& Supplies Seller. Any proceeds check will be made payable to Seller and mailed to the same name and address of Seller set forth on the first page of this Agreement unless otherwise directed in writing by Seller. 13)Absolute Unreserved Auction Sales. a) Seller understands that Auctioneer conducts absolute unreserved public auction sales where each Auction Item is sold to the highest bidder regardless of price. b) Furthermore, Seller understands/agrees that it is illegal for Seller or any agent thereof to bid on and/or buy-back any Auction Items owned by Seller. c) If Seller or any agent of Seller attempts to bid on and/or buy back any of the Auction Items, Auctioneer will,at Auctioneer's discretion,choose one of the following actions: 1) Pass the Auction Item currently being offered for sale along with all other Auction Items. 2) Sell the Auction Item to the last"Good Faith"bidder before Seller or its agent began bidding on such Auction Item. d) Seller shall reimburse Auctioneer for any lost revenue,including seller's commission,buyer's fee and/or any pre-approved reimbursed expenses in the event of a"Buy Back". 14)Advertised Auction Items. At Auctioneer's discretion,in the event that Seller removes any advertised Auction Item from the auction sale, Seller agrees to pay Auctioneer a handling fee of$500.00 for each such Auction Item that is removed from the sale. 15) Breach of Contract. In the event that Seller breaches any covenant or makes any misrepresentation in this Agreement, Seller agrees to indemnify, defend and hold Auctioneer harmless from any and all costs, expenses,damages and liabilities arising out of or relating to such breach or misrepresentation, including, without limitation, attorneys' fees and other costs incurred by Auctioneer in any action or proceeding arising out of or relating to such breach or misrepresentation. The obligations set forth in this Section 15 shall survive the termination or expiration of this Agreement. 16) Indemnification. Seller hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, "Indemnified Persons") harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys' fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to: (a) Seller's ownership and maintenance(or lack thereof) of the Auction Items, (b)the condition of the Auction Items at time of auction,(c)the applicable purchaser's use of the Auction Items and/or any property damage or bodily injury arising therefrom,(d)any title defects or delays in delivering free and clear title to the Auction Items, (e) any breach of this Agreement by Seller, (f) any violations of applicable state and federal laws, including, without limitation, state and federal emissions laws and regulations, or (g) the enforcement of this indemnity by Auctioneer.The obligations set forth in this Section 16 shall survive the termination or expiration of this Agreement. 17)Entire Agreement:Headings. a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations,written or oral,other than those contained in this Agreement. This Agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 04469614.15 5 190 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories & Supplies 18)Digger Derricks and Aerial Devices. a) Section 18(b) below shall apply to digger derricks and the following vehicle-mounted aerial devices(hereinafter referred to as an"aerial device")sold as Auction Items hereunder: 1) Extensible boom aerial devices; 2) Aerial ladders; 3) Articulating boom aerial devices; 4) Vertical towers; and 5) A vehicle or other combination of any of the above,which vehicle may be a truck,a trailer,or an all-terrain vehicle. b) Seller acknowledges and agrees that it shall be the sole and exclusive responsibility of Seller to provide Auctioneer with, and Seller shall provide to Auctioneer, all of the operations, maintenance and manufacturer's manual(s) (collectively, "Manuals") for each digger derrick or aerial device to be auctioned by Auctioneer hereunder and that such responsibility shall continue in perpetuity notwithstanding Auctioneer's auction of the corresponding digger derrick or aerial device for Seller. In the event Seller does not provide all Manuals for each digger derrick or aerial device to Auctioneer, Auctioneer shall, in its own discretion, refuse to auction the associated digger derrick or aerial device until such time as the Manuals have been provided by Seller to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser of a digger derrick or aerial device within a reasonable time following completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A92.2-2009 (including,without limitation, Section 8.7 thereof)and A10-31 in full, including, without limitation, section 8.7 thereof. Seller hereby acknowledges and agrees that failure by Seller to provide all Manuals for any digger derrick or aerial device sold at public auction hereunder shall be deemed a breach of Section 15 above for which Auctioneer shall be entitled to indemnification pursuant to Section 16 above. Signature Page Follows] 04469614.15 6 191 192 City of Boynton Beach Agenda Item Request Form 6.J Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-158- Approving the Conditional Settlement Agreement and Release totaling $275,000 in connection with Claim No. PGCS 426943/Tristar 24911534. Requested Action: Staff recommends approval of Proposed Resolution No. R24-158. Explanation of Request: The Code of Ordinances of the City of Boynton Beach, Florida, provides that the settlement of all claims in excess of $50,000 requires approval of the City Commission. The Plaintiff brought a claim stemming from an alleged incident that occurred within the course and scope of her employment on or about December 13, 2023, to wit: Claim No.: PGCS 426943 /Tristar 24911534. A Conditional Settlement Agreement and Release was reached with the Plaintiff in the amount of $275,000 in exchange for a general release of all claims for past and future benefits, medical expenses, and damages, including all attorney’s fees and costs. The City is responsible for $200,000 of the settlement amount. How will this affect city programs or services? N/A Fiscal Impact: The account number for this transaction should be 522-1710-519.49-20. Attachments: R24-158 Agenda_Item_1821-2023___Resolution_approving_Settlement_Agreement.docx 193 RESOLUTION NO. R24-1581 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT 4 AGREEMENT AND RELEASE OF CLAIM NO. PGCS 426943/TRISTAR 5 24911534 TOTALING $275,000; PROVIDING AN EFFECTIVE DATE; AND 6 FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the Code of Ordinances of the City of Boynton Beach, Florida, provides that 9 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 10 Commission by formal resolution; and11 WHEREAS, the Claimant brought a claim for damages stemming from an alleged work-12 related incident that occurred while in the course and scope of employment on or about13 December 13, 2023, to wit: Claim No. PGCS 426943/Tristar 24911534; and14 WHEREAS, a Conditional Settlement Agreement and Release was reached with the 15 Plaintiff for a total amount of $275,000 in exchange for general release of all claims, including 16 all attorney’s fees and costs; and17 WHEREAS, the City’s portion of settlement responsibility is $200,000, which reflects the 18 remaining amount of deductible for the claim, with the remainder to be paid by the City’s 19 Insurance; and 20 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 Conditional 22 Settlement Agreement and Release of Claim No. PGCS 426943/Tristar 24911534 totaling 23 $275,000.24 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 Conditional Settlement30 Agreement and Release for $275,000, with the City paying $200,000 in connection with Claim 31 No. PGCS 426943/Tristar 24911534, attached as “Exhibits A”and “Exhibit B.”32 194 SECTION 3.The fully executed Conditional Settlement Agreement, Release, and Final 33 Order Approving Settlement shall be retained by the City Clerk as a public record of the City.34 SECTION 4.This Resolution shall take effect as provided by law.35 PASSED AND ADOPTED this 16th day of July 2024.36 CITY OF BOYNTON BEACH, FLORIDA37 YES NO38 39 Mayor – Ty Penserga _____ _____40 41 Vice Mayor – Aimee Kelley _____ _____42 43 Commissioner – Angela Cruz _____ _____44 45 Commissioner – Woodrow L. Hay _____ _____46 47 Commissioner – Thomas Turkin _____ _____48 49 VOTE ______50 ATTEST:51 ___________________________________________________________52 Maylee De Jesús, MPA, MMC Ty Penserga53 City Clerk Mayor54 55 APPROVED AS TO FORM:56 57 (Corporate Seal)_______________________________58 Shawna G. Lamb59 City Attorney60 195 City of Boynton Beach Agenda Item Request Form 6.K Consent Agenda 07/16/2024 Meeting Date: 07/16/2024 Motion to Authorize City Attorney to file an appeal in Case No. 220923-09495. Requested Action: Approve Motion to Authorize. Explanation of Request: City received an adverse decision in Case No. 220923-09495 and seeks direction from the Commission on whether to file an Appeal of the adverse award. How will this affect city programs or services? None. Fiscal Impact: NA 196 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-155- Approve and authorize the City Manager to sign a piggyback agreement with ErgoFlex Systems Inc, dba Xybix Systems, Inc., for the renovation and upgrading of the Boynton Beach Police Department's Communications Center, 2080 High Ridge Road, in an amount not to exceed $205,497.21, utilizing State of Florida Contract #43190000-22-NASPO-ACS. Requested Action: Staff recommends approval of Proposed Resolution No. R24-155. Explanation of Request: The communications center was last updated in 2012 and currently has five radio consoles. While technology continues to evolve, the communications center requires updating to maintain 24/7 services to the City's fire department, police department, and the community we serve. Upgrade of the communications center will allow for two additional radio consoles and the replacement of ten workstations. Additionally, this will allow for future expansion within our communications center as our city continues to see positive growth. How will this affect city programs or services? Upgrading the communications center will help leverage modern 911 technology and facilitate rapid and accurate call-taking and dispatching of emergency calls for service. This will enhance public safety services for the City's residents and visitors. Fiscal Impact: The annual county reimbursement for the PSAP 911 Award exceeded projections. The additional revenue ($303,446.09) will be used to fund this project. Use General Fund account number 001-2112-521-64.02. Attachments: R24-155_Agenda_Item_1758-2023_Ergoflex_Systems_dba_Xybix (1).docx Boynton_Beach_Piggyback_Contract_signed__Rev_.pdf 197 RESOLUTION NO. R24-1551 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH ERGOFLEX 4 SYSTEMS, INC. D/B/A XYBIX SYSTEMS, INC., FOR WORKSTATIONS TO BE 5 INSTALLED AT THE 911 COMMUNICATIONS CENTER LOCATED AT FIRE 6 STATION NO. 5; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS,the State of Washington, acting by and through National Association of State 10 Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication 11 Products, Services and Solutions (“Public Safety Radio”) and executed Master Agreement 00318, 12 Public Safety Communications Products, Services, and Solutions; and13 WHEREAS, on January 1, 2022, the State of Florida signed a Participating Agreement for 14 an Alternate Contract Source with Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., (“Vendor”) to 15 utilize the National Association of State Procurement Officials (NASPO) ValuePoint and awarded 16 a five (5) year agreement No. 43190000-22-NASPO-ACS (collectively the “State of Florida17 Agreement”), commencing January 1, 2022, with two (2) additional one-year renewal options; and 18 WHEREAS, the City desires to obtain workstations based on Quote No. 33942 and may 19 obtain other products and services upon amendment to this Agreement; and20 WHEREAS,the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 21 provides authority for the City to acquire or contract for services without utilizing a sealed 22 competitive method or the written quotations methods where the desired services are the subject 23 of an agreement that utilizes another government entity’s contract, provided that the contract 24 was awarded based strictly on competitive bidding; and 25 WHEREAS,in order to acquire workstations to be installed at the 911 Communications 26 Center located at Fire Station No. 5, the City’s Communication Department is requesting the City 27 enter into a Piggyback Agreement with the Vendor to obtain workstations; and 28 WHEREAS,the City and Vendor have agreed to allow the City to piggyback the State of 29 Florida Agreement; and30 31 32 198 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 33 the best interests of the citizens and residents of the City to approve a Piggyback Agreement with 34 Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., for workstations to be installed at the 911 35 Communications Center located at Fire Station No. 5.36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT:39 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption.41 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 42 approve a Piggyback Agreement, between Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., and 43 the City for workstations to be installed at the 911 Communications Center located at Fire Station 44 No. 5 (the “Piggyback Agreement”), in form and substance similar to that attached as “Exhibit 45 A.” 46 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the Mayor to execute the Piggyback Agreement and such other related documents as 48 may be necessary to accomplish the purpose of this Resolution.49 SECTION 4.One fully-executed original of the Piggyback Agreement shall be retained 50 by the City Clerk as a public record of the City. A copy of the fully-executed Piggyback Agreement51 shall be provided to Michael Johnson and Michael Dauta to forward to the Vendor.52 SECTION 5.This Resolution shall take effect in accordance with law.53 54 55 56 [signatures on following page]57 58 59 199 PASSED AND ADOPTED this 16th day of July 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 Mayor – Ty Penserga __________63 64 Vice Mayor – Aimee Kelley __________65 66 Commissioner – Angela Cruz __________67 68 Commissioner – Woodrow L. Hay __________69 70 Commissioner – Thomas Turkin __________71 72 VOTE ______73 ATTEST:74 75 ___________________________________________________________76 Maylee De Jesús, MPA, MMC Ty Penserga77 City Clerk Mayor78 79 APPROVED AS TO FORM:80 (Corporate Seal)81 82 _______________________________83 Shawna G. Lamb84 City Attorney85 200 201 202 203 204 205 Ty Penserga, Mayor 206 (Signature), Company JI �111,��� °' �r'&--.- Print Name of Authorized Official De e--1\1\JU'Title Approved as to Form: Shawna G. Lamb, City Attorney (Corporate Seal) Attested/ Authenticated: Maylee DeJesus, City Clerk Print Name Piggyback Contract -ErgoFlex Systems 7 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 Alternate Contract Source (ACS) No. 43190000-22-NASPO-ACS For Public Safety Communications Products, Services, and Solutions Page 1 of 3 This Alternate Contract Source No. 43190000-22-NASPO-ACS, Public Safety Communications Products, Services, and Solutions (Contract), is between the Department of Management Services (Department), an agency of the State of Florida (State), located at 4050 Esplanade Way, Tallahassee, FL 32399 and ErgoFlex Systems, Inc dba Xybix Systems, Inc. (Contractor), located at 8207 Southpark Circle, Littleton CO 80120, collectively referred to herein as the “Parties.” WHEREAS, the Department is authorized by section 287.042(16), Florida Statutes: To evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined by the Secretary of Management Services in writing to be cost-effective and the best value to the state, to enter into a written agreement authorizing an agency to make purchases under such contract. WHEREAS, the State of Washington, competitively procured public safety communication products, services, and solutions and executed Master Agreement 00318, (Master Agreement), with the Contractor; WHEREAS, the Secretary of Management Services has evaluated the Master Agreement and determined that use of the Master Agreement is cost-effective and the best value to the state. NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Term and Effective Date. The Master Agreement begins January 1, 2022, and its term currently ends on December 31, 2026. The Master Agreement has two years of renewals available. The Contract will become effective on the date signed by all Parties. The Contract will expire on December 31, 2026, unless terminated earlier or renewed in accordance with Exhibit A or Exhibit B, Special Contract Conditions, as applicable. 2. Order of Precedence. This Contract document and the attached exhibits constitute the Contract and the entire understanding of the Parties. Exhibits A, B, C, and this Contract document constitute the Participating Addendum to the Master Agreement and modify or supplement the terms and conditions of the Master Agreement. All exhibits listed below are incorporated by reference 237 Alternate Contract Source (ACS) No. 43190000-22-NASPO-ACS For Public Safety Communications Products, Services, and Solutions Page 2 of 3 into, and form part of, this Contract. In the event of a conflict, the following order of precedence shall apply: a) This Contract document b) Exhibit A: Additional Special Contract Conditions c) Exhibit B: Special Contract Conditions d) Exhibit C: Price Sheet e) Exhibit D: Master Agreement (including any amendments made prior to the effective date of this Contract and any subsequent amendments added to this Contract in accordance with the Modifications Section listed below) Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Agreement, such citation or reference shall be replaced by the comparable Florida law or regulation. The lack of a comparable Florida law does not limit the effectiveness of any provision in the Master Agreement except to the extent the provision conflicts with this Contract. 3. Purchases off this Contract. Upon execution of this Contract, agencies, as defined in section 287.012, Florida Statutes, may purchase products and services under this Contract. Any entity making a purchase off of this Contract acknowledges and agrees to be bound by the terms and conditions of this Contract. The Contractor shall adhere to the terms included in any contract or purchase orders issued pursuant to this Contract. 4. Primary Contacts. Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: christopher.mcmullen@dms.fl.gov Contractor’s Contract Manager: Kenneth Carson ErgoFlex Systems, Inc. 8207 Southpark Circle. Littleton, CO 80120 (303) 683-5656 kenc@xybix.com 238 Alternate Contract Source (ACS) No. 43190000-22-NASPO-ACS For Public Safety Communications Products, Services, and Solutions Page 3 of 3 5. Modifications. Any amendments to this Contract must be in writing and signed by the Parties. If amendments are made to the Master Agreement after the effective date of this Contract, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Contract, enter into a written amendment with the Department reflecting the addition of such amendments to this Contract. IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their duly authorized undersigned officials. ERGOFLEX SYSTEMS, INC. DEPARTMENT OF MANAGEMENT SERVICES dba XYBIX SYSTEMS, INC. _____________________________ _______________________________ Name: J. Todd Inman, Secretary Title: _____________________________ _______________________________ Date: Date: 239 240 1 ADDITIONAL SPECIAL CONTRACT CONDITIONS EXHIBIT A The Contractor and agencies, as defined in section 287.012, Florida Statutes acknowledge and agree to be bound by the terms and conditions of the Master Contract except as otherwise specified in the Contract, which includes the Special Contract Conditions and these Additional Special Contract Conditions. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders. B. Contractor and Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department or state agencies because of any failure of an affiliate, partner, subcontractor, reseller, distributor, or dealer. The Contractor is responsible for ensuring that its affiliates, partners, subcontractors, resellers, distributors, and dealers providing commodities and performing services in furtherance of the Contract do so in compliance with the terms and conditions of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Preferred Pricing Affidavit: It is the responsibility of the Contractor to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term in accordance with the Special Contract Conditions. D. Purchases Prerequisites: Contractor must ensure that entities receiving payment directly from Customers under this Contract must have met the following requirements: Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. Be registered in the MFMP Vendor Information Portal (https://vendor. myfloridamarketplace.com). Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) E. Punchout Catalog and Electronic Invoicing. The Contractor is required/encouraged to provide a MFMP punchout catalog. The Contractor will have 90 calendar days to implement a mandatory punchout catalog for this Contract. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. 241 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Through utilization of the punchout catalog model, a Florida buyer will “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. F. Contract Reporting: The Contractor shall provide the Department the following accurate and complete reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at https://www.dms.myflorida.com/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification 242 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity. 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the format acceptable to the Department and within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at https://www.dms.myflorida.com/business_operations/state_ purchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting . Assistance with transaction fee reporting is also available by email at feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352- 3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. G. Financial Consequences: The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. 243 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Financial Consequences Chart Deliverable Performance Metric Performance Due Date Financial Consequence for Non- Performance /Not Received by the Contract Manager Contractor will timely submit complete Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per day late Contractor will timely submit complete MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the end of each month $100 per day late No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract. H. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance I. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed a one percent transaction fee or less, or an increased fee as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. 244 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or 245 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. 246 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. J. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 247 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. 248 SP approved version 7‐1‐2019 1  SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9     SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions.   EXHIBIT B DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 249 SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 250 SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 251 SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 252 SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 253 SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 254 SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 255 SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 256 SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 257 SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 258 SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 259 SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 260 SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 261 SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 262 SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 263 SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 264 SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: C14A8171-FD22-480A-9DED-4B8A67354435 265 266 267 268 269 270 271 272 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 07/16/2024 Meeting Date: 07/16/2024 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 July 16, 2024 - "Request for Extensions and/or Piggybacks." Requested Action: 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 under $100,000 as described in Exhibit A for July 16, 2024 - "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 piggyback 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 Exhibit A (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Sage Networks, Inc. Electronic Plan Submittal and Markup Management System with Mobile Inspection Software City of Boynton Beach RFP No. 034-2410-19/EM September 15, 2024 - September 14, 2025 Annual Estimated Expenditure $200,000 How will this affect city programs or services? The renewal(s) will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted in the attached - Exhibit A. 273 Attachments: $100K Over Request for Bid Extensions - Exhibit A - July 16 2024.docx Renewal Interest Letter - Sages Networks Inc 2024-2025 signed.pdf 274 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 July 16, 2024 REQUESTING DEPARTMENT: DEVELOPMENT DEPARTMENT CONTACT: Adam Temple TERM: September 15, 2024 to September 14, 2025 SOURCE FOR PURCHASE: RFP No. 034-2410-19/EM ACCOUNT NUMBER:130-2411-524.46-91 VENDOR(S): SAGE NETWORKS, INC. ANNUAL ESTIMATED EXPENDITURE:$200,000.00 DESCRIPTION: At the Commission meeting of September 15, 2020, the City Commission awarded the RFP for Electronic Plan Submittal and Markup Management System with Mobile Inspection Software to enhance efficiencies and streamline the permitting processes. The contract's initial term was for one (1) year, from September 15, 2020, to September 14, 2021, with the option for four (4) one-year renewals exercised separately. The Development Department entered into a contract with Sages Network, Inc. to implement the software in Phases over a period of five (5) years. The Development Department requests to extend the bid term for its 4th one-year renewal with the same terms, conditions, and pricing. Renewal term September 15, 2023 – September 14, 2024. 275 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 7, 2024 Sages Networks, Inc. Attn: Harish Krishna, President 50 Hurt Plaza SE, Suite 1446 Atlanta, GA 30303 VIA EMAIL TRANSMITTAL TO: hkrishna@sagesnetworks.com RFP.: ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.: No. 034-2410-19/EM CURRENT BID TERM: SEPTEMBER 15, 2023 – SEPTEMBER 14, 2024 Dear Mr. Krishna: The current bid term for “ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE” expires September 14, 2024. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 4th renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6308. Sincerely, Taralyn Pratt Taralyn Pratt Assistant Purchasing Manager 276 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 7, 2024 RFP: ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.: 034-2410-19/EM Agreement between the City of Boynton Beach and SAGES NETWORKS, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 15, 2024 – SEPTEMBER 14, 2025 __X___ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the bid for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ SAGES NETWORKS, INC. ___________________________________ ________________________________ NAME OF COMPANY SIGNATURE HARISH KRISHNA PRESIDENT ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) 06/27/2024 678-471-7392 ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER hkrishna@sagesnetworks.com ___________________________________ E-MAIL 277 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases over $100,000 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-159- Approve a Piggyback Agreement between the City and The Sutphen Corporation for the purchase of three (3) vehicles for replacement, which are scheduled in the FY2024/FY2025, FY2025/2026, and FY2026/2027 budget years, by utilizing Sourcewell Contract 113021 in a not to exceed amount of $5,039,175, plus a contingency of twenty-two percent (22%) for vehicle increases, should these vehicles no longer be available and new models be available delivered, and authorize the City Manager to execute all documents necessary to effectuate the purpose. Requested Action: Staff recommends approval of Proposed Resolution No. R24-159. Explanation of Request: The Fleet Maintenance Division intends to award the following vendors for the purchases as follows: The Sutphen Corporation: three (3) SL-75 Sutphen Heavy Duty 75’ Mid-Mount Aerial Ladder for the Fire Department for the replacement of units by utilizing Sourcewell contract No. 113021 in a total amount not to exceed $5,039,175, plus a contingency of twenty-two percent (22%). How will this affect city programs or services? These vehicles will be used throughout the City to provide life safety and other Fire Department related services to City residents and customers. The EPA has introduced new mandates affecting current motors, leading to a projected price increase of $110,000 per truck if we delay the purchase. Historically, the City observes a 6-9% annual price increase due to inflation. Early purchases will lock in current prices and avoid these increases. Fiscal Impact: By avoiding significant cost increases, the City can allocate funds more effectively across various programs, preventing potential budget cuts or reallocations. By being proactive in purchasing these vehicles it will save potentially $110,000 per truck. The vehicles will be built and delivered in a staggered phase so payments will not become due all at once. 278 Attachments: R24-159_Agenda_Item_1690-2023_Resolution_for_Sutphen_piggyback__1___REV_ (3).docx Exhibit_A_Sutphen_Piggyback_Agreement_Final.pdf Exhibit A to Agmt - Sutphen Corp. Contract 113021 update.pdf Exhibit B SL75 PROPOSAL wX10 - Revised 7.15.24.pdf Fleet Plan combine.docx SL75 X10 COMP LIST - Revised 7.15.24.pdf Apparatus Costs 2016 vs 2023.pdf Apparatus Costs.pdf 279 RESOLUTION NO. R24-1591 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH THE 4 SUTPHEN CORPORATION TO ACQUIRE THREE (3) SUTPHEN HEAVY DUTY 5 75’ MID-MOUNT AERIAL LADDER (SL 75) COMPLETE FOR AN AMOUNT OF 6 $4,920,000, PLUS A CONTINGENCY OF TWENTY-TWO PERCENT (22%); 7 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS,Sourcewell, a State of Minnesota local government unit created under the laws 10 of the State of Minnesota that offers cooperative procurement solutions to government entities, 11 competitively procured Firefighting Apparatus and Fire Service Vehicles and on February 8, 2022, 12 executed RFP Contract 113021, Firefighting Apparatus and Fire Service Vehicles (the “Sourcewell13 Agreement”), with The Sutphen Corporation (“Vendor”), which has a four (4) year term and one 14 (1) additional one-year renewal option; and15 WHEREAS, the City desires to obtain three (3) Sutphen Heavy Duty 75’ Mid-Mount Aerial 16 Ladder (SL 75) Complete based on the Vendor’s proposal dated April 19, 2024; the City may utilize 17 this Piggyback Agreement to obtain other products and services upon amendment to this 18 Piggyback Agreement; 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 subject 22 of an agreement that utilizes another government entity’s contract, provided that the contract 23 was awarded based strictly on competitive bidding; and 24 WHEREAS,in order to acquire three (3) Sutphen Heavy Duty 75’ Mid-Mount Aerial Ladder 25 (SL 75) Complete, the City’s Fire Department is requesting the City enter into a Piggyback 26 Agreement with the Vendor; and 27 WHEREAS,the City and Vendor have agreed to allow the City to piggyback the 28 Sourcewell Agreement; and29 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 30 the best interests of the citizens and residents of the City to approve a Piggyback Agreement with 31 The Sutphen Corporation to acquire three (3) Sutphen Heavy Duty 75’ Mid-Mount Aerial Ladder 32 280 (SL 75) Complete for an amount of $4,920,000, plus a contingency of twenty-two percent (22%).33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT:36 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption.38 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve a Piggyback Agreement, between The Sutphen Corporation and the City to acquire three 40 (3) Sutphen Heavy Duty 75’ Mid-Mount Aerial Ladder (SL 75) Complete for an amount of 41 $4,920,000, plus a contingency of twenty-two percent (22%) (the “Piggyback Agreement”), in form 42 and substance similar to that attached as “Exhibit A.” 43 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Piggyback Agreement and such other related documents as 45 may be necessary to accomplish the purpose of this Resolution.46 SECTION 4.One fully-executed original of the Piggyback Agreement shall be retained 47 by the City Clerk as a public record of the City. A copy of the fully-executed Piggyback Agreement48 shall be provided to Kori Grant and Michael Dauta to forward to the Vendor.49 SECTION 5.This Resolution shall take effect in accordance with law.50 51 [signatures on following page]52 53 54 55 56 57 58 59 281 PASSED AND ADOPTED this 16th day of July 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 Mayor – Ty Penserga __________63 64 Vice Mayor – Aimee Kelley __________65 66 Commissioner – Angela Cruz __________67 68 Commissioner – Woodrow L. Hay __________69 70 Commissioner – Thomas Turkin __________71 72 VOTE ______73 ATTEST:74 75 ___________________________________________________________76 Maylee De Jesús, MPA, MMC Ty Penserga77 City Clerk Mayor78 79 APPROVED AS TO FORM:80 (Corporate Seal)81 82 _______________________________83 Shawna G. Lamb84 City Attorney85 282 283 284 285 286 287 288 for labor or services, in accordance with Section 787.06(13), Florida Statutes. 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 Ty Penserga, Mayor Approved as to Fonn: Shawna G. Lamb, City Attorney Attested/ Authenticated: May)ee DeJesus, City Clerk Piggyback Contracl • Sutphen THE SUTPHEN CORPORATION �/�� ,._ • /'-L-l-:77--�-,m-_J)� �(Si�� ,-�r Julia S. Phelps L {� S f�l,o _s Print Name of Authorized Official ·1 Vice President Title (Corporate Seal) Attest/ Authenticated: ��-(Signature), Witness � \A._ JL. '\ \A.. Print Name 7 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 113021-SUT Rev. 3/2021 1 Solicitation Number: RFP #113021 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Sutphen Corporation, 6450 Eiterman Road, Dublin, OH 43016 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Firefighting Apparatus and Fire Service Vehicles from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires February 10, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.           312 113021-SUT Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out, refurbished, or remounted Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily           313 113021-SUT Rev. 3/2021 3 apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change;           314 113021-SUT Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell           315 113021-SUT Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:           316 113021-SUT Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased           317 113021-SUT Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.           318 113021-SUT Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,           319 113021-SUT Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.           320 113021-SUT Rev. 3/2021 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract.           321 113021-SUT Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms           322 113021-SUT Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is           323 113021-SUT Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.           324 113021-SUT Rev. 3/2021 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.           325 113021-SUT Rev. 3/2021 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity 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 C.F.R. § 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. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 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 C.F.R. § 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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award 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). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 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 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names           326 113021-SUT Rev. 3/2021 16 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. Supplier 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. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have 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. Suppliers must 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 non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the 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. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation           327 113021-SUT Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.           328 113021-SUT Rev. 3/2021 18 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 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6HFWLRQSHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGDWUDGHVHFUHWDQGWKXVQRQSXEOLFGDWDXQGHU 0LQQHVRWD V'DWD3UDFWLFHV$FW   3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW  ,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI   ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVVDPJRY6$0RU   3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 113021 Vendor Name: The Sutphen Corporation           347 E\WKH6WDWHRI0LQQHVRWDWKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶V$IILGDYLWKDYHWKHOHJDODXWKRULW\WRVXEPLWWKLV 3URSRVDORQEHKDOIRIWKH3URSRVHUDQGWKDWWKLVHOHFWURQLFDFNQRZOHGJPHQWKDVWKHVDPHOHJDOHIIHFWYDOLGLW\DQGHQIRUFHDELOLW\DVLI, KDGKDQGVLJQHGWKH3URSRVDO7KLVVLJQDWXUHZLOOQRWEHGHQLHGVXFKOHJDOHIIHFWYDOLGLW\RUHQIRUFHDELOLW\VROHO\EHFDXVHDQHOHFWURQLF VLJQDWXUHRUHOHFWURQLFUHFRUGZDVXVHGLQLWVIRUPDWLRQ'UHZ6XWSKHQ3UHVLGHQW7KH6XWSKHQ&RUSRUDWLRQ 7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH 3URSRVHUIRUHVHHVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHFRQWUDFWXDOREOLJDWLRQVFRQWHPSODWHGLQWKHELG <HV1R 7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQG DWWDFKPHQWV LI DSSOLFDEOH 3DJHV $GGHQGXPBB)LUHB$SSDUDWXVB5)3B 6DW1RYHPEHU30  $GGHQGXPBB)LUHB$SSDUDWXVB5)3B 7KX1RYHPEHU30  $GGHQGXPBB)LUHB$SSDUDWXVB5)3B )UL2FWREHU$0  $GGHQGXPBB)LUHB$SSDUDWXVB5)3B )UL2FWREHU$0  Bid Number: RFP 113021 Vendor Name: The Sutphen Corporation           348 PROPOSAL TO THE: Boynton Beach Fire 2080 High Ridge Road Boynton Beach, FL 33426 DATE: July 10, 2024 We hereby propose and agree to furnish the following firefighting equipment upon your acceptance of this Proposal and the Terms and Conditions there in: One (1) Sutphen Heavy Duty 75’ Mid-Mount Aerial Ladder (SL 75) Complete and Delivered for the Total Sum of ................................................. $ 1,679,725.00 Three (3) SL75s ordered together for a total of …………….………….. $ 5,039,175.00 ** Cost based on Sourcewell Contract # 113021 NOTE: If you pay the invoice for each truck within 72 hours of its’ arriving at South Florida Emergency Vehicles, you may deduct $ 15,000.00 per truck for a payment of $ 1,664,725.00 each. The apparatus and equipment being purchased hereunder shall be completed within approximately 26-28 months after the Sutphen’s receipt and approval of Purchaser’s acceptance of this Proposal. This Proposal shall be valid for Thirty (30) days. If a Purchase Agreement or Purchase Order is not received by Sutphen within 30 days of the date of this Proposal, Sutphen reserves the right to extend, withdraw, or modify this Proposal, including pricing, delivery times, and prepayment discounts, as applicable. Respectfully submitted, Guy Lombardo South Florida Emergency Vehicles Authorized Representative for Sutphen Corporation 573-216-2562 349 TERMS & CONDITIONS Changes to National Fire Protection Association (“NFPA”) 1900, Environmental Protection Agency (“EPA”) or changes legislated by Federal, State or Local Governments or changes in parts availability or vendor relationships that impact the cost to manufacture the truck may incur additional charges which shall be borne by the Purchaser. These may include but are not limited to changes that affect the major vendors of the fire apparatus industry such as pump manufacturers, seat manufacturers, electrical power supplies (generators) and powertrain (engine & transmission). Any such changes shall be documented on a change order executed by both Sutphen and Purchaser. Sutphen shall provide written notice to the Purchaser as soon as it reasonably believes any cost increase provision may be invoked. Sutphen shall provide, upon written request, documentation of such changes and increases. Sutphen will use its reasonable best efforts to deliver the apparatus within the timeframe quoted herein, provided that such delivery date shall be automatically extended for delays beyond Sutphen’s control, including, without limitation, strikes, labor disputes, riots, ci vil unrest, pandemics, war or other military actions, sabotage, government regulations or controls, fire or other casualty, or inability to obtain materials or services. If such delay occurs, Sutphen shall give notice of delay to Purchaser. Purchaser shall not be entitled to any discount or reduction in price for such delay and Sutphen shall not be liable for any damages (compensatory, incidental, consequential or otherwise) related to such delay. Final payment shall be made within 72 hours of the unit arriving at the dealership to receive the stated discount, FULL payment must be made at the time of delivery of the completed truck. Any loose equipment, shelving, and graphics will be completed by the dealership. Should payment be delayed, Sutphen reserves the right to charge interest at the rate of one and one-half percent (1.5%) per month, beginning on the day after payment is due. Transfer of the Manufacturer’s Certificate of Origin (MCO) shall take place upon payment in full in accordance with these terms. Sutphen reserves the right to withhold delivery of the MCO until payment in full is received. The apparatus shall be tested per NFPA #1900 at Sutphen's manufacturing facility. Purchaser agrees that the apparatus and equipment being purchased hereunder shall not be driven or used in any manner until it is paid for in full. In the event there are any shortages or omissions with the apparatus at time of completion, Purchaser may withhold a sum equivalent to the price of any such shortages as determined by Sutphen. In the case of any default in payment hereunder or in the payment on any notes, negotiable paper, obligations or other instru ments issued by Purchaser, Sutphen may take full possession of the apparatus and equipment or of the piece or pieces upon which def ault has been made, and any payments that have been made theretofore shall be applied as rent in full for the use of the apparatus and equipment up to th e date of taking possession by Sutphen. Sutphen warrants to Purchaser that all goods and services furnished hereunder will conform in all respects to the terms of th is order, including any applicable change orders, drawings, specifications, or standards incorporated herein, and/or defects in materials, workmanship, and free from such defects in design. In addition, Sutphen warrants that the goods and services are suitable for and will perform in accordance with the purposes for which they were intended, for a period of one year from the Warranty Registration Date, unless an extended warranty is purchased. The purchase price provided for herein does not include any federal, state or local sales tax, duties, imposts, revenues, exc ise or other taxes which may hereafter be imposed by governmental authority or otherwise and which are made applicable to the apparatus or equipment covered by this Proposal. In the event that any such taxes are subsequently imposed and become applicable, the purchase price herein shall be increased by the amount of such taxes and such sum shall be immediately paid by Purchaser to Sutphen. To the extent applicable, the prices and deliveries set forth herein are subject to the Defense Production Act. Sutphen shall provide insurance insuring the apparatus and equipment against loss by fire, theft, or collision and insuring against property damage and personal injury through the completion of the apparatus and transfer of the Manufacturer’s Certificate of Origin. After the execution of this Agreement, Purchaser shall have no right to terminate the Agreement. Sutphen may, in its absolute and sole discretion, accept Purchaser’s request to terminate the Agreement. In the event Sutphen accepts Purchaser’s request to terminate the Agreement, Sutphen may charge a cancellation fee. The following charge schedule based on costs incurred may be applied, at Sutphen’s sole discretion:(a) 10% after order is accepted by Sutphen; (b) 30% of the Purchase Price after production has commenced. The cancellation fee may increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. These Terms and Conditions (“T&C”) contained in the Proposal provided herein take precedence over all previous negotiations, oral or written , and no representations or warranties are applicable except as specifically contained in these or in any subsequently signed agreement between the Parties. No waiver of any of the provisions of these T&C shall be deemed a waiver of any other provision, whether similar, nor shall any waiver constitute a continuing waiver. If a Purchase Order is issued, this Proposal, including the Terms and Conditions contained herein, shall s upersede the terms in the Purchase Order where terms may be inconsistent. This Proposal shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the laws, statutes, and decisions of the State of Ohio. Exclusive jurisdiction and venue for any litigation at all related to this in the Frankli n County Court of Common Pleas, Columbus, Ohio, and the parties hereto consent and submit to the general jurisdiction of this court. All of these T&C shall be binding upon and inure to the benefit of and be enforceable by Sutphen, Purchaser, their successors and assigns. 350 Friedberg, David PROPOSAL: FLEET UPDATE AND FUTURE PROCUREMENT PLAN 351 Introduction: This proposal offers a comprehensive overview of our current fleet status, ongoing projects, and a strategic procurement plan for future acquisitions, aiming to address departmental needs while navigating budget constraints. Ensuring our fleet of fire apparatus remains up to date-and equipped to handle evolving community needs is paramount. Given current market conditions, including price increases and extended timetables, effective strategizing for apparatus procurement is crucial. This proposal outlines a comprehensive three-year plan to acquire three Quint ladder trucks, one technical rescue truck, and three Rescue trucks. A. Current Trucks Purchased: Suppression Vehicles: SL-75: Purchased: 01/27/2023 Time Table: 21 – 24 Months Price: $1,392,074.43 Projected delivery: 2/1/2025 Engine: Purchased: 01/27/2023 Time Table: 41 – 43 Months Price: $927,280.00 Projected delivery: 9/1/2026 SPH 100: Purchased: 01/27/2023 Time Table: 29 – 31 Months Price: $1,905,892.84 Projected delivery: 9/1/2025 Rescue Vehicles: 2 PL Custom Rescues: Purchased: 8/1/2022 Time Table: 28-30 Months 352 Price for Both Trucks: $1,068,039.12 Projected delivery: 1/2025 Fire Boat: 28’ Silver Ship: Purchased: 3/16/2024 Time Table: 18-24 Months Price: $403,294 Projected delivery: 9/6/2025 B. Ongoing Projects: Two rescue vehicles under procurement, one funded through regular funds and the other through the ARP fund. Progress made on the procurement of the Silver Ship fireboat. III. Future Procurement Plan A. Proposed Vehicles for Acquisition: Three suppression trucks One Technical Rescue Team (TRT) vehicle Three additional rescue vehicles B. Rationale: Lead times for new vehicles are substantial, necessitating early procurement to meet operational demands. Escalating market prices makes strategic procurement essential, potentially saving approximately $700,000 over three years. Aging fleet vehicles result in increased repair costs, emphasizing the urgency of fleet updates for operational readiness and efficiency. IV. Three-Year Main Fire Apparatus Purchase Plan Introduction: As the Fire Department, it is imperative to ensure that our fleet of fire apparatus is up to date and equipped to handle the evolving needs of our community. With the current market conditions, including price increases and extended timetables, it is crucial to strategize our apparatus procurement effectively. This proposal outlines a comprehensive three-year plan to purchase three Quint ladder trucks, one technical rescue truck, and three Rescue trucks. 353 Rationale: Price Increases: Current price increases and expected mandates, such as transitioning to a 10-liter engine, are projected to significantly impact vehicle costs. Annual inflation further exacerbates budgetary pressures. Extended Timetable: Procurement timelines for essential vehicles have substantially lengthened, posing operational challenges and hindering our ability to respond effectively to emergencies promptly. Cost-Saving Measures: Strategic planning, as evidenced by the success of similar initiatives in other districts, can mitigate financial burdens while ensuring timely delivery of essential equipment. Proposal Details: Year 1: Purchase of All Trucks: Initiate the purchase of all Quint ladder trucks, technical rescue truck, and Rescue trucks in Year 1, before anticipated price increases. By securing orders beforehand, approximately $100,000 per Quint ladder truck can be saved. This proactive approach ensures our fleet remains modern and efficient, effectively meeting community needs. Year 2: Suppression Unit Procurement: Evaluate existing suppression units, identify gaps, and initiate procurement for any necessary additions or replacements to ensure optimal coverage and response capabilities. Year 3: Continuous Improvement: Implement lessons learned from previous years to refine apparatus procurement strategy. Review market conditions, technological advancements, and community requirements to inform future purchasing decisions and ensure continued effectiveness. Long-Term Strategy: Integrated Procurement Approach: Develop an integrated approach encompassing suppression units and specialized apparatus to streamline purchasing processes, optimize cost-effectiveness, and ensure comprehensive coverage. Collaborative Partnerships: Explore collaborative opportunities with neighboring districts to leverage purchasing power, share resources, and achieve economies of scale, enhancing overall emergency response capabilities. 354 Conclusion: Adopting a proactive approach to apparatus procurement is essential to meet the evolving demands of our Fire Department and community. Consolidating purchases in Year 1 to mitigate price increases, ensuring timely delivery, and maintaining operational readiness will effectively manage cost fluctuations and enhance department resilience. This proposal seeks approval for the outlined strategy to safeguard department effectiveness and resilience amidst market uncertainties. We welcome feedback and approval of these strategies to ensure alignment with departmental objectives. 355 Master Fleet Plan Administration: Vehicle ID Year Make/Model Type Quantity Purchase Year End of Service 82004 2021 Chevrolet Tahoe pursuit Midsize SUV 6 2021 2027 83005 2023 Chevrolet Tahoe pursuit Midsize SUV 6 2023 2029 83004 2023 Chevrolet Tahoe Midsize SUV 6 2022 2028 83006 2023 Chevrolet Tahoe pursuit Midsize SUV 6 2023 2029 863 2014 Ford Explorer (DNR)Midsize SUV 4X4 10 2014 2024 82003 2021 Chevy Silverado-1/2 ton pickup 1/2 ton extended cab 6 2021 2027 899 2020 Ford Escape Compact SUV 6 2020 2026 895 2018 Ford Fusion Compact SUV 10 2018 2028 Operations: Vehicle ID Year Make/Model Type Quantity Purchase Year End of Service 893 2016 Chevrolet Crew Cab 4x4 3/4 ton crew cab 4X4 9 2016 2025 847 2013 Ford F250 -topper. Lightbar 3/4 ton pick-up 11 2013 2024 891 2011 Chevrolet 3500 Dually Brush truck 10 2011 2021 82008 2021 Ford Brush Truck Brush truck 10 2022 2032 869 2020 Ford police Interceptor Utility AWD SUV 6 2020 2026 8700 2007 Bauer Enclosed Trailer Enclosed trailer 20 2007 2024 (Poss. Later) Replaced 2023 Cargo Trailer Enclosed trailer 10 2023 2033 8904 2019 14' Utility Trailer Utility Trailer 20 2019 2039 890 2009 Chevrolet Express Van 15 Pax 15 Pax Van 15 2009 2024 866 2018 Sutphen Combat Pumper Pumper 12 2018 2033 356 Vehicle ID Year Make/Model Type Quantity Purchase Year End of Service 807 2008 Sutphen Aerial Ladder SPH 100 100' Aerial 15 2008 2023 (On Order) 809 2009 Sutphen Aerial Ladder SL-75 Quint 75' Aerial Quint 15 2009 2023 (On Order) 82005 2021 Sutphen Pumper Combat Pumper 11 2021 2032 883 2014 Sutphen Aerial Ladder SL-75 75' Aerial Quint 11 2014 2025 884 2015 Sutphen Aerial Ladder SL-75 75' Aerial Quint 11 2015 2026 885 2016 Sutphen Technical Heavy Rescue Heavy Rescue 12 2016 2028 886 2016 Sutphen Aerial Ladder SL-75 75' Aerial Quint 11 2016 2027 864 2016 Freightliner ALS Rescue/ambulance Ambulance 8 2016 2023 887 2019 Freightliner ALS Rescue/ambulance Ambulance 7 2018 2023 888 2019 Freightliner ALS Rescue/ambulance Ambulance 7 2018 2025 878 2015 Freightliner ALS Rescue/ambulance Ambulance 6 2015 2022 (On Order) 879 2015 Freightliner ALS Rescue/ambulance Ambulance 6 2015 2022 (On Order) 82006 2021 International ALS Rescue/ambulance Ambulance 6 2022 2028 82007 2021 International ALS Rescue/ambulance Ambulance 6 2022 2028 357 DNR (Do Not Replace): Vehicle ID Year Make/Model Type Quantity Purchase Year End of Service 854 2009 Chevrolet Impala Admin Compact SUV 10 2009 2019 808 2009 Sutphen Aerial Ladder SL-75 Quint Pumper 15 2009 2021 873 2011 International ALS Ambulance Ambulance 7 2011 2018 874 2012 Freightliner ALS Rescue/ambulance Ambulance 7 2012 2019 876 2012 Freightliner ALS Rescue/ambulance Ambulance 7 2012 2019 877 2014 Freightliner ALS Rescue/ambulance Ambulance 7 2014 2021 358 7/9/2024 1 Sutphen Component Report Dealership: South Florida Emergency Vehicles HS- Boynton Beach (City of), Florida SL75 Aerial Ladder Order#: DQ017631-1 Contact: David Friedberg Position: Captain Phone: Mobile: 561-329-4146 Email: FriedbergD@bbfl.us Bill To Ship To Customer: Boynton Beach (City of) Contact: David Friedberg, Captain Address: Finance Department PO Box 310 Boynton Beach, Florida 33425-0310 Customer: City of Boynton Beach Contact: David Friedberg, Captain Address: 222 NE 9th Ave. Boynton Beach, Florida 33435 Comments Project Manager: Sales Person: Guy Lombardo Revision Level: Truck Type: Body Facility: Quote Line Number 1 Line Item # Qty Item Description/Comments 1 Hilliard 1 Facility = Hilliard 2 1 **ENG Pump Module Series = Customized Module 3 1 **ENG Electrical System = Point-to-Point 4 Sourcewell 1 Cooperative Purchasing =Sourcewell 5 10000100 1 INTENT OF SPECIFICATIONS - CUSTOM APPARATUS 6 10000225 1 STD WIRING SCHEMATIC (USB) 7 10000301 1 PRECONSTRUCTION CONFERENCE 8 10000311 1 FINAL INSPECTION TRIP 9 10310100 1 CHASSIS 10 10010006 1 CHASSIS, CUSTOM 11 51070232 1 WHEELBASE = 232 12 1 **ENG Wheelbase Note = Wheelbases and component designs may be subject to change pending finalized designs from Cummins on 2027 EPA compliant aftertreatment systems. 13 25010100 1 FRAME, 10" DOUBLE RAILS, SINGLE AXLE (50K PSI) 359 7/9/2024 2 Line Item # Qty Item Description/Comments 14 45040100 1 FRONT BUMPER CLIP 15 45010001 1 FRONT TOW EYES, BELOW BUMPER, PAINTED 16 46010000 1 REAR TOW EYES, PAINTED 17 40010250 1 STEERING - ROSS TAS-85 18 22010000 1 DRIVE LINE, SPICER, 1710 SERIES 19 23015010 1 ENGINE, CUMMINS X10 MHD 450HP DOC-DPF-DEF-SCR OBD 20 23029200 1 ENGINE WARRANTY, 5 YEAR, 100,000 MILES FOR CUMMINS (X SERIES) 21 23030006 1 AIR INTAKE/EMBER SEPARATOR 22 23031176 1 FUEL FILTER/WATER SEPARATOR, PRIMARY, FLEETGUARD FUEL PRO FH230 23 23031220 1 FUEL FILTER, SECONDARY, FLEETGUARD, FF5825NN 24 47012510 1 TRANSMISSION, ALLISON GEN 6, EVS3000 (L9, X10MHD) 25 23110000 1 JACOBS ENGINE BRAKE 26 47024050 1 TRANSMISSION COOLER 27 47030000 1 ALLISON TOUCH PAD SHIFTER 28 47030110 1 SHIFTER PAD GEARING, 6 GEARS OPEN 29 21021200 1 COOLING SYSTEM 30 21030195 1 COOLANT FILTER 31 21030000 1 FAN CLUTCH 32 21030200 1 RADIATOR COOLANT RECOVERY, PRESSURIZED SYST 33 26010010 1 FUEL TANK, STAINLESS STEEL, 65 GAL 34 26030000 1 FUEL FILL 35 26030100 1 FUEL COOLER 36 24040000 1 DIESEL EXHAUST FLUID TANK 37 1 **ENG DEF Access = Hinged Lid Below Aerial Access Ladder 38 13010225 1 ALTERNATOR, LEECE NEVILLE 420 AMP BLP4003 39 13030100 1 LOW VOLTAGE ALARM, FLOYD BELL TXB-V86-515-QF 40 15010500 1 BATTERIES, INTERSTATE TYPE 31 MHD (4) 360 7/9/2024 3 Line Item # Qty Item Description/Comments 41 15031700 1 BATTERY JUMPER TERMINALS 42 15031510 1 BATTERY CHARGER, KUSSMAUL CHIEF 4012 43 1 **ENG Shoreline Cover Color = Red. 44 15030465 1 120V SHORELINE INLET, KUSSMAUL SUPER 20 AUTO EJECT W/ OLED DISPLAY 091-55-266-XX 45 1 **ENG Shoreline Inlet Location = Driver's side of Cab, standard location. 46 15040100 3 120V OUTLET WIRED TO SHORELINE INLET - EA (3) 47 1 **ENG Nema Number = 5-15 House Plug Duplex. 48 1 **ENG Outlet Locations = R4 L4 and OVERHEAD COMPARTMENT 49 1 **ENG Battery Charger Note: Body Facility to provide/install battery charger & Auto Eject (if applicable) 50 14022130 1 FRONT AXLE, HENDRICKSON STEERTEK NXT 23,000 LB. 51 41022130 1 FRONT SUSPENSION, HENDRICKSON 23,000 LBS. (4) 56" LEAFS 52 41040510 1 STEER ASSIST 53 43010322 1 FRONT TIRES, GOODYEAR, 425/65R22.5 LRL, ARMOR MAX PRO GRADE MSA 22.5 X 12.25 WHEELS 54 14510540 1 REAR AXLE, MERITOR RS-30-185 31,000 LB. 55 14530150 1 TOP SPEED, 60 MPH 56 42010025 1 REAR SUSPENSION, FIREMAAX 31,000 LBS. AIR RIDE 57 44010310 1 REAR TIRES, GOODYEAR 315/80R22.5X 9, LRL G291 HGWY, 31,000 GVWR 58 42910300 1 TIRE PRESSURE MONITOR, QUICK PRESSURE 59 44215210 1 WHEELS, ALUM, ALCOA, DURABRITE (max 35K rear) 60 44270100 1 HUB COVERS, FRONT & REAR, POLISHED STS (Single Axle) 61 44270300 1 CHROME LUG NUT CAPS, FRONT & REAR (Single Axle) 62 44271100 1 MUD FLAPS, FRONT (PAIR) 63 44271200 1 MUD FLAPS, REAR (PAIR) 64 1 **CLAR NOTES, HUB COVERS AND LUG NUTS WILL BE BLACK 65 54010010 1 DATA, SAFETY & WARNING TAGS APPLICATION, ADHESIVE 66 16010255 1 BRAKES STEERTEK DISC PLUS EX225 FRONT, SCAM 7" REAR (SINGLE AXLE) 67 18010043 1 AIR BRAKE SYSTEM 5 TANKS WABCO 1200 DRYER (31K, 35K) 361 7/9/2024 4 Line Item # Qty Item Description/Comments 68 18030010 1 AIR BRAKE RELEASE VALVE, WABCO 69 18030140 1 AIR INLET CONNECTION W/CHECK VALVE 70 1 **ENG Standard Air Inlet Location = Left hand side of Driver's step well. 71 18035110 1 AIR COMPRESSOR, KUSSMAUL AUTO PUMP AC, 100PSI 72 18036105 1 TIMER, KUSSMAUL AUTO PUMP 73 18210000 1 ELEC STABILITY CONTROL SYST 74 18110075 1 WABCO 5 CHANNEL ANTI‐LOCK BRAKES W/ASR (31K, 35K) 75 54010100 1 AERIAL CHASSIS PREP (SINGLE AXLE) 76 53510000 1 COMPRESSION FITTINGS ON AIR SYSTEM (CHASSIS) 77 54010000 1 MISCELLANEOUS ITEMS ON CHASSIS 78 23029400 1 AFTERTREATMENT WARRANTY, 5 YEAR, 100,000 MILES FOR CUMMINS (X SERIES) 79 10310110 1 CAB 80 11024250 1 CAB TSAL4SE 73" 10" RR 1/2 81 11030025 1 CAB CERTIFICATION - STRUCTURAL INTEGRITY 82 11030950 1 CAB LOCKDOWN LATCHES 83 11031025 1 CAB TILT SYSTEM, AIR CONTROL VALVE 84 11031030 1 CAB TILT CONTROL LOCATION, OFFICER'S SIDE PUMP PANEL 85 11031100 1 MANUAL BACK-UP TILT SYSTEM 86 11031350 1 CAB DOORS, FULL LENGTH (4) 87 11031385 1 CAB STEPS, LOWER GRIP STRUT, INTERMEDIATE DIAMONDPLATE 88 11031390 1 AUXILIARY CAB STEPS, ALUM, GRIP STRUT (SET OF 4) 89 11031399 1 CAB STEP LIGHTING, TECNIQ E45 LED STRIP LIGHTS 90 11031421 1 CAB DOOR WINDOWS, POWER (4) 91 11031401 1 CAB SIDE WINDOWS, FIXED, BOTH SIDES 92 11031460 1 NO WINDOWS, BACK WALL OF CAB 93 11031465 1 WINDOW TINTING (LIMO TINT 8%) - EACH (4) 94 52010010 1 ELECTRIC INTERMITTENT WIPERS 362 7/9/2024 5 Line Item # Qty Item Description/Comments 95 52030200 1 WINDSHIELD WASHER RESERVOIR 96 38010015 1 MIRRORS LANG MEKRA 300 SERIES REMOTE 97 11024420 1 UPPER GRILLE, AMERICAN FLAG LEVEL STYLE FACADE (X SERIES) 98 11024510 1 FLAMING “S” LOGO, UPPER GRILLE, ILLUMINATED 99 11024615 1 LOWER GRILLE, POLISHED STAINLESS, LASER CUT LETTERING W/ BACKLIGHTING 100 1 **ENG Design for lower grille w/LED backlight = TBD AT PREBUILD. (Note: Text cannot be larger than air cut-outs.) 101 32588888 1 SPECIAL ITEM, CUSTOM GRILL PAINT FINISH 102 1 **CLAR NOTES, The bar below the flag will be painted gloss red, the rest of the grill will be raptor black. 103 20012220 1 BUMPER, 24" FORMED STEEL CHANNEL, PAINTED 104 1 **ENG Siren Speaker Perforations = No Speaker Perforations in Bumper. 105 20029810 1 BUMPER SIDES, PAINTED STEEL, FLAT (12"-24" EXTENSION) 106 20029920 1 BUMPER ANGLES, PAINTED STEEL, W/ POCKET (12‐24" EXTENSION) 107 20040215 1 STORAGE WELL, DEEP CENTER, FULL WIDTH (24" BUMPER) 108 20030120 1 STORAGE WELL COVER, TREADPLATE, 4" RAISE 109 20030510 1 CUT-OUT IN STORAGE WELL COVER 110 20042140 1 PROTECTIVE BUMPER COATING, RAPTOR, TOP EDGE OF FRONT BUMPER 111 1 **ENG Protective Bumper Coating Color = BLACK. 112 12010500 1 AIR HORNS, DUAL, GROVER #2040 RECTANGULAR, BEHIND PERFORATION 113 12030015 1 AIR HORNS CUTOUTS IN BUMPER, BEHIND PERFORATIONS (X SERIES) 114 12030350 1 LANYARD CONTROL FOR AIR HORNS 115 12510110 1 ELEC SIREN, WHELEN 295HFS2, REMOTE FLUSH MOUNT 116 12620100 1 SIREN SPEAKER, 100W, CAST PRODUCTS, SA4201-6B-A 117 12670110 1 SIREN SPEAKER(S) INSTALLED BEHIND CAB GRILLE 118 1 **CLAR NOTES, Mount siren head low on center panel 119 12710100 1 SIREN, FEDERAL Q2B, GRILLE MOUNT 120 1 **ENG Q2B Wiring = Wired to Emergency Master then shed with parking brake on. 121 12730205 1 MECH SIREN WIRED TO STEERING WHEEL BUTTON 363 7/9/2024 6 Line Item # Qty Item Description/Comments 122 1 **ENG Siren Brake Switch For Driver 123 12730350 1 MOMENTARY SWITCH ON DASH, OFFICER'S SIDE, FOR MECH SIREN 124 12730363 1 SIREN BRAKE SWITCH FOR MECH SIREN, DRIVER'S & OFFICER'S SIDE 125 1 **ENG Siren Brake Switch For Officer 126 1 **CLAR NOTES, **ENG Chassis Facility to provide and install Blackout Q2B siren 127 32520520 1 HEADLIGHTS, LED, FIRETECH FT-4X6, DUAL STS HOUSINGS (MIXED UPPER WARNING & TURN SIGNAL) 128 32530500 1 ALTERNATING FLASHER FOR HEADLIGHT 129 1 **ENG Independent Deactivation Switch for Alternating Flasher = Provided 130 48010300 1 FRONT TURN SIGNALS, WHELEN 400 SERIES LED (4) (MIXED HOUSING) 131 32530754 1 ICC, LED BROW LIGHT INTEGRATED MARKERS 132 27022120 1 HANDRAILS, CAB EXTERIOR, KNURLED STAINLESS STEEL (4) SIDE 133 27030615 1 COAT HOOKS ON UPPER GRAB HANDRAILS, DRIVER'S SIDE (2) 134 27030655 1 COAT HOOKS ON UPPER GRAB HANDRAILS, OFFICER'S SIDE (2) 135 27025000 1 HANDRAILS, CAB INTERIOR, BLACK RUBBER COATED (2) FRONT ENTRY 136 27030120 1 HANDRAILS, REAR CAB INTERIOR DOOR, BLACK RUBBERIZED (2) AND KNURLED STS AT WINDOW (2) 137 27040100 1 INTERIOR DOOR, NYLON STRAP 138 1 **CLAR NOTES, **ENG Cab compartment doors will have Trimark black paddle latches. 139 11032010 1 EXTERIOR COMPT, SIDE OF EXT CAB, 38" H, DS 140 11031930 1 EXTERIOR DOOR, HINGED, PAINTED 141 11032610 1 DRIVER SIDE, LEFT DOOR HINGE (OPEN TOWARDS FRONT OF CAB) 142 11032450 1 COMPT DOOR LOCK - NOT PROVIDED 143 11032110 1 OPENING TO DRIVER'S SIDE CREW SEAT COMPT 144 11032060 1 EXTERIOR COMPT, SIDE OF EXT CAB, 38" H, OS 145 11031930 1 EXTERIOR DOOR, HINGED, PAINTED 146 11032620 1 OFFICER'S SIDE, RIGHT DOOR HINGE (OPEN TOWARDS FRONT OF CAB) 147 11032450 1 COMPT DOOR LOCK - NOT PROVIDED 148 11032120 1 OPENING TO OFFICER'S SIDE CREW SEAT COMPT 364 7/9/2024 7 Line Item # Qty Item Description/Comments 149 11032388 1 SPECIAL ITEM, BLACK PADDLE STYLE LATCHES ON CAB EXT COMP DOORS 150 1 **CLAR NOTES, **ENG Cab compartment doors will have Trimark black paddle latches. 151 11035416 1 RAPTOR REAR EXTERIOR WALL OF CAB, SINGLE TONE (AERIAL OR TOP MOUNT) 152 1 **ENG Color of Raptor on Exterior Cab Wall = BLACK 153 11035422 1 DIAMONDPLATE CAB ROOF 56" x FULL WIDTH 154 11088888 1 SPECIAL ITEM, REAR EXTERIOR WALL EDGES, ALUMINUM CORNER GUARDS, BLACK RAPTOR FINISH, 1" WIDE, FULL HEIGHT 155 31010285 1 INTERIOR, MULTISPEC BLACK SPECKLE PAINT W/GRAY-BLACK DURAWEAR 156 11032929 1 DOOR PANEL, FULL STS 157 31010291 1 CAB INTERIOR FLOOR COVERING, BLACK RUBBERIZED 158 22510100 1 ENGINE ENCLOSURE, FULL LENGTH 159 22510530 1 ENGINE ENCLOSURE COVERING, SCORPION BLACK URETHANE BLEND 160 11031680 1 CENTER CONSOLE W/MAP BOOK STORAGE, TOP OF ENGINE ENCLOSURE 161 22610050 1 ENGINE HOOD LIGHT, LED (1) 162 11031510 1 FLAT WORK SURFACE IN LIEU OF GLOVE BOX 163 11031712 1 UPPER CREW DOOR AREA, OPEN 164 1 **CLAR NOTES, INSTRUMENTATION SWITCH LAYOUT TO MATCH HS 6993 AS MUCH AS POSSIBLE 165 29810100 1 CHASSIS ELECTRICAL DESCRIPTION 166 30010135 1 INSTRUMENTATION, AMETEK W/ CENTER & OVERHEAD CONSOLES (AERIALS) 167 30010508 1 LOWER COMMAND CONSOLE, X10 168 30010610 1 CAB PUMP SHIFTER, ELECTRIC W/ROUND KNOB (FOR HALE G-SERIES PUMP TRANSMISSION) 169 30011000 1 PUMP INTERLOCK, NOT CONNECTED WITH ODOMETER 170 30031615 1 DO NOT MOVE LIGHT, WHELEN ION-T LED 171 1 **ENG Door Ajar Light Location = Centered below upper command console. 172 29930200 1 MAPBOOK SLOT ON BREAKER PANEL 173 29910100 1 PROGRAMMABLE LOAD MANAGER, CLASS-1 SUPERNODE II 174 30031100 1 HIGH IDLE SWITCH 175 11040000 1 CAB ACCESSORY FUSE PANEL 365 7/9/2024 8 Line Item # Qty Item Description/Comments 176 84541540 1 POWER & GROUND STUDS, UPPER COMMAND CONSOLE 177 1 **ENG Requirements (AMPS) for Power/Ground Studs in Upper Command Console: (1) 12-volt 60-amp, direct to the battery ignition off. (1) 12-volt 30-amp switched battery first position on ignition switch. (1) 12-volt 30-amp ignition power second position on ignition switch. (1) 12-volt 125-amp ground. 178 84541545 1 POWER & GROUND STUDS, LOWER COMMAND CONSOLE 179 1 **ENG Requirements (AMPS) for Power/Ground Studs in Lower Command Console: (1) 12-volt 60-amp, direct to the battery. (1) 12-volt 30-amp controlled by the ignition switch. (1) 12-volt 125-amp ground. 180 84541550 1 POWER & GROUND STUDS, UNDER OFFICER'S SEAT 181 1 **ENG Requirements (AMPS) for Power/Ground Studs Under Officers Seat: (1) 12-volt 40-amp controlled by the battery switch. (1) 12-volt 60-amp controlled by the ignition switch. (1) 12-volt 60-amp, direct to the battery. (1) 12-volt 100-amp ground. 182 30110000 1 VEHICLE DATA RECORDER, AKRON/WELDON 183 30031810 2 12V POWER POINT (2) 184 30031820 2 12V DUAL POWER POINT, USB/USB (2) 185 30031830 2 12V DUAL POWER POINT, USB/USBC, POWERWERX (2) 186 30088888 1 SPECIAL ITEM, WIRING OF CAB FOR FUTURE INSTALLATION OF HANDLIGHT CHARGERS OR RADIO CHARGERS 187 33510030 1 INTERIOR CAB LIGHTS, WHELEN 6" ROUND RED/CLEAR LED (2) 188 34010030 1 INTERIOR CREW LIGHTS, WHELEN 6" ROUND RED/CLEAR LED (2) 189 33530652 1 INTERIOR CAB DOOR WARNING LIGHTS, WHELEN 500 TIR6 LED, 50*03Z*R (QTY 4) 190 1 **ENG Cab Door Light Color = Amber. 191 28010750 1 DEFROSTER, HEATER & A/C, SEVERE CLIMATE (TM-31) 192 28030500 1 DEFROSTER DUCTWORK, ENTIRE WINDSHIELD 193 11031687 1 TOP HEAT/AC STORAGE, TOOL MOUNTING PLATE, 25” x 19.5” 194 28030000 1 METAL VENT COVERS FOR DEFROSTER/AC 195 28032000 1 RV AIR CONDITIONER 15,000 BTU (SHORELINE) 196 15030440 1 120V SHORELINE INLET, KUSSMAUL SUPER 30 AUTO EJECT 197 1 **ENG Shoreline Inlet Location = Driver's side of Cab, standard location. 198 1 **ENG Shoreline Cover Color = Yellow. 199 28032012 1 DEFLECTOR, TREADPLATE, FORWARD AND SIDES OF RV AC 366 7/9/2024 9 Line Item # Qty Item Description/Comments 200 28031000 1 FAN, 12 VOLT, DRIVER'S SIDE, MOUNTED INBOARD, NEXT TO DEFROSTER 201 28031100 1 FAN, 12 VOLT, OFFICER'S SIDE, MOUNTED INBOARD, NEXT TO DEFROSTER 202 1 **CLAR NOTES, BLACK OUT DEFLECTOR 203 38510204 1 DRIVER'S SEAT, BOSTROM SIERRA ELECTRIC ABTS (DURAWEAR PLUS, LOW SEAM) 204 38340110 1 PRIMARY SEAT POSITION 205 38350100 1 SEAT BELT CONFIGURATION, PULL FROM LEFT SHOULDER TO BUCKLE AT RIGHT HIP 206 38320000 1 HELMET STORED IN COMPARTMENT 207 39010118 1 OFFICER'S SEAT, BOSTROM TANKER 450, ABTS SCBA (DURAWEAR PLUS, LOW SEAM) 208 38340110 1 PRIMARY SEAT POSITION 209 38350200 1 SEAT BELT CONFIGURATION, PULL FROM RIGHT SHOULDER TO BUCKLE AT LEFT HIP 210 39030010 1 OFFICER’S SEAT COMPT, OPEN FRONT 211 38320000 1 HELMET STORED IN COMPARTMENT 212 11031821 1 EMS CABINET, REAR FACING, BEHIND DRIVER 213 11032210 1 INTERIOR ACCESS, BLACK WEBBING 214 11032312 1 ADJUSTABLE SHELVES, EMS COMPT (2) 215 39521130 1 CREW SEAT 2, BOSTROM TANKER 450, ABTS SCBA (DURAWEAR PLUS, LOW SEAM) 216 38340110 1 PRIMARY SEAT POSITION 217 38350100 1 SEAT BELT CONFIGURATION, PULL FROM LEFT SHOULDER TO BUCKLE AT RIGHT HIP 218 38320000 1 HELMET STORED IN COMPARTMENT 219 39521465 1 CREW SEAT 3, BOSTROM TANKER 450, ABTS SCBA FIXED (DURAWEAR PLUS, LOW SEAM) 220 38340120 1 SECONDARY SEAT POSITION 221 38350100 1 SEAT BELT CONFIGURATION, PULL FROM LEFT SHOULDER TO BUCKLE AT RIGHT HIP 222 38320000 1 HELMET STORED IN COMPARTMENT 223 39521466 1 CREW SEAT 4, BOSTROM TANKER 450, ABTS SCBA FIXED (DURAWEAR PLUS, LOW SEAM) 224 38340120 1 SECONDARY SEAT POSITION 225 38350200 1 SEAT BELT CONFIGURATION, PULL FROM RIGHT SHOULDER TO BUCKLE AT LEFT HIP 226 38320000 1 HELMET STORED IN COMPARTMENT 367 7/9/2024 10 Line Item # Qty Item Description/Comments 227 39588888 1 SPECIAL ITEM, EMS CABINET NETTING TO HAVE METAL AIRPLANE BUCKLES WITH SINGLE PULL BAR 228 39550200 1 SEAT COLOR, BLACK 229 39610115 4 SCBA BRACKETS, IMMI SMART DOCK (4) 230 1 **ENG Low Profile SCBALow Profile Smart Dock SCBA For Forward Facing Seats 231 38410000 1 SEAT BELT WARNING SYSTEM, AKRON / WELDON 232 39710015 1 FULL WIDTH CREW SEAT COMPT, FRONT DROP‐DOWN DOORS (73" CAB) 233 11031740 1 OVERHEAD STORAGE, FRONT OF 10" RR W/NET 234 30080150 1 HD STEREO, JENSEN, AM/FM/WB/BT 235 84561380 1 CAMERA SYSTEM, BRIGADE, BACKEYE 360 HD CAMERA SYSTEM (WIRED) 236 11088888 1 SPECIAL ITEM, CHASSIS BLACK OUT PACKAGE 237 1 **CLAR NOTES, Wheel hubs and Lug nuts- black Auxillary steps- black Front Bumper Treadplate - Textured Front Bumper Lid - Includes Handle - Textured Headlight Housings - Textured Upper Front Grill - Textured Lower Front Grill - Textured Front Fenderettes - Rubber Cab Mirrors - Textured Cab Side Grab Handrails - Textured Cab Exterior Door Handles -Textured Cab Coat Hooks - Textured Pump Module Grab Handrails - Textured Wheel Well Trim Fenderettes - Rubber Front of Body Diamondplate - Textured Rear Body Diamondplate/Ladder Tunnel Door - Textured SCBA compt/fuel doors - Textured Siren Q2B - textured Grab Handrails - Top of Body around pump module – Textured Grab Handrails - Rear of Body - Textured RV A/C Deflector -Textured Cab Lower treadplate steps – Textured (intermediate step not to be black) Running boards -Textured Exterior face of running board troughs - Textured J-Channel – Powder coated Tail board - Textured Rear Steps - Textured Hosebed Step – Textured Rub Rails - Textured Turntable treadplate- textured 238 11088888 1 SPECIAL ITEM, BODY BLACK OUT PACKAGE 239 1 **CLAR NOTES, **ENG Wheel hubs and Lug nuts- black 368 7/9/2024 11 Line Item # Qty Item Description/Comments Auxiliary steps- black Front Bumper Treadplate - Raptor Front Bumper Lid - Includes Handle 3 Raptor Top flange of bumper trough - Raptor Headlight Housings - Raptor Upper Front Grill 3 Raptor (The bar below the flag will be painted gloss red. The rest of the grill will be raptor black) Lower Front Grill - Raptor Front Fenderettes 3 Black Rubber Cab Mirrors - Raptor Cab Side Grab Handrails - Raptor Cab Exterior Door Handles 3 Black paddle latch Cab Coat Hooks - Raptor RV A/C Deflector, Front and sides -Raptor Cab Lower treadplate steps 3 Raptor (intermediate step not to be black) J-Channel 3 Powder coated Q2B Siren Air Horns 240 10310200 1 PUMP & PLUMBING 241 60012555 1 QMAX-2000 GPM 6" SUCTION SINGLE STAGE PUMP 242 60025000 1 GEARBOX, HALE, G-SERIES, REAR MOUNTED 243 60026000 1 PUMP PACKING, HALE 244 60031005 1 ALLOY ANODES, HALE (2) 245 60035123 1 PUMP TEST, THIRD PARTY TESTING 246 61510010 1 DELETE AUXILIARY COOLER (HEAT EXCHANGER) 247 62010002 1 STAINLESS STEEL PIPING 248 1 **CLAR NOTES, RATE PUMP AT 1500 GPM 249 66020100 1 3" TANK TO PUMP W/CHECK VALVE 250 61720100 1 VALVE, AKRON HEAVY DUTY 251 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 252 73010100 1 TANK FILL 1.5" 253 61720100 1 VALVE, AKRON HEAVY DUTY 254 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 255 61010405 1 PRESSURE GOVERNOR, CLASS 1 TPGJ1939 256 61210410 1 INTAKE PRESSURE CONTROL, TFT A1831 257 63021100 1 6" MAIN SUCTION, LEFT SIDE 369 7/9/2024 12 Line Item # Qty Item Description/Comments 258 65030000 1 2.5" LEFT SIDE INLET 259 61720100 1 VALVE, AKRON HEAVY DUTY 260 61770100 1 ACTUATOR, VALVE, SWING HANDLE 261 60036010 1 THREADS, NST 262 63025100 1 6" MAIN SUCTION, RIGHT SIDE 263 64030000 1 2.5" RIGHT SIDE INLET 264 61720100 1 VALVE, AKRON HEAVY DUTY 265 61770100 1 ACTUATOR, VALVE, SWING HANDLE 266 60036010 1 THREADS, NST 267 70525125 1 2.5" DISCHARGE, LEFT - POSITION 1 268 61720100 1 VALVE, AKRON HEAVY DUTY 269 61770100 1 ACTUATOR, VALVE, SWING HANDLE 270 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" 271 61810160 1 DISCHARGE TERMINATION, STRAIGHT 272 60036010 1 THREADS, NST 273 61837100 1 ADAPTER, 2.5"NST FE X 2.5" NST M 30 DEGREE W/CAP & CHAIN 274 70525125 1 2.5" DISCHARGE, LEFT - POSITION 2 275 61720100 1 VALVE, AKRON HEAVY DUTY 276 61770100 1 ACTUATOR, VALVE, SWING HANDLE 277 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" 278 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW 279 60036010 1 THREADS, NST 280 71025140 1 4" DISCHARGE, RIGHT - POSITION 3 281 61720100 1 VALVE, AKRON HEAVY DUTY 282 61770425 1 ACTUATOR, VALVE, ELECTRIC, AKRON 9333 283 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" 284 61810160 1 DISCHARGE TERMINATION, STRAIGHT 370 7/9/2024 13 Line Item # Qty Item Description/Comments 285 60036010 1 THREADS, NST 286 61840300 1 ADAPTER, 4" NST FE X 5" STORZ, 30-DEGREE W/CAP & CHAIN, TFT 287 71025125 1 2.5" DISCHARGE, RIGHT - POSITION 4 288 61720100 1 VALVE, AKRON HEAVY DUTY 289 61770100 1 ACTUATOR, VALVE, SWING HANDLE 290 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" 291 61810160 1 DISCHARGE TERMINATION, STRAIGHT 292 60036010 1 THREADS, NST 293 61837100 1 ADAPTER, 2.5"NST FE X 2.5" NST M 30 DEGREE W/CAP & CHAIN 294 72130100 1 DISCHARGE 2.5" UPPER LEFT SIDE BODY 295 61720100 1 VALVE, AKRON HEAVY DUTY 296 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 297 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" 298 61810160 1 DISCHARGE TERMINATION, STRAIGHT 299 60036010 1 THREADS, NST 300 72230012 1 DISCHARGE 1.5" FRONT BUMPER, 2" PLUMBING (AERIALS) 301 61720100 1 VALVE, AKRON HEAVY DUTY 302 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS 303 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" 304 60036010 1 THREADS, NST 305 1 **ENG Front Bumper Swivel Location/Side = Officer's side. 306 1 **ENG Front Discharge Swivel Location/Trough = Top of Bumper. 307 72240100 1 VERTICAL STOP PINS FOR FRONT BUMPER SWIVEL 308 1 **ENG Vertical Stop Pins = Installed one each side of the front bumper swivel to keep the hose from swinging into the cab. 309 72810000 1 TWO CROSSLAYS 2" VALVE-PIPING 1.5" SWIVEL 310 61720100 2 VALVE, AKRON HEAVY DUTY (2) 311 61770120 2 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS (2) 371 7/9/2024 14 Line Item # Qty Item Description/Comments 312 77021015 2 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" (2) 313 60036010 2 THREADS, NST (2) 314 72910510 1 COVER, VINYL FOR CROSSLAYS (AERIALS) 315 1 **ENG Crosslay/Speedlay Side Covers Color = Red. 316 72932201 1 COVER FASTENERS, BUNGIE CORDS WITH RED TAB 317 1 **ENG Specify details for side covers: Number of flaps, fasteners & and how they terminate (manufacturer’s discretion or customer specified?) = OEM Discretion. 318 1 **CLAR NOTES, Awning rail on rear, snaps on front, shock cords on side flaps 319 61742000 1 MASTER PUMP DRAIN, MULTIPORT 320 61730005 9 DRAIN VALVES, INNOVATIVE CONTROLS, LIFT-UP (9) 321 78521435 1 WATERWAY CONTROL, 3” VALVE, AKRON 9335 ELECTRIC ACTUATOR 322 61910100 1 WATERWAY DRAIN VALVE, AKRON 1.5" PUSH/PULL CONTROL 323 10310210 1 FOAM SYSTEM 324 1 **ENG Class of Foam = Class B Foam 325 73530650 1 FOAM SYSTEM, AKRON 125 GPM 3126 BY-PASS W/ FLUSH TO A DISCHARGE LINE FOR ONE FOAM TANK 326 73531425 1 FOAM TANK 30 GALLON BUILT INTO BOOSTER TANK 327 1 **ENG State Discharges to be Plumbed for Foam FRONT CROSSLAY 328 10310220 1 PUMP PANEL 329 74920310 1 MT SM1 - SIDE MOUNT PUMP PANEL 330 74930540 1 PANEL FINISH, BLACK RAPTOR 331 74931000 1 ESCUTCHEON PLATES 332 74931050 1 COLOR CODING 333 74931210 1 PUMP MODULE FRAMEWORK, NON-PAINTED 334 74931310 1 PUMP FINISH, PAINTED BY PUMP MFG 335 74931520 1 PLUMBING FINISH, NON-PAINTED 336 1 **ENG Non-Painted Plumbing = Stainless steel welds shall be treated/coated. 337 1 **CLAR NOTES, MATCH 5584- FOR COLORS 338 75040210 1 TROUGH IN RUNNING BOARD, OFFICER'S SIDE 372 7/9/2024 15 Line Item # Qty Item Description/Comments 339 1 **ENG Running Board Trough Cover = Velcro Straps. 340 75510261 1 PUMP OPERATOR LIGHTS, AMDOR H2O LED STRIP 341 75530135 1 PUMP PANEL LIGHTS OFFICER'S SIDE, AMDOR LUMA-BAR LED STRIP 342 76010105 1 PUMP PANEL GAUGES & CONTROLS 343 60028050 1 PUMP PRIMER, TRIDENT, AIR 344 60028310 1 (1) PRIMER BUTTON - MAIN SUCTION 345 76025100 1 COMPRESSION FITTINGS ON AIR SYSTEM (CTZ PUMP MODULE) 346 76031975 1 AIR OUTLET, BOTH SIDES OF PUMP PANEL 347 76030805 1 HALE TRV-L THERMAL RELIEF VALVE WITH LIGHT AT PUMP PANEL 348 76031900 1 AIR HORN PUSH BUTTON SWITCH ON PUMP PANEL 349 76510065 1 GAUGES, MASTER, INNOVATIVE CONTROLS TC SERIES, 4" 350 77510080 1 GAUGE, WATER LEVEL, CLASS 1, INTELLI-TANK ITL-4 351 77532112 1 GAUGE, WATER LEVEL, WHELEN PSTANK2 LED (2) 352 77540155 1 GAUGE, FOAM LEVEL, CLASS 1, INTELLI-TANK ITL-4 353 1 **ENG Class of Foam for Foam Gauge = Class B. 354 10310230 1 WATER TANK 355 83525200 1 WATER TANK BRAND, UPF 356 83520425 1 WATER TANK, 500 GAL, POLY 357 10310300 1 BODY 358 80126030 1 BODY SAA-3, LEFT HIGH / RIGHT INTERMED 359 80030001 1 STAINLESS STEEL SUBFRAME FOR BODY, SINGLE AXLE AERIALS 360 1 **ENG Dealer Supplied Compartmentation = Compartment options will be Dealer Supplied. 361 10310302 1 BODY COMPARTMENTS 362 81165705 1 UNISTRUT TRACK IN COMPTS 363 80225125 1 REAR COMPT DOOR (A1) AMDOR ROLL‐UP, PAINTED 364 80220340 1 COMPT DOORS, AMDOR ROLL-UP, PAINTED 365 84531110 1 COMPT LIGHTING, AMDOR LED LIGHT STRIPS, 2 PER COMPT 373 7/9/2024 16 Line Item # Qty Item Description/Comments 366 80288888 1 SPECIAL ITEM, Raise Right Side Compts 8 inches 367 1 **CLAR NOTES, REAR COMPT DOOR (A1) AMDOR ROLL-UP, ANODIZED BLACK **ENG R2 will be a lift-up hinged door (8= tall than normal) with a black paddle latch. H1 compartment will be aluminum hinged doors with black paddle latches to match the cab exterior compartments. All roll-up doors to have end slat shoes. 368 80288888 1 SPECIAL ITEM, AMDOR ROLL-UP DOOR END SLAT SHOES 369 80288888 1 SPECIAL ITEM, TREADPLATE STEP ABOVE A1 COMPARTMENT, FULL WIDTH OF HOSEBED 370 1 **CLAR NOTES, **ENG BLACK OUT Pump Module Grab Handrails - Raptor Wheel Well Trim Fenderettes 3 Black Rubber Pike pole boxes and doors 3 Raptor SCBA compt/fuel doors 3 Raptor Grab Handrails - Top of Body around pump module 3 Raptor Grab Handrails - Rear of Body 3 Raptor Candy cane handrails for aerial access ladder Pump Module Running boards -Raptor Exterior face of running board troughs - Raptor Tailboard 3 Raptor Folding steps on body 3 Black from vendor Rear Hosebed Step above A1 3 Raptor Fixed step on rear body 3 Raptor Rub Rails - Raptor Turntable treadplate- Raptor All treadplate on the hydraulic compartment and turntable. Access ladder wrap Jack skirts Jack feet Pump module step Aerial controls box. Pump Module header Access Ladder Pull-out steps Body rub rails Fuel Fill door 371 10310305 1 BODY EXTERIOR 372 81320300 1 HOSEBED, SA75, SL75, SP70 373 81428888 1 SPECIAL Hosebed Cover COVER, BLACK VINYL, MAIN HOSE BED, REAR FLAP ONLY WITH 9 REFLECTIVE LETTERS 374 1 **ENG Hosebed Cover Color = Black. 375 81440288 1 SPECIAL Hosebed Cover Fastener METAL BUCKLES 376 1 **ENG Specify number of rear flaps, fasteners & and how they terminate (manufacturer’s discretion or customer specified?) = TBD @ Pre-Con. 377 81330300 1 HOSE BED DIVIDER, ADJ (1) 378 81332015 1 HOSEBED LIGHTING, FRONT, TECNIQ E44 LED LIGHT STRIP 379 81340100 1 HOSEBED ABOVE LEFT SIDE BODY 374 7/9/2024 17 Line Item # Qty Item Description/Comments 380 81430100 1 COVER, VINYL, FOR ADDT'L UPPER BODY HOSEBED 381 81910300 1 HANDRAILS, KNURLED STS, 70, 75, 100, 105 382 82072800 2 CHROME GRAB HANDLE (2) 383 1 **ENG State Grab Handle Locations = Near Pump panel right and left side 384 82014300 1 STEPS, IC FOLD DOWN W/LIGHT & PULL-OUT (70 & 75) 385 1 **ENG Step Light Color = White. 386 82030500 1 FIXED CAST ALUMINUM STEP - EACH (1) 387 1 **ENG Cast Aluminum Step Size = Cast8x11 388 1 **ENG State Cast Aluminum Step Locations = STEP TO INCLUDE INTEGRATED LICENSE PLATE BRACKET 389 82520000 1 RUB RAILS, EXTRUDED ALUM 390 83010150 1 ALUMINUM TREADPLATE (AERIALS) 391 83030315 1 REAR STEP/TAILBOARD CORNERS, 45 DEGREE 392 80231228 1 6 SCBA CYLINDER COMPTS (3 LEFT, 3 RIGHT) 393 80290310 6 DOOR FINISH, BRUSHED STAINLESS, SINGLE/DOUBLE SCBA COMPT (6) 394 89988888 1 SPECIAL ITEM, BACKBOARD COMPARTMENT 395 1 **CLAR NOTES, MATCH HS 5839 396 89988888 1 SPECIAL ITEM, 26.5" SCBA TUBES 397 1 **CLAR NOTES, DEEP SCBA CYLINDERS 398 83030610 1 REAR FENDERS, STAINLESS STEEL (SINGLE AXLE AERIALS & SLTDA105) 399 89020330 1 LADDERS, DUO-SAFETY QUINT (MT) 85' 16R', 24'-2sec, 35'-3sec & 10'F 400 89510001 1 LADDER MOUNTING BRACKETS, W/POLISHED ALUM HANDLES 401 89088888 1 SPECIAL ITEM, DELETE THE 35FT LADDER 402 1 **CLAR NOTES, MATCH HS 5839 403 1 **CLAR NOTES, CHANGE 16FT ROOF TO 14 FT ROOF 404 10310310 1 ELECTRICAL 405 84550110 1 LICENSE PLATE BRACKET W/ LIGHT, LED 406 84511100 1 BODY ELECTRICAL DESCRIPTION 375 7/9/2024 18 Line Item # Qty Item Description/Comments 407 84520000 1 BACK UP ALARM, ECCO SA917 408 85010420 1 TAILLIGHTS, WHELEN M6 SERIES, LED STOP/TAIL/TURN/REVERSE, QUAD HOUSING (PAIR) 409 1 **ENG Tail Light Housing Color = Black. 410 85110100 1 ICC LIGHTS, LED 411 85510210 1 STEP LIGHTS, LED, REAR BODY & WHELEN 2G AT PUMP PANEL 412 85710040 1 UNDERCARRIAGE GROUND LIGHTS, WHELEN 2G LED 413 86520300 1 REAR WORK LIGHTS, (2) FIRETECH WL-2000-F-B, LED 414 86600200 1 OPTICAL WARNING SYSTEM, UPPER (SA75/SL75) 415 86610130 1 UPPER WARNING LIGHTS, ZONE A (FRONT), WHELEN FREEDOM IV 72" LED LIGHT BAR, F4N7QLED, 14 MODULES 416 86920100 1 UPPER ZONE A LIGHTBAR, STANDARD CONFIGURATION 417 1 **ENG Zone A, Upper Lightbar Standard Configuration = Single light bar: (2) end red LED modules, (2) corner red LED modules, (8) forward -facing red LED modules, and (2) forward-facing white LED modules. All clear outer lenses. Installed on the cab roof as far forward as pos sible with two (2) MK8H 5in. cast aluminum risers. 418 1 **ENG Upper Warning Lights Note: Body Facility to provide/install lightbar 419 86699999 1 UPPER WARNING LIGHTS, ZONE B (OFFICER'S SIDE), COVERED BY ZONES A & C 420 86710120 1 UPPER WARNING LIGHTS, ZONE C (REAR), WHELEN LED BEACONS, MCFLED2* (PAIR) 421 86899999 1 UPPER WARNING LIGHTS, ZONE D (DRIVER'S SIDE), COVERED BY ZONES A & C 422 87100200 1 OPTICAL WARNING SYSTEM, LOWER (SA75/SL75) 423 87110210 1 LOWER WARNING LIGHTS, ZONE A (FRONT), WHELEN M6 LED, M6* (QTY 4) 424 87811130 1 LOWER, ZONE A - MOUNTING LOCATION (DUAL HOUSINGS) 425 1 **ENG Zone A, Lower - Front, Mounting Location = (2) Warnings in top headlight housing, each side. 426 87210210 1 LOWER WARNING LIGHTS, ZONE B (OFFICER'S SIDE), WHELEN M6 LED, M6* (QTY 3) 427 87812130 1 LOWER, ZONE B - MOUNTING LOCATION (SL75, SA75) 428 1 **ENG Zone B, Lower - Officer's Side, Mounting Location = The lights shall be installed one near the front corner of the apparatus, one near the middle of the apparatus, and one near the rear axle. 429 87310200 1 LOWER WARNING LIGHTS, ZONE C (REAR), WHELEN M6 LED, M6* (QTY 2) 430 87410210 1 LOWER WARNING LIGHTS, ZONE D (DRIVER'S SIDE), WHELEN M6 LED, M6* (QTY 3) 431 87814130 1 LOWER, ZONE D - MOUNTING LOCATION (SL75, SA75) 376 7/9/2024 19 Line Item # Qty Item Description/Comments 432 1 **ENG Zone D, Lower - Driver's Side, Mounting Location = The lights shall be installed one near the front corner of the apparatus, one near the middle of the apparatus, and one near the rear axle. 433 87537734 1 ADDITIONAL WARNING LIGHTS, WHELEN M6 LED, M6* (PAIR) (1) 434 1 **ENG Additional Whelen Warning Lights Note: Body Facility to provide/install Additional M6 LED Warning Lights 435 87537738 6 ADDITIONAL WARNING LIGHTS, WHELEN ION T-SERIES LED, TLI*(PAIR) (6) 436 1 **ENG Whelen Ion-T Lens Color = Clear. 437 1 **ENG Additional Whelen Warning Lights Note: Body Facility to provide/install Additional Whelen ION-T LED Warning Lights 438 87537750 1 ADDITIONAL WARNING LIGHTS, WHELEN M6V2* LED (PAIR) (1) 439 1 **ENG Whelen M6V2LED Warning Light Color = Amber. 440 1 **ENG Whelen M6V2 LED Lens Color = Clear. 441 1 **ENG Additional Whelen Warning Lights Note: Body Facility to provide/install Additional M6V2 LED Warning Lights 442 88390910 2 SCENE LIGHT, FRC SPECTRA 15K, 12V LED, SURFACE MOUNT (2) 443 88390920 1 SCENE LIGHT, FRC SPECTRA 20K, 12V LED, FIXED/SWIVEL W/ SWITCH (1) 444 86537815 1 SCENE LIGHTS, WHELEN M6 LED, SURFACE MOUNT (PAIR) (1) 445 1 **ENG Light Mounting Location & Switching = MOUNT ON REAR OF CAB IN RAISED ROOF SECTION. SWITCHED IN CAB 446 88393000 1 SCENE LIGHTS, FIRETECH 30K LUMENS, 12V LED, 72" 3‐PIECE BROW, W/INTEGRATED ICCS FT‐B‐ 72‐ML‐3PKIT‐* (1) 447 1 **ENG ICC Cab Marker Lights Integrated in Brow Light = Yes 448 10310400 1 AERIAL 449 10040220 1 MODEL SL75, AERIAL COMPONENTS 450 95010350 1 AERIAL LADDER, SL75 451 95012100 1 LIFTING CYLINDERS - SL75 452 95012200 1 EXTENSION & RETRACTION - SL75 453 95016100 1 TURNTABLE/ROTATION - SL75 454 95016300 1 TURNTABLE ACCESS, LADDER STAINLESS STEEL, LEFT 455 95016430 1 FULLY ENCLOSED COMPARTMENT, OFFICER SIDE, BEHIND CAB 456 95015500 1 HYDRAULIC & ELECTRIC SWIVELS - SL75 457 95015220 1 HYDRAULIC SYSTEM - SL75 377 7/9/2024 20 Line Item # Qty Item Description/Comments 458 95015300 1 EMERGENCY AUXILIARY HYDRAULIC MOTOR 459 95015400 1 INTERLOCK - SP70, SA75, SL75 460 95022100 1 JACKS - SCISSORS JACKS 461 95022150 1 AERIAL JACKS ALARM, ECCO DT500 462 93920100 1 JACK PADS, ALUMINUM, STORED BEHIND CAB 463 95025310 1 CONTROL STATION - SL75 464 95025405 1 DATA PLAQUES - AERIALS 465 95025505 1 OPERATIONAL TEST - LADDERS 466 95025602 1 LADDER TEST, THIRD PARTY TESTING 467 95033300 1 WATERWAY - SL75 468 95050140 1 AERIAL SPOT LIGHTS ‐ (4) FIRETECH FT-WL-X-5-S-B, LED (SA/SL/SLR) 469 95050190 1 LADDER LIGHTING SYSTEM, FIRETECH FT‐WL‐2000‐S‐B, LED (SA/SL/SLR75, SP70, SLR108) 470 95088888 1 SPECIAL ITEM, SPECIAL MOUNT INTERCOM AND NOZZLE CONTROL MATCH HS-5584 471 1 **CLAR NOTES, LADDER LIGHTING SYSTEM WILL BE RED, WHITE AND BLUE 472 95088888 1 SPECIAL ITEM, REFLEXITE ON LADDER TIP 473 1 **CLAR NOTES, SPECTRA FIXED 20K LUMEN MOUNTED AT LADDER TIP LADDER LIGHTING SYSTEM WILL BE RED, WHITE AND BLUE 474 95055500 1 MONITOR, AKRON 3480 STREAM MASTER2 ELEC RF W/5178 NOZZLE (SA/SL/SLR) 475 95059500 1 2.5” AUXILIARY WATERWAY DISCHARGE 476 60036010 1 THREADS, NST 477 95060115 1 INTERCOM SYSTEM, FRC ACT 2-STATION (SA75/SL75/SLR75/SLR108) 478 95040410 1 DOUBLE LIFTING RINGS, 250 LB. EA 479 95080200 1 STOKES BASKET MOUNTED ON BASE SECTION OF BOOM 480 96088888 1 SPECIAL ITEM, MOUNT PADDLE BOARD ON BASE SECTION OF BOOM 481 1 **CLAR NOTES, MATCH MOUNTING LOCATIONS FOR INTERCOM TO HS 5839 482 10310410 1 PAINT & FINISH 483 89910010 1 CORROSION REDUCTION PROGRAM (PROPOSALS) 484 90010050 1 STAINLESS PAINT SCHEME - STS PPRS & MINITOWER 378 7/9/2024 21 Line Item # Qty Item Description/Comments 485 90030004 1 PAINT, SINGLE TONE 486 1 **ENG Single Tone Paint Color = RED. 487 90030170 1 PAINT FRAME RAILS, FUEL TANK, & LOWER AERIAL COMPONENTS - BLACK (SINGLE AXLE) 488 90030190 1 TEXTURED FRAME RAIL COATING 489 90030032 1 PAINT, TURNTABLE, SIDE PLATES & LIFT CYLINDER OTHER THAN SILVER 490 90030015 1 A/C CONDENSER PAINTED ROOF COLOR 491 90600520 1 REFLECTIVE MATERIAL, TIP OF AERIAL LADDER, REFLEXITE 492 1 **ENG Dealer Supplied Graphics = Dealer supplied graphics will be provided for all options except rear chevrons. 493 90682120 1 CHEVRON STRIPING, REAR BODY OUTBOARD, REFLEXITE (Aerial Ladders) 494 90710300 1 BOOM SIGN, APPROX 66" x 10" 495 1 **ENG State Boom Sign Paint Color = RED 496 1 **CLAR NOTES, BOOM SIGN TO MATCH HS 5839 497 10310420 1 EQUIPMENT 498 91010000 1 MISC EQUIP - (1) PINT TOUCH-UP PAINT, STAINLESS STEEL NUTS & BOLTS 499 91030700 1 ZIAMATIC SAC-44 FOLDING WHEEL CHOCKS (PAIR) MTD W/ SQCH-44H HOLDERS 500 89050500 1 PIKE POLE STORAGE TUBES (3), DRIVER'S SIDE 501 89050510 1 PIKE POLE STORAGE TUBES (3), OFFICER'S SIDE 502 89088888 1 SPECIAL ITEM, DOORS FOR PIKE POLE TUBES 503 1 **CLAR NOTES, THERE WILL BE DOORS TO MATCH HS-5584 OVER PIKE POLE TUBES 504 89040400 3 FIRE HOOKS UNLIMITED, 6' ALL PURPOSE HOOK (3) 505 89040500 2 FIRE HOOKS UNLIMITED, 8' ALL PURPOSE HOOK (2) 506 89040600 2 FIRE HOOKS UNLIMITED, 12' ALL PURPOSE HOOK (2) 507 1 **CLAR NOTES, THE 12 FT IS ACTUALLY A 10FT , ALL WITH GAS SHUT OFF ON HANDLE NY HOOKS 508 10310600 1 COMPLETION & WARRANTY 509 99010100 1 MANUALS, ELECTRONIC VERSION (2-USB) 510 99030100 2 ADDITIONAL MANUFACTURER'S MANUAL (2) 511 99030250 2 ADDITIONAL MANUALS FROM MAJOR VENDORS (2) 379 7/9/2024 22 Line Item # Qty Item Description/Comments 512 1 **ENG Specify Additional Manual = CUMMINS 513 99031110 1 DELIVERY, AERIAL APPARATUS 514 99520310 1 WARRANTY, ONE YEAR - AERIALS (HILLIARD) 515 99521100 1 WARRANTY, FRAME, LIFETIME 516 99521200 1 WARRANTY, CAB STRUCTURAL, 10 YR. 517 99521300 1 WARRANTY, BODY STRUCTURAL, 10 YR. 518 99521400 1 WARRANTY, PAINT, 10 YR. 519 99521500 1 WARRANTY, AERIAL MECHANICAL, 2 YR. 520 99521600 1 WARRANTY, AERIAL STRUCTURAL, 30 YR. 521 99521900 1 WARRANTIES, MAJOR VENDOR COMPONENTS 522 99999999 TOTAL TRUCK PRICE 523 10310500 1 DEALER SUPPLIED 524 PDB001806 1 DEALER SUPPLIED - GRAPHICS 525 PDB000381 1 DEALER SUPPLIED - PDI-Aerial 526 PDB001296 1 DEALER SUPPLIED - Antenna Mounting(2) 527 PDB000101 1 DEALER SUPPLIED - Radio Mount- Dual Head 528 PDB000122 1 DEALER SUPPLIED - Compartment Matting- Ladder 529 PDB000209 1 DEALER SUPPLIED - David Clark Intercom (Four Position) Hard Wired 530 PDB000403 1 DEALER SUPPLIED - Medical Glove Holders (Upper Crew Doors) 531 PDB000331 1 DEALER SUPPLIED - Misc NFPA Equipment 532 PDB001217 1 DEALER SUPPLIED - Honda EU2200I Portable Generator 533 PDB000105 1 DEALER SUPPLIED - Mount Equipment 534 PDB001763 1 DEALER SUPPLIED - Shelves and Trays 535 PDB001739 1 DEALER SUPPLIED - Number Plate 12 x 12 Painted (4) 536 PDB000283 1 DEALER SUPPLIED - DEALER PREP 380 381 382 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases over $100,000 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-160- Approve award of Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites and authorized the City Manager to sign a contract with Brightview Landscape Services, Inc. of Blue Bell, PA. The estimated annual expenditure is $229,547.35 with staff requesting an additional $60,000 for any unforeseen needed requests for a total expenditure of $289,547.35. The bid allows for three (3), one (1) year renewals. Requested Action: Staff recommends approval of Proposed Resolution No. R24-160. Explanation of Request: Agreement Term: July 16, 2024 - July 15, 2026 On February 12, 2024 Procurement Services advertised requests for landscaping maintenance services for several utilities’ sites. One (1) submission was received through bids&tenders, which resulted in staff deciding to reject the solo bid and to advertise to re-bid the solicitation. After advertising again, the city received (3) bids, and two (2) of the three (3) vendors, Landscape Management Holding and Batallan Enterprises Inc., were deemed non-responsive due to not providing procurement-required documentation. During the final review, City staff determined that it would be in the best interest of the City to award the contract to Brightview Landscape Services, Inc., which was the lowest, most responsive, and responsible bidder. The Initial Agreement period is for a term of two (2) years. The City reserves the right to automatically renew the Agreement for three (3) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and the City's determination that renewal will be in the best interest of the City. How will this affect city programs or services? The purpose of this bid is to secure the best, most economical contractual landscaping services for various utility sites such as the West Water Treatment Plant, East Water Treatment Plant, lift stations, and wastewater/ponds sites. Fiscal Impact: Annual expenditure of $289,547.35 Attachments: 383 R24-160_Agenda_Item_1793- 2023_Resolution_for_Bid_Award_and_Agmt_to_Brightview_Landscape_REV___1_ (1).docx Exhibit A to Resolution - Agreement - Vendor Signed UTL24-045 ReBid Landscape Maintenance Services - BV Agreement Signed (7.3).pdf Exhibit A to Agmt - CostAnalysis UTL24-045.pdf UTL24-045 Brightview Landscape Services Inc - Proposal.pdf BidAnalysis Compliance Check - UTL24-045.pdf 384 RESOLUTION NO. R24-1601 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AWARDING RE-BID NO. UTL24-045 FOR LANDSCAPE 4 MAINTENANCE SERVICES FOR UTILITY SITES TO BRIGHTVIEW LANDSCAPE 5 SERVICES, INC., AND APPROVING AN AGREEMENT BETWEEN THE CITY 6 AND BRIGHTVIEW LANDSCAPE SERVICES, INC.; PROVIDING AN EFFECTIVE 7 DATE; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS,on February 12, 2024, the Procurement Division issued an Invitation to Bid for 10 landscaping maintenance services for several utility sites. One (1) submission was received 11 through bids & tenders, which resulted in staff deciding to reject the solo bid and to advertise 12 again to re-bid the solicitation; and13 WHEREAS, on May 1, 2024, the Procurement Division issued Re-Bid No. UTL24-045 for 14 Landscape Maintenance Services for Utility Sites; and 15 WHEREAS, the City received three (3) bids. Two (2) of the three (3) vendors, Landscape 16 Management Holding, LLC, and Batallan Enterprises, Inc., were deemed non-responsive due to 17 not providing Procurement-required documentation; and18 WHEREAS, during the final review, City staff has determined that it would be in the best 19 interest of the City to award the contract to Brightview Landscape Services, Inc., which was the 20 lowest, most responsive, and responsible bidder; and21 WHEREAS, the initial Agreement period is for a term of two (2) years, the City reserves the 22 right to automatically renew the Agreement for three (3) one-year renewals subject to Vendor23 acceptance, satisfactory performance as determined by the City, and determination by the City 24 that renewal will be in the best interest of the City; and25 WHEREAS, upon recommendation of staff, the City Commission has deemed it to be in 26 the best interests of the citizens and residents of the City to award Re-Bid No. UTL24-045 for27 Landscape Maintenance Services for Utility Sites to Brightview Landscape Services, Inc., and 28 approve an Agreement between the City and Brightview Landscape Services, Inc.29 30 31 32 385 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 37 award Re-Bid No. UTL24-045 for Landscape Maintenance Services for Utility Sites to Brightview 38 Landscape Services, Inc.39 SECTION 3.The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve an Agreement between Brightview Landscape Services, Inc. and the City for Re-Bid No. 41 UTL24-045 for Landscape Maintenance Services for Utility Sites (the “Agreement”), in form and 42 substance similar to that attached as “Exhibit A.” 43 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayorto execute the Agreementand other related documents as may be necessary 45 to accomplish the purpose of this Resolution.46 SECTION 5.One fully-executed original of the Agreement shall be retained by the City 47 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to 48 Howard Kerr and Michael Dauta to forward to the Vendor.49 SECTION 6.This Resolution shall take effect in accordance with law.50 51 52 53 [signatures on following page]54 55 56 57 58 59 386 PASSED AND ADOPTED this 16th day of July 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 Mayor – Ty Penserga __________63 64 Vice Mayor – Aimee Kelley __________65 66 Commissioner – Angela Cruz __________67 68 Commissioner – Woodrow L. Hay __________69 70 Commissioner – Thomas Turkin __________71 72 VOTE ______73 ATTEST:74 75 ___________________________________________________________76 Maylee De Jesús, MPA, MMC Ty Penserga77 City Clerk Mayor78 79 APPROVED AS TO FORM:80 (Corporate Seal)81 82 _______________________________83 Shawna G. Lamb84 City Attorney85 387 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BRIGHTVIEW LANDSCAPE SERVICES, INC. THIS AGREEMENT (“Agreement”), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “CITY”, and Brightview Landscape Services, Inc. a corporation authorized to do business in the State of Florida, with a business address of 980 Jolly Road Suite 300, Blue Bell, PA 19422, hereinafter referred to as the “VENDOR,” each a “Party” and collectively the “Parties.” In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work, and all labor, parts, and materials related as described in Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Landscape Maintenance Services for Utility Sites. The terms and conditions of Re-Bid No. UTL24-045 and VENDOR’s bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, Re-Bid No. UTL24-045, and VENDOR’s bid, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) Re-Bid No. UTL24-045; and 3. VENDOR’s bid. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on July 16, 2024, and shall remain in effect through July 15, 2026, unless otherwise terminated in accordance with this Agreement (“Initial Term”). The CITY reserves the right to automatically renew the agreement for three (3) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY (“Renewal”). Such Renewals are only effective and valid if in writing and executed by the City’s Finance Director or designee. Both the Initial Term and all Renewals shall be collectively referred to as the “Term.” The City reserves the right to extend automatically for a period not to exceed an additional ninety (90) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service. At no time shall this extended transitional period extend more than the ninety (90) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. Price increase will be subject to the City’s approval at one (1) year renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at lease sixty (60) calendar days prior to the respective term anniversary date. Price adjustment/increase for any one- year term will be subject to City’s representative and Finance Director or designee’s approval. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent. 388 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-2 5. PAYMENT . The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices attached as to this Agreement as Exhibit A, in accordance with the following: A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee as approved by the City Commission as required. B. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. C. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon CITY’s ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment and incidentals necessary to complete the Work. E. The VENDOR’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR’s endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, State of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. VENDOR’s aggregate liability pursuant to this indemnification provision shall not exceed one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 389 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-3 C. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY’s Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: i. Worker’s Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 12, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must follow the Risk Management Insurance Advisory Form of the General Liability, Auto Liability and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, 390 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-4 voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, disability, marital status, political affiliation, pregnancy, gender identity and expression, sex or the presence of any physical or sensory handicap in the selection and retention of employees, procurement of materials or supplies, or in the performance of any Work pursuant to this Agreement. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) business days of written notice by the CITY to the VENDOR in which event the VENDOR shall be paid its compensation for services performed through the termination date, including services reasonably related to termination. In the event that the VENDOR abandons this Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, VENDOR’s failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices. C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR hereby 391 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-5 agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the VENDOR and the CITY, if the CITY so chooses. D. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement. E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by CITY due to VENDOR’s failure to comply with any term(s) of this Agreement. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: Brightview Landscape Service, Inc. ATTN: Dana Hoffmann Address: 11600 S Military Trail Bldg. J4 Boynton Beach, FL 33436 Phone: (954) 205-7651 Email: dana.hoffmann@brightview.com 18. PUBLIC RECORDS. 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 Work ; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR’s possession All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. 392 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-6 IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 19. UNCONTROLLABLE FORCES. A. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement 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 Agreement 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 governmental actions. B. 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 Agreement. 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. “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. 393 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-7 ii. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 23. MISCELLANEOUS. A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. B. CITY and VENDOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in this Agreement. C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by VENDOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from 394 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-8 all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the VENDOR’s bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, W ork provided by VENDOR does not conform to the requirements of this Agreement, or if the W ork exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the W ork to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR: I. The abandonment of the project by VENDOR for a period of more than seven (7) business days. II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY’s designee. III. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. V. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of VENDOR's assets, or for VENDOR 's interest in this Agreement, where possession 395 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-9 is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. i. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to VENDOR. ii. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within fourteen (14) calendar days of the receipt by VENDOR of such notice from CITY. 25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 26. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR 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 Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged to the VENDOR’s most favored customer for the same or substantially similar service. B. 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 vendors. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. 27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to Vendor and any subcontractor having access to personal identifying information pursuant to this Agreement, Vendor and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the 396 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-10 requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 28. PUBLIC ENTITY CRIME ACT. Vendor 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. Vendor 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 Vendor has been placed on the convicted vendor list. SIGNATURE PAGE FOLLOWS 397 , Assistant Secretary 398 Re-Bid No. UTL24-045 Landscape Maintenance Services for Utility Sites – Service Agreement A-11 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH BRIGHTVIEW LANDSCAPE SERVICES, INC. Daniel Dugger, City Manager (Signature), Brightview Landscape Services, Inc. Date: _______________________ Print Name of Authorized Official Title Date: _______________________ (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: _________________________________ Shawna G. Lamb, Office of the City Attorney ––––––––––––––––––––––––––––––––– Maylee De Jesus, City Clerk Darren McDonough Senior Vice President 7/1/24 Susan DeSantis 399 INSURANCE ADVISORY 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 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate - $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 400 Landscape Management Holding - The GreenShape Batallan Enterprises Inc. - Property Works BrightView Landscape Services, INC Schedule/Specifications Submission 1 Submission 1 Submission 1 BID PROPOSAL - EWTP/WWTP BIWEEKLY SERVICES $1,110.00 $19,000.00 $22,834.85 BID PROPOSAL - EWTP/WWTP EVERY 6 MO. SERVICES $10,055.00 $45,730.00 $16,788.98 BID PROPOSAL - WELLS BIWEEKLY SERVICES $1,615.00 $54,790.00 $26,864.64 BID PROPOSAL - WELLS EVERY 6 MO. SERVICES $3,230.00 $21,030.00 $3,141.00 BID PROPOSAL - STORMWATER BIWEEKLY SERVICES $1,380.00 $19,950.00 $26,871.65 BID PROPOSAL - STORMWATER EVERY 6 MO. SERVICES $24,430.00 $31,930.00 $11,527.40 BID PROPOSAL - LIFT STATION BIWEEKLY SERVICES $1,860.00 $20,300.00 $100,200.05 BID PROPOSAL - LIFT STATION EVERY 6 MO. SERVICES $5,035.00 $28,487.19 $21,318.78 Subtotal:$48,715.00 $241,217.19 $229,547.35 UTL24-045 - Re-Bid Landscape Maintenance Services for Utility Sites - Overview of Specifications and Schedule of Prices 401 UTL24-045 - Re-Bid Landscape Maintenance Services for Utility Sites Opening Date: May 1, 2024 8:30 AM Closing Date: May 31, 2024 2:30 PM Vendor Details Company Name:BrightView Landscape Services, INC Does your company conduct business under any other name? If yes, please state: Florida Address: 6300 Park of Commerce Blvd Boca Raton, Florida 33487 Contact:Dana Hoffmann Email:dana.hoffmann@brightview.com Phone:954-205-7651 Fax:954-205-7651 HST#:954194223 Submission Details Created On:Monday May 20, 2024 15:19:59 Submitted On:Friday May 31, 2024 00:54:49 Submitted By:Dana Hoffmann Email:dana.hoffmann@brightview.com Transaction #:1cd108c7-a6b2-4157-be94-ef9bf3b9fd00 Submitter's IP Address:104.12.104.153 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC402 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (EWTP/WWTP BIWEEKLY SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. Loc. No.Location Address Litter Control - Biweekly *Mowing - Biweekly * Line Trimming/Edging - Biweekly * Blowing - Biweekly *Weed Control - Biweekly * 1 East Water Treatment Plant 124 E Woolbright Road $2,642.0000 $2,642.0000 $2,642.0000 $2,642.0000 $2,642.0000 * 2 West Water Treatment Plant 5469 W Boynton Beach  Blvd $1,924.9700 $1,924.9700 $1,924.9700 $1,924.9700 $1,924.9700 * Subtotal:$ 22,834.85 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (EWTP/WWTP EVERY 6 MO. SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. Loc. No.Location Address Tree Trimming - 6 mo. * Pruning & Hedge/Shrub/Flowering Plant Maintenance - 6 mo. * Irrigation Maintenance/Repairs - 6 mo. * Mulching - 6 mo. * 1 East Water Treatment Plant 124 E Woolbright Road $1,321.0100 $1,321.0100 $239.0000 $9,760.0000 * 2 West Water Treatment Plant 5469 W Boynton Beach  Blvd $962.4800 $962.4800 $143.0000 $2,080.0000 * Subtotal:$ 16,788.98 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC403 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (WELLS BIWEEKLY SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. PLEASE USE THE BID PROPOSAL FORM WITHIN THE BID PACKAGE AS A REFERENCE. NOT ALL LOCATIONS WILL REQUIRE ALL SERVICES LISTED. FOR SERVICES NOT APPLICABLE TO THE LOCATION, ENTER A ZERO (0) AS THE PRICE. Loc. No.Location Address Litter Control - Biweekly * Mowing - Biweekly * Line Trimming/Edging - Biweekly * Blowing - Biweekly * Weed Control - Biweekly * Pruning & Hedge/Shrub/Flow ering Plant Maintenance - Biweekly * 3 3 Mil Ground Storage  Tank 3600 Miner Road $647.0000 $647.0000 $647.0000 $647.0000 $647.0000 $647.0000 * 4 1 Mil Ground Storage  Tank 2611 W Woolbright  Road $1,294.0000 $1,294.0000 $1,294.0000 $1,294.0000 $1,294.0000 $1,294.0000 * 5 Well# 4W 6058 Sun Berry Circle $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 6 Well# 5W 9415 Nursery Lane $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 7 Well# 6W 9941 Majestic Way $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 8 Well# 9W Behind 9687 Sills Drive  East $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 9 Well# 15E SW 17th Lane $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 10 Well# 18E SW 17th Lane $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 11 Well# 19E 1900 Corporate Blvd $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 12 Well# 20E 1900 Corporate Blvd $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 13 Well# 21E 1900 Corporate Blvd $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 14 Well# 22E 1900 Corporate Blvd $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 15 Well# 16E SW 17th Lane $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * 16 Well# 17E SW 17th Lane $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 $211.3700 * Subtotal:$ 26,864.64 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (WELLS EVERY 6 MO. SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. Loc. No.Location Address Tree Trimming - 6 mo. *Mulching - 6 mo. * 3 3 Mil Ground Storage Tank 3600 Miner Road $647.0000 $1,120.0000 * 4 1 Mil Ground Storage Tank 2611 W Woolbright Road $1,294.0000 $80.0000 * Subtotal:$ 3,141.00 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (STORMWATER BIWEEKLY SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. Loc No.Location Address Litter Control - Biweekly *Mowing - Biweekly * Line Trimming/Edging - Biweekly * Blowing - Biweekly *Weed Control - Biweekly * 17 Inca Pond #1 NE 10th Ave & NE 7th St $757.0000 $757.0000 $757.0000 $757.0000 $757.0000 * 18 Inca Pond #2 NE 10th Ave & NE 7th St $757.0000 $757.0000 $757.0000 $757.0000 $757.0000 * 19 Inca Pond #3 NE 8th Ave & NE 7th St $1,132.0000 $1,132.0000 $1,132.0000 $1,132.0000 $1,132.0000 * 20 Inca Pond #4 NE 7th Ave & NE 7th St $1,132.0000 $1,132.0000 $1,132.0000 $1,132.0000 $1,132.0000 * 21 Casa Bella Dry Retainage Area NW 8th Ave & NW 10th St $766.0000 $766.0000 $766.0000 $766.0000 $766.0000 * 22 Mago Heights Drainage Area SW 6th Ave near SW 3rd  St $452.9100 $452.9100 $452.9100 $452.9100 $452.9100 * 23 Lake Boynton Estate Retention  Area Between SW 1st Ave &  SW 4th Ave $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * Subtotal:$ 26,871.65 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC404 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (STORMWATER EVERY 6 MO. SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. PLEASE USE THE BID PROPOSAL FORM WITHIN THE BID PACKAGE AS A REFERENCE. NOT ALL LOCATIONS WILL REQUIRE ALL SERVICES LISTED. FOR SERVICES NOT APPLICABLE TO THE LOCATION, ENTER A ZERO (0) AS THE PRICE. Loc. No.Location Address Tree Trimming - 6 mo. * Pruning & Hedge/Shrub/Flowering Plant Maintenance - 6 mo. * Irrigation Maintenance/Repairs - 6 mo. * Mulching - 6 mo. * 17 Inca Pond #1 NE 10th Ave & NE 7th St $0.0000 $757.0000 $190.0000 $1,680.0000 * 18 Inca Pond #2 NE 10th Ave & NE 7th St $0.0000 $757.0000 $190.0000 $1,680.0000 * 19 Inca Pond #3 NE 8th Ave & NE 7th St $0.0000 $1,132.0000 $94.9300 $240.0000 * 20 Inca Pond #4 NE 7th Ave & NE 7th St $0.0000 $1,132.0000 $94.9300 $240.0000 * 21 Casa Bella Dry Retainage Area NW 8th Ave & NW 10th St $0.0000 $766.0000 $0.0000 $0.0000 * 22 Mago Heights Drainage Area SW 6th Ave near SW 3rd St $0.0000 $766.0000 $95.6400 $80.0000 * 23 Lake Boynton Estate Retention  Area Between SW 1st Ave & SW  4th Ave $0.0000 $377.4200 $0.0000 $0.0000 * 24 Tennis Center Pond A S Congress Ave & 30th St $0.0000 $104.5400 $0.0000 $0.0000 * 25 Tennis Center Pond B S Congress Ave & 30th St $0.0000 $104.5400 $0.0000 $0.0000 * 26 Quantum Ponds 6 & 7 Quantum Blvd $0.0000 $104.5400 $0.0000 $0.0000 * 27 Site 1 Gateway Blvd & Quantum  Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 28 Site 2 Gateway Blvd & Quantum  Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 29 Site 3 Gateway Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 30 Site 4 Quantum Lakes Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 31 Site 5 Quantum Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 32 Site 6 Gateway Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 33 Site 7 Quantum Blvd $52.2700 $52.2700 $0.0000 $0.0000 * 34 Site 8A MIner Road $52.2700 $52.2700 $0.0000 $0.0000 * 35 Site 8B Miner Road $52.2700 $52.2700 $0.0000 $0.0000 * Subtotal:$ 11,527.40 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (LIFT STATION BIWEEKLY SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. PLEASE USE THE BID PROPOSAL FORM WITHIN THE BID PACKAGE AS A REFERENCE. NOT ALL LOCATIONS WILL REQUIRE ALL SERVICES LISTED. FOR SERVICES NOT APPLICABLE TO THE LOCATION, ENTER A ZERO (0) AS THE PRICE. Loc. No.Location Address Litter Control - Biweekly Mowing - Biweekly Line Trimming/Edging - Biweekly Blowing - Biweekly Weed Control - Biweekly 36 Lift Station #201 - Inlet  Harbor Inlet Harbor on Potter Road $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 * 37 Lift Station #213 -  Pence Park Pence Park $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 * 38 Master Lift Station  #309 - Rainbow City  Master NW 19th Ave & N Seacrest $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 * 39 Lift Station #312 -  Hypoluxo Force 8004 N Federal Highway $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 * 40 Lift Station #313 -  Wilson Park NW 3rd St & NW 13th Ave $1,358.7300 $1,358.7300 $1,358.7300 $1,358.7300 $1,358.7300 * 41 Lift Station #314 -  Lakeshore 8150 N Federal  Highway  (640 sq) $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 * 42 Lift Station #315 -  The  Crossings NE 4th St & NE 26th Ave $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 43 Lift Station #316 - Golf  Road Master 4901 Golf Road $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 * 44 Master Lift Station  #317 - Burger King 1527 W Boynton Beach  Blvd (4,620 sq Inside fence) $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 * 45 Master Lift Station  #319 - Knollwood 8020 Lawrence Road $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 $1,132.2800 * Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC405 46 Master Lift Station  #356 - BBB Master  LS357 Storm E Boynton Beach Blvd E  US 1 $754.8500 $754.8500 $754.8500 $754.8500 $754.8500 * 47 Lift Station #403 - High  Point #1 West end of Highpoint Blvd $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 48 Lift Station #405 -  Bethesda Hospital SW 6th St & SW 27th Ave $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 49 Lift Station #408 –  Mission Hill 900 Mission Hill Road $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 50 Lift Station #409 - SE  2nd Court SW 34th Ave & SE 2nd Ct $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 51 Lift Station #503 -  Pioneer Park Pioneer Park $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 52 Lift Station #505 -  Venice Drive Venice Drive $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 * 53 Lift Station #506 - Coral  Drive Coral Drive $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 * 54 Lift Station #517 -  Boynton Lakes N Paxford Lane, Boynton  Lakes N $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 55 Lift Station #520 –  Boynton Lakes N E Chesterfield Drive,  Boynton Lakes N $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 56 Lift Station #606 –  Leisureville 5 1909 SW 18th Street $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 57 Lift Station #609 –  Golfview Harbor 2 SW 27th Ave E of SW  13th Ct $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 58 Lift Station #613–  Commerce Center 1900 Corporate Blvd $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 59 Lift Station #615 -  Meadows North 10 Meadows North $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 60 Lift Station #707 -  Boynton Lakes S SE corner Frankland Circle  & NW 36th Terrace $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 61 Lift Station #710 -  Meadows South Near Meadows Park $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 62 Lift Station #712 -  Boynton Mall Boynton Mall $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 63 Lift Station #713 - Fox  Hollow 7501 Lawrence Road $0.0000 $0.0000 $0.0000 $0.0000 $0.0000 * 64 Lift Station #714 -  Homes of Lawrence 7280 Palmdale Drive $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 65 Master Lift Station  #801 - Drexel Master NW corner Lawrence Road  & Boynton Blvd $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 66 Lift Station #805 -  Greentree Cedar Point Blvd &  Storkwood Drive $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 67 Lift Station #808 -  Cypress Creek 4945 Palo Verde Drive $566.1700 $566.1700 $566.1700 $566.1700 $566.1700 * 68 Lift Station #814 - Pine  Tree Villas 1808 Greentrail Drive $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 69 Lift Station #815 - Pine  Tree Villas Pine Tree Villas (Military  Trail) $754.8500 $754.8500 $754.8500 $754.8500 $754.8500 * 70 Lift Station #816 - WXEL Island Drive $502.7300 $502.7300 $502.7300 $502.7300 $502.7300 * 71 Lift Station #906 -  Rainbow Lakes 5333 Brian Blvd $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 72 Lift Station #912 -  Gables End 8484 Northstar Avenue $502.7300 $502.7300 $502.7300 $502.7300 $502.7300 * 73 Lift Station #915 - Coco  Pines 37 Coco Pine Drive $377.4200 $377.4200 $377.4200 $377.4200 $377.4200 * 74 Lift Station #922 -  Nautica Sound 6999 Nautica Sound Blvd $502.7300 $502.7300 $502.7300 $502.7300 $502.7300 * Subtotal:$ 100,200.05 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC406 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (LIFT STATION EVERY 6 MO. SERVICES) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES”. PLEASE USE THE BID PROPOSAL FORM WITHIN THE BID PACKAGE AS A REFERENCE. NOT ALL LOCATIONS WILL REQUIRE ALL SERVICES LISTED. FOR SERVICES NOT APPLICABLE TO THE LOCATION, ENTER A ZERO (0) AS THE PRICE. Loc. No.Location Address Pruning & Hedge/Shrub/Flowering Plant Maintenance - 6 mo. Mulching - 6 mo. 36 Lift Station #201 - Inlet Harbor Inlet Harbor on Potter Road $104.5400 $0.0000 * 37 Lift Station #213 - Pence Park Pence Park $1,132.2800 $400.0000 * 38 Master Lift Station #309 - Rainbow City  Master NW 19th Ave & N Seacrest $1,132.2800 $0.0000 * 39 Lift Station #312 - Hypoluxo Force 8004 N Federal Highway $69.6700 $0.0000 * 41 Lift Station #314 - Lakeshore 8150 N Federal  Highway (640 sq)$69.6700 $0.0000 * 42 Lift Station #315 -  The Crossings NE 4th St & NE 26th Ave $377.4200 $0.0000 * 43 Lift Station #316 - Golf Road Master 4901 Golf Road $1,132.2800 $0.0000 * 44 Master Lift Station #317 - Burger King 1527 W Boynton Beach Blvd (4,620 sq  Inside fence) $1,132.2800 $0.0000 * 45 Master Lift Station #319 - Knollwood 8020 Lawrence Road $1,132.2800 $1,440.0000 * 46 Master Lift Station #356 - BBB Master  LS357 Storm E Boynton Beach Blvd E US 1 $754.8500 $0.0000 * 47 Lift Station #403 - High Point #1 West end of Highpoint Blvd $566.1700 $0.0000 * 48 Lift Station #405 - Bethesda Hospital SW 6th St & SW 27th Ave $377.4200 $0.0000 * 49 Lift Station #408 – Mission Hill 900 Mission Hill Road $377.4200 $240.0000 * 50 Lift Station #409 - SE 2nd Court SW 34th Ave & SE 2nd Ct $566.1700 $0.0000 * 51 Lift Station #503 - Pioneer Park Pioneer Park $377.4200 $0.0000 * 52 Lift Station #505 - Venice Drive Venice Drive $104.5400 $0.0000 * 53 Lift Station #506 - Coral Drive Coral Drive $104.5400 $0.0000 * 54 Lift Station #517 - Boynton Lakes N Paxford Lane, Boynton Lakes N $377.4200 $0.0000 * 55 Lift Station #520 – Boynton Lakes N E Chesterfield Drive, Boynton Lakes N $566.1700 $0.0000 * 56 Lift Station #606 – Leisureville 5 1909 SW 18th Street $377.4200 $0.0000 * 57 Lift Station #609 – Golfview Harbor 2 SW 27th Ave E of SW 13th Ct $566.1700 $0.0000 * 58 Lift Station #613– Commerce Center 1900 Corporate Blvd $566.1700 $0.0000 * 59 Lift Station #615 - Meadows North 10 Meadows North $566.1700 $0.0000 * 60 Lift Station #707 - Boynton Lakes S SE corner Frankland Circle & NW 36th  Terrace $377.4200 $0.0000 * 61 Lift Station #710 - Meadows South Near Meadows Park $377.4200 $0.0000 * 62 Lift Station #712 - Boynton Mall Boynton Mall $377.4200 $0.0000 * 63 Lift Station #713 - Fox Hollow 7501 Lawrence Road $104.5400 $0.0000 * 64 Lift Station #714 - Homes of Lawrence 7280 Palmdale Drive $566.1700 $0.0000 * 65 Master Lift Station #801 - Drexel Master NW corner Lawrence Road & Boynton Blvd $566.1700 $0.0000 * 66 Lift Station #805 - Greentree Cedar Point Blvd & Storkwood Drive $377.4200 $0.0000 * 67 Lift Station #808 - Cypress Creek 4945 Palo Verde Drive $566.1700 $0.0000 * 68 Lift Station #814 - Pine Tree Villas 1808 Greentrail Drive $377.4200 $0.0000 * 69 Lift Station #815 - Pine Tree Villas Pine Tree Villas (Military Trail)$754.8500 $0.0000 * 70 Lift Station #816 – WXEL Island Drive $502.7300 $0.0000 * 71 Lift Station #906 – Rainbow Lakes 5333 Brian Blvd $377.4200 $0.0000 * 72 Lift Station #912 – Gables End 8484 Northstar Avenue $502.7300 $0.0000 * 73 Lift Station #915 – Coco Pines 37 Coco Pine Drive $377.4200 $0.0000 * 74 Lift Station #922 – Nautica Sound 6999 Nautica Sound Blvd $502.7300 $0.0000 * Subtotal:$ 21,318.78 ADDITIONAL SERVICES - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES ADDITIONAL SERVICES SHEET - Price Proposal Online Form The following services are not part of the bid awarding amount. Additional services are on an “as needed” basis and/or required additional services throughout the term of the agreement; frequency of services is subject to change. These additional services are required on an “as needed” basis for these locations. Enter the rate per quantity of one (1). PLEASE USE THE BID PROPOSAL FORM WITHIN THE BID PACKAGE AS A REFERENCE. NOT ALL LOCATIONS WILL REQUIRE ALL SERVICES LISTED. FOR SERVICES NOT APPLICABLE TO THE LOCATION, ENTER A ZERO (0) AS THE PRICE. Loc. No.Location Address Quantity Tree Trimming Irrigation Maintenance/Repairs Chemical Application; Fertilization, Herbicide & Pesticide Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC407 1 East Treatment Plant 124 E. Woolbright Road 1 $7,000.0000 $225.0000 $853.2000 2 West Water Treatment Plant 5469 W. Boynton Beach Blvd 1 $10,200.0000 $225.0000 $747.3000 3 3 Mil Ground Storage Tank 3600 Miner Road 1 $3,000.0000 $150.0000 $154.0000 * 4 1 Mil Ground Storage Tank 2611 W Woolbright Road 1 $300.0000 $150.0000 $154.0000 * 5 Well #4W 6058 Sun Berry Circle 1 $300.0000 $75.0000 $154.0000 * 6 Well #5W 9415 Nursery Lane 1 $300.0000 $75.0000 $154.0000 * 7 Well # 6W 9941 Majestic Way 1 $450.0000 $75.0000 $154.0000 * 8 Well # 9W Behind 9687 Sills Drive East 1 $300.0000 $75.0000 $154.0000 * 9 Well #15E SW 17th Lane 1 $750.0000 $75.0000 $154.0000 * 10 Well # 18E SW 17th Lane 1 $300.0000 $75.0000 $154.0000 * 11 Well # 19E 1900 Corporate Blvd 1 $300.0000 $75.0000 $154.0000 * 12 Well # 20E 1900 Corporate Blvd 1 $300.0000 $75.0000 $154.0000 * 13 Well # 21E 1900 Corporate Blvd 1 $300.0000 $75.0000 $154.0000 * 14 Well # 22E 1900 Corporate Blvd 1 $300.0000 $75.0000 $154.0000 * 15 Well # 16E SW 17th Lane 1 $300.0000 $75.0000 $154.0000 * 16 Well # 17E SW 17th Lane 1 $300.0000 $75.0000 $154.0000 * 17 Inca Pond #1 NE 10th Ave & NE 7th St 1 $2,000.0000 $75.0000 $154.0000 * 18 Inca Pond #2 NE 10th Ave & NE 7th St 1 $1,100.0000 $75.0000 $154.0000 * 19 Inca Pond #3 NE 8th Ave & NE 7th St 1 $450.0000 $75.0000 $154.0000 * 20 Inca Pond #4 NE 7th Ave & NE 7th St 1 $300.0000 $75.0000 $154.0000 * 21 Casa Bella Dry Retainage Area NW 8th Ave & NW 10th St 1 $300.0000 $75.0000 $154.0000 * 22 Mago Heights Drainage Area SW 6th Ave near SW 3rd St 1 $1,500.0000 $75.0000 $154.0000 * 23 Lake Boynton Estate Retention Area Between SW 1st Ave & SW 4th  Ave 1 $2,300.0000 $75.0000 $154.0000 * 24 Tennis Center Pond A S Congress Ave & 30th St 1 $1,300.0000 $75.0000 $154.0000 * 25 Tennis Center Pond B S Congress Ave & 30th St 1 $300.0000 $75.0000 $554.4000 * 26 Quantum Ponds 6 & 7 Quantum Blvd 1 $3,000.0000 $75.0000 $154.0000 * 36 Lift Station #201 - Inlet Harbor Inlet Harbor on Potter Road 1 $750.0000 $75.0000 $154.0000 * 37 Lift Station #213 - Pence Park Pence Park 1 $1,400.0000 $75.0000 $154.0000 * 38 Master Lift Station #309 - Rainbow  City Master NW 19th Ave & N Seacrest 1 $1,500.0000 $75.0000 $154.0000 * 39 Lift Station #312 - Hypoluxo Force 8004 N. Federal Highway 1 $300.0000 $75.0000 $154.0000 * 40 Lift Station #313 - Wilson Park NW 3rd St & NW 13th Ave 1 $150.0000 $75.0000 $154.0000 * 41 Lift Station #314 - Lakeshore 8150 N Federal Highway  (640 sq)1 $750.0000 $75.0000 $154.0000 * 42 Lift Station #315 - The Crossings NE 4th St & NE 26th Ave 1 $450.0000 $75.0000 $154.0000 * 43 Lift Station #316 - Golf Road Master 4901 Golf Road 1 $750.0000 $75.0000 $154.0000 * 44 Master Lift Station #317 - Burger  King 1527 W Boynton Beach Blvd  (4,620 sq inside fence) 1 $1,500.0000 $75.0000 $154.0000 * 45 Master Lift Station #319 - Knollwood 8020 Lawrence Road 1 $750.0000 $75.0000 $154.0000 * 46 Master Lift Station #356 - BBB  Master LS357 Storm East Boynton Beach Blvd East US  1 1 $150.0000 $75.0000 $154.0000 * 47 Lift Station #403 - High Point #1 West end of Highpoint Blvd 1 $300.0000 $75.0000 $154.0000 * 48 Lift Station #405 - Bethesda Hospital SW 6th St & SW 27th Ave 1 $200.0000 $75.0000 $154.0000 * 49 Lift Station #408 - Mission Hill 900 Mission Hill Road 1 $200.0000 $75.0000 $154.0000 * 50 Lift Station #409 - SE 2nd Court SE 34th Ave & SE 2nd Court 1 $200.0000 $75.0000 $154.0000 * 51 Lift Station #503 - Pioneer Park Pioneer Park 1 $150.0000 $75.0000 $154.0000 * 52 Lift Station #505 - Venice Drive Venice Drive 1 $150.0000 $75.0000 $154.0000 * 53 Lift Station #506 - Coral Drive Coral Drive 1 $300.0000 $75.0000 $154.0000 * 54 Lift Station # 517 - Boynton Lakes  North Paxford Lane, Boynton Lakes North 1 $150.0000 $75.0000 $154.0000 * 55 Lift Station # 520 - Boynton Lakes  North E Chesterfield Drive, Boynton  Lakes North 1 $300.0000 $75.0000 $154.0000 * 56 Lift Station #606 - Leisureville 5 1909 SW 18th St 1 $0.0000 $75.0000 $154.0000 * 57 Lift Station #609 - Golfview Harbor 2 SW 27th Ave E of SW 13th Court 1 $300.0000 $75.0000 $154.0000 * 58 Lift Station #613 - Commerce Center 1900 Corporate Blvd 1 $420.0000 $75.0000 $154.0000 * 59 Lift Station #615 - Meadows North 10 Meadows North 1 $420.0000 $75.0000 $154.0000 * 60 Lift Station #707 - Boynton Lake  South SE Corner Frankland Circle & NW  36 Terrace 1 $0.0000 $75.0000 $154.0000 * 61 Lift Station #710 - Meadows South Near Meadows Park 1 $120.0000 $75.0000 $154.0000 * 62 Lift Station #712 - Boynton Mall Boynton Mall 1 $200.0000 $75.0000 $154.0000 * 63 Lift Station #713 - Fox Hollow 7501 Lawrence Road 1 $600.0000 $75.0000 $154.0000 * 64 Lift Station #714 - Homes of  Lawrence 7280 Palmdale Drive 1 $210.0000 $75.0000 $154.0000 * 65 Master Lift Station #801 - Drexel  Master NW corner Lawrence Road &  Boynton Blvd 1 $650.0000 $75.0000 $154.0000 * 66 Lift Station #805 - Greentree Cedar Point Blvd & Storkwood  Drive 1 $75.0000 $75.0000 $154.0000 * 67 Lift Station #808 - Cypress Creek 4945 Palo Verde Drive 1 $150.0000 $75.0000 $154.0000 * 68 Lift Station #814 - Pine Tree Villas 1808 Greentrail Drive 1 $540.0000 $75.0000 $154.0000 * 69 Lift Station #815 - Pine Tree Villas Pine Tree Villas (Military Trail)1 $600.0000 $75.0000 $154.0000 * 70 Lift Station #816 - WXEL Island Drive 1 $200.0000 $75.0000 $154.0000 * 71 Lift Station #906 - Rainbow Lakes 5333 Brian Blvd 1 $500.0000 $75.0000 $154.0000 * 72 Lift Station #912 - Gables End 8484 Northstar Ave 1 $80.0000 $75.0000 $154.0000 * Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC408 73 Lift Station #915 - Coco Pines 37 Coco Pine Drive 1 $450.0000 $75.0000 $154.0000 * 74 Lift Station #922 - Nautica Sound 6999 Nautica Sound Blvd 1 $960.0000 $75.0000 $154.0000 * OTHER REQUIRED ADDITIONAL SERVICES - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES ADDITIONAL SERVICES SHEET - Price Proposal Online Form The following services are not part of the bid awarding amount. Additional services are on an “as needed” basis and/or required additional services throughout the term of the agreement; frequency of services is subject to change. These additional services are required on an “as needed” basis for these locations. Enter the rate per quantity of one (1). Additional Services Unit Price per Unit * Plant/Tree Installation 1 $65.0000 * Utility Site Lot Maintenance 1 $65.0000 * Summary Table Bid Form Amount BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (EWTP/WWTP BIWEEKLY SERVICES)$ 22,834.85 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (EWTP/WWTP EVERY 6 MO. SERVICES)$ 16,788.98 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (WELLS BIWEEKLY SERVICES)$ 26,864.64 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (WELLS EVERY 6 MO. SERVICES)$ 3,141.00 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (STORMWATER BIWEEKLY SERVICES)$ 26,871.65 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (STORMWATER EVERY 6 MO. SERVICES)$ 11,527.40 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (LIFT STATION BIWEEKLY SERVICES)$ 100,200.05 BID PROPOSAL - RE-BID LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (LIFT STATION EVERY 6 MO. SERVICES)$ 21,318.78 Subtotal Contract Amount:$ 229,547.35 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response *Comments Is your company a Minority Owned business?No Please select the appropriate response Not Applicable Do you possess a certification qualifying your business as a  Minority  Owned business? No Issuing organization name Input response in comments box to the right Brightview Landscape Services, INC * Date of Issuance Input response in comments box to the right 2014 * Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No 130+200802035 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC409 Letter of Interest The Letter of Interest shall summarizes the Bidder’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarize the Proposer's primary  qualifications and a firm commitment to provide the proposed  services. Dear City of Boynton Beach, I am writing to express our keen interest in Boynton Beach Utility Site Landscaping. We as Brightview are  eager to offer our expertise and services to contribute to the success of this opportunity. Our primary qualifications include a fully equipped staff from full service abilities to handle your locations.   We have many municipality that have used/use our service throughout the last few decades.  We are the  leading landscape company in the nation with a local presence and ability to mobilize quickly.  We have a  proven track record with our services in Miami County, Broward County, Palm Beach County and St Lucie  County.  With our team's collective experience and dedication, we are confident in our ability to meet and  exceed the requirements of all your locations. Furthermore, we are fully committed to providing the proposed services outlined in the bid documents. We  understand the importance of having a fully capable team to execute the scope and we are ready to  deliver results that align with your expectations. We are excited about the possibility of collaborating with the City of Boynton Beach are prepared to  discuss how we can best support your objectives. Please feel free to contact me at 954-205-7651 or  dana.hoffmann@brightview.com to schedule a meeting or further discuss any details. Thank you for considering Brightview for this opportunity. We look forward to the possibility of working  together. Sincerely, Dana Hoffmann Business Development Dana.hoffmann@brightview.com 954-205-7651 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms’ or government agencies’ experiences with your company; as such, please do not list the City of Boynton as a reference. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Name of Firm:City of Boca Raton City of Miramar Town of Miami Lakes Scope of Work:Full Maintenance of all Utility sites, pump  stations, and tanks. Full ground services of park grounds and athletic  fields. Full ground services of park grounds and  athletic fields. Project Location:Main location - Utility Service Complex 1401  Glades Road  Boca Raton, FL 33431  17 sites 2300 Civic Center Pl Miramar FL 33025 40 locations 6411 NW 162nd St Miami Lakes FL 33014 11 locations Project Lead/Manager:Ozzy Luckham Billy D Neal Jeremy Bajdaun Cost of Service:$95,934 $380,000 $625,000 Start Date of Service:April 2024 2009 2009 End Date of Service:March 2027 Renewed for another 2 years Renewed another year Contact Person:Ramy Maharaj Billy D Neal Jeremy Bajdaun Title:Utility Facilities Manager Parks and Recreation Director Parks and Recreation Director Email:rmaharaj@myboca.us bdneal@miramarfl.gov bajdaunj@miamilakes-fl.gov Phone #:561-239-4369 954-548-0443 954 670 4757 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name Address Scope of work license No Contract Amount Percentage (%) of Contract * Documents Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC410 Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Form & Bid Bond Documents - Bid Form and Bid Bond.pdf - Thursday May 30, 2024 16:22:44 Bidder's Qualification Statement - Bidder Qualification signed.pdf - Thursday May 30, 2024 10:11:03 Anti-Kickback Affidavit - Anti Kickback Affidavit signed.pdf - Thursday May 30, 2024 10:06:45 Non-Collusion Affidavit of Proposer - Non-collusion affidavit Signed.pdf - Thursday May 30, 2024 10:20:20 Certification Pursuant to Florida Statute § 287.135 - Certification pursuant to florida Signed.pdf - Thursday May 30, 2024 10:20:06 Limited Commercial Fertilizer Applicator Certificate/Lawn and Ornamental Pest Control License/Florida’s Certified Pesticide Applicator’s License - Certifications - Licenses.pdf - Thursday May 30, 2024 11:33:14 Business Tax Receipt, Evidence of Registered Business in Florida, and Business permits - Palm Beach Tax Receipt Lawn Maint Exp 9.30.2024.pdf - Tuesday May 28, 2024 14:58:40 E-Verify Form Under Section § 448.095 Florida Statutes - E verify form boynton signed.pdf - Thursday May 30, 2024 15:07:58 W-9 - w9 brightview.pdf - Tuesday May 28, 2024 12:42:24 Additional Document (optional) Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the VENDOR if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - Bid Bond - Boynton Beach.pdf - Thursday May 30, 2024 16:23:30 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC411 Addenda & Declarations SPECIAL TERMS & CONDITIONS PURPOSE: The purpose and intent of this Invitation to Bid is to secure firm fixed pricing and to establish a term contract for landscape maintenance services at various locations within the City of Boynton Beach. AWARD: The City reserves the right to make multiple awards for this Bid. Awards may be made to the lowest priced responsive and responsible Vendor(s) as follows: WATER TREATMENT PLANT (WTP): The City anticipates award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all services for all locations within the group to be considered for award of group and indicate “No Charge” for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for all locations within the group will be construed as incomplete and ineligible for award of the group. WATER STORAGE TANK AND WELL (WST/W): The City anticipates award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all services for all locations within the group to be considered for award of group and indicate “No Charge” for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for all locations within the group will be construed as incomplete and ineligible for award of the group. WASTEWATER LIFT STATION SITES (LS): The City anticipates award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all services for all locations within the group to be considered for award of group and indicate “No Charge” for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for all locations within the group will be construed as incomplete and ineligible for award of the group. STORMWATER MANAGEMENT SITES (SW): The City anticipates award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all services for all locations within the group to be considered for award of group and indicate “No Charge” for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for all locations within the group will be construed as incomplete and ineligible for award of the group. ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section if unrelated to the services bid in the group above. If the services are related (such as chemical application) it will be required that a unit cost be given for that additional service. If you do not intend to submit a bid on a particular service within this section, indicate “No Bid” for that item. Do not leave the line “blank.” Items within this section will not be considered in the evaluation process for award recommendation. BID TERM: The initial term of the Bid awarded shall be for two (2) years commencing on the date stated in the executed contract. The City reserves the right to automatically renew the agreement for three (3) additional one (1) year renewals subject to vendor acceptance, and satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. Agreement renewals are only effective and valid if in writing and executed by the City’s Finance Director or Designee. The City reserves the right to extend automatically for a period not to exceed an additional ninety (90) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service without further Commission action. At no time shall this extended transitional period extend more than ninety (90) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. ORDERING: The City reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract, and if the vendor is unable to comply therewith, the City reserves the right to purchase commodities/services from another source without penalty or prejudice to the City. FISCAL YEAR PURCHASE ORDER: Items shall be ordered via a Blanket Purchase Order on an “as needed” basis for each fiscal year that the Agreement is in existence at prices quoted per the Agreement. Invoices must be submitted against each individual blanket purchase order. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) calendar days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is at the sole and exclusive discretion of the City. MARKET CONDITIONS: The City of Boynton Beach reserves the right to purchase on the open market should lower market process prevail, at which time the successful Vendor shall have the option of meeting the lower price or relieving the City of Boynton Beach of any obligations previously understood. COMPETENCY OF BIDDERS: Pre-award inspection of the Vendor’s facility may be made prior to award of contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this bid and who can provide evidence that they have established a satisfactory record of performance for a sufficient delivery fleet to ensure that they can satisfactorily execute the services under the terms and conditions herein stated. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the most business practices in the industry and as determined by the designated City of Boynton Beach representative. VENDOR SERVICE REPRESENTATIVE: The Vendor must submit with their bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after hours, weekends, and holidays must be identified. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the Vendor’s authorized signature affixed to the Vendor acknowledgment attests to this. INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the “itemized” invoice and the Work Schedule (Logs) and review of any Performance Evaluation Forms. The Vendor will submit date and time stamped before and after pictures for all work being invoiced. This shall include all contract items listed in the SCOPE OF SERVICES Re-Bid 29 AND TECHNICAL REQUIREMENTS, PARAGRAPH 10. QUALITY STANDARDS FOR LANDSCAPE DISCIPLINES. The Finance Department processes payments either through E-Payables or paper checks every two (2) weeks and all checks are mailed. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC412 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us ; AP@bbfl.us All invoices submitted shall consist of as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as “partial”, “complete”, or “final invoice.” The City will accept partial deliveries. The invoice shall contain the Bidder’s Federal Employer Identification Number. The City’s terms of payment, unless otherwise stated in the Contract Documents are “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Vendor shall re-submit a corrected invoice to the City for processing. It will be the sole responsibility of the Vendor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Vendor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Vendor prior to leaving the work areas after completion of work. It is recommended that the Vendor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Vendor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Vendor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Vendor or the Vendor’s Performance and Payment Bond. By submitting a bid, the Vendor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Vendor shall not proceed when in doubt as to any dimension or measurement. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS: a. If the Vendor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Vendor’s knowledge of a delay. Vendor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Vendor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Vendor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Vendor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Vendor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Vendors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Vendor fails to start the work within the time specified, and if the City should nevertheless permit the Vendor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Vendor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Vendor. d. Liability of the Vendor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC413 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Dana Hoffmann, Business Developer, Brightview Landscape Services INC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages UTL24-045 Re-Bid Landscape Maintenance Services for Utility Sites Wed May 29 2024 09:57 AM 4 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC414 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC415 Bid Number: UTL24-045 Vendor Name: BrightView Landscape Services, INC416 417 Charles Gonzalez 95-4194223 #R4KLFDUZCLU5 200802035 30 May 24 418 P.O. Box 3353, West Palm Beach, FL 33402-3353 www.pbctax.com Tel: (561) 355-2264 **LOCATED AT** 11600 S MILITARY TRL BLDG J4 VILLAGE OF GOLF FL 33436 TYPE OF BUSINESS OWNER CERTIFICATION #RECEIPT #/DATE PAID AMT PAID BILL # LAWN MAINTENANCE WORLAND CHARLES B23.736476 9/20/2023 66.00 B40111438 This document is valid only when receipted by the Tax Collector’s Office.STATE OF FLORIDA PALM BEACH COUNTY 2023 / 2024 LOCAL BUSINESS TAX RECEIPT LBTR Number: 200802035 EXPIRES: 9/30/2024BRIGHTVIEW LANDSCAPE SERVICES INC BRIGHTVIEW LANDSCAPE SERVICES INC 11600 S MILITARY TRL BLDG J4 BOYNTON BEACH FL 33436 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 419 Dear Business Owner: •Proof of payment of your Local Business Tax Receipt (LBTR) is shown on the reverse side. Verify this information and display it conspicuously at your place of business in open view of the public. •This receipt is in addition to, and not in lieu of, any license or receipt required by law or city ordinance. This receipt is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 17-17). •If you close or move your business, you must notify our office immediately. •Short term rental businesses must submit Tourist Development Tax (TDT) account and LBTR account closure(s) through the TDT portal at www.pbctax.com. •Additional information can be found at www.pbctax.com or email ClientAdvocate@pbctax.com. This receipt expires on September 30. Renewal notices are mailed 10-12 weeks prior to expiration. Please access your LBTR at www.pbctax.com to make a payment or find other important information. I wish you a successful year, Constitutional Tax Collector, Serving Palm Beach County 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE PLUMBING CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESVICTORIA, CARLOS MIGUELDo not alter this document in any form.BRIGHTVIEW LANDSCAPE SERVICES, INC.LICENSE NUMBER: CFC1429383EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.4155 EAST MOWRY DRIVEHOMESTEAD FL 33033Always verify licenses online at MyFloridaLicense.com435 Page 13, MQR # 2 Pesticide License LF Jonathan Duarte – LF258119 436 Page 13, MQR # 2 Pesticide License CM – Commercial Applicator Patrick Woolbert – CM27436 437 Page 13, MQR # 2 •FDOT – MOT Certification Luke Facarazzo - #74378 Laura Groth - #74386 438 Page 13, MQR # 2 ISA Certified Arborists Corine Ferre – FL0260-A Jenna Crawford – FL – 10030-A 439 440 BrightView Landscape Services INC 441 Dana Hoffmann 442 Charles Gonzalez, VPGM Brightview Landscape Services INC Brightview Landscape Services INC 443 444 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE PLUMBING CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESVICTORIA, CARLOS MIGUELDo not alter this document in any form.BRIGHTVIEW LANDSCAPE SERVICES, INC.LICENSE NUMBER: CFC1429383EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.4155 EAST MOWRY DRIVEHOMESTEAD FL 33033Always verify licenses online at MyFloridaLicense.com445 Page 13, MQR # 2 Pesticide License LF Jonathan Duarte – LF258119 446 Page 13, MQR # 2 Pesticide License CM – Commercial Applicator Patrick Woolbert – CM27436 447 Page 13, MQR # 2 •FDOT – MOT Certification Luke Facarazzo - #74378 Laura Groth - #74386 448 Page 13, MQR # 2 ISA Certified Arborists Corine Ferre – FL0260-A Jenna Crawford – FL – 10030-A 449 CHARLES ALEX LEGGETT IV September 7, 2022 March 13, 2026 BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 LF217241 5846 CHESHIRE COVE TER ORLANDO, FL 32829 LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER STATE OF FLORIDADepartment of Agriculture and Consumer Services BUREAU OF LICENSING AND ENFORCEMENT STATE OF FLORIDA Date File No.Expires THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: March 13, 2026 Signature Department of Agriculture and Consumer Services HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING March 13, 2026 CHARLES ALEX LEGGETT IV BUREAU OF LICENSING AND ENFORCEMENT LF217241 Wallet Card - Fold Here NICOLE "NIKKI" FRIED, COMMISSIONER COMMISSIONER 450 P.O. Box 3353, West Palm Beach, FL 33402-3353 www.pbctax.com Tel: (561) 355-2264 **LOCATED AT** 11600 S MILITARY TRL BLDG J4 VILLAGE OF GOLF FL 33436 TYPE OF BUSINESS OWNER CERTIFICATION #RECEIPT #/DATE PAID AMT PAID BILL # LAWN MAINTENANCE WORLAND CHARLES B23.736476 9/20/2023 66.00 B40111438 This document is valid only when receipted by the Tax Collector’s Office.STATE OF FLORIDA PALM BEACH COUNTY 2023 / 2024 LOCAL BUSINESS TAX RECEIPT LBTR Number: 200802035 EXPIRES: 9/30/2024BRIGHTVIEW LANDSCAPE SERVICES INC BRIGHTVIEW LANDSCAPE SERVICES INC 11600 S MILITARY TRL BLDG J4 BOYNTON BEACH FL 33436 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 451 Dear Business Owner: •Proof of payment of your Local Business Tax Receipt (LBTR) is shown on the reverse side. Verify this information and display it conspicuously at your place of business in open view of the public. •This receipt is in addition to, and not in lieu of, any license or receipt required by law or city ordinance. This receipt is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 17-17). •If you close or move your business, you must notify our office immediately. •Short term rental businesses must submit Tourist Development Tax (TDT) account and LBTR account closure(s) through the TDT portal at www.pbctax.com. •Additional information can be found at www.pbctax.com or email ClientAdvocate@pbctax.com. This receipt expires on September 30. Renewal notices are mailed 10-12 weeks prior to expiration. Please access your LBTR at www.pbctax.com to make a payment or find other important information. I wish you a successful year, Constitutional Tax Collector, Serving Palm Beach County 452 453 454 455 456 457 458 459 460 461 462 463 464 465 Bid Due Date: May 31, 2024 Bid Due Time: 2:30 P.M. BID COMPLIANT CHECK Schedule/Specifications BID PROPOSAL - EWTP/WWTP BIWEEKLY SERVICES $1,110.00 $19,000.00 $22,834.85 BID PROPOSAL - EWTP/WWTP EVERY 6 MO. SERVICES $10,055.00 $45,730.00 $16,788.98 BID PROPOSAL - WELLS BIWEEKLY SERVICES $1,615.00 $54,790.00 $26,864.64 BID PROPOSAL - WELLS EVERY 6 MO. SERVICES $3,230.00 $21,030.00 $3,141.00 BID PROPOSAL - STORMWATER BIWEEKLY SERVICES $1,380.00 $19,950.00 $26,871.65 BID PROPOSAL - STORMWATER EVERY 6 MO. SERVICES $24,430.00 $31,930.00 $11,527.40 BID PROPOSAL - LIFT STATION BIWEEKLY SERVICES $1,860.00 $20,300.00 $100,200.05 BID PROPOSAL - LIFT STATION EVERY 6 MO. SERVICES $5,035.00 $28,487.19 $21,318.78 Bid Form Included Included Included Bid Bond 5% Included - Surety did not execute the bid bond form, the amount is not 5%, and only one witness. The certificate as to Corporate Principal is incomplete. Certificate and affidavit for bonds incomplete. Included -the amount is not 5%Included Bidders Qualification Statement Included Included Included Anti-Kickback Affidavit Included Included Included Non-Collusion Affidavit Included - Form is incomplete; vendor did not execute the notarized document Included Included Certification Pursuant to F.S. 287.135 Included Included Included E-Verify Form Included - Not listed on the website as of 03/31/2024 Included Included W-9 Included Included Included UTL24-045 - Re-Bid Landscape Maintenance Services for Utility Sites - Overview of Specifications and Schedule of Prices * Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. Landscape Management Holding - The GreenShape 560 Village Blvd West Palm Beach, FL 33409 Contact: Paul Colozzo Email: pcolozzo@thegreenshape.com Phone: (561) 352-0285 Batallan Enterprises, Inc. - Property Works 1201 Roebuck Court West Palm Beach, FL 33401 Contact: Claudia Silva Email: bidding@propertyworksonline.net Phone: (561) 805-8687 Cell: (561) 267-2726 Brightview Landscape Services, Inc. 11600 S Military Trail Bldg J4 Boynton Beach, FL 33436 Contact: Dana Hoffmann Email: dana.hoffmann@brightview.com Phone: (954) 205-7651 466 Licenses City of West Palm Beach Business Tax receipt for Landscape Management Holding LLC - Business tax id 106143 exp. 09/30/24; Florida Department of Agriculture & Consumer Services for Eddinger's Pest Control covering the following: Fumigation, General Household Pest and Rodent Control, Lawn and Ornamental, Termite and Other WDO Control. Exp. 10/31/24. PBC LBTR# 201008864 Property Works Exp. 09/30/24. Florida Dept. of Agriculture and Consumer Services for Total Property Control Inc. LIC. JB136669 Pest Control License. State of Florida Minority Business Certification Batallan Enterprises Inc. Exp. 11/03/24. ISA Certified Arborist (The International Society of Arboriculture) Darian Cabanelas de Con- Cert# WE- 12115A exp. 06/30/24. FNGLA Certified Professional Installation- The Florida Nursery, Growers, & Landscape Association- Darian Cabanelas #T9361622 (FNGLA Certified Landscape Technician FCLT) Exp. 06/30/2027. Florida dbpr Plumbing Contractor License for Carlos Miguel Victoria exp. 08/31/24. Dept. of Agriculture & Consumer Services- Limited Urban Landscape Commercial Fertilizer for Jonathan Duarte #LF258119 exp. 04/14/25. Dept. of Agriculture & Consumer Services- Commercial RUP Application License- Ornamental Turf Pest Control for Patrick Woolbert #CM27436 exp. 04/30/26. FDOT Temporary Traffic Control Certificate #74378 for Luke Facarazzo exp. 06/08/25. FDOT Temporary Traffic Control Certificate #74386 for Laura Groth exp. 06/08/25. ISA Certification: Certified Arborist for Jenna M. Crawford #FL-10030-A & Corine M. Ferre #FL-0260-A. Dept. of Agriculture & Consumer Services- Limited Urban Landscape Commercial Fertilizer for Charles Alex Legget #LF217241 exp. 03/13/26. Addenda Acknowledge Form 1 & 2 Acknowledged Acknowledged Acknowledged Confirmation of Minority Owner Business No Yes No Local Business Status Certification No No No Letter of Interest Yes Yes Yes References Included Included Included Conflict of Interest None None None Subcontractors Yes (1) - Eddingers Pest Yes (1)- Total Property Control, Inc. None Subtotal Contract Amount:$48,715.00 $241,217.19 $229,547.35 DEEMED NON-RESPONSIVE DEEMED NON-RESPONSIVE DEEMED RESPONSIVE Electronic Opened By: Bids & Tenders on May 31, 2024 Compliance Tabulation by: Theresa Gonzalez, Sr. Buyer-Utilities on May 31, 2024 467 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases over $100,000 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-161- Approve and authorize the City Manager to sign a limited term extension amendment for repairs and emergency services for Water Distribution, Wastewater Collections and Stormwater utility services. Requested Action: Staff recommends approval of Proposed Resolution No. R24-161. Explanation of Request: The City and two vendors (Madsen Barr, Inc. and Johnson Davis, Inc.) entered into Contract No. 019-2821-19/IT for Repairs and Emergency Services for Water Distribution, Wastewater Collections, and Stormwater Utility Services. The contracts expired on May 7, 2024, with no additional renewal options. The City has issued a procurement solicitation to select vendors and is requesting a limited term extension to ensure the City has adequate services in response to an emergency and to provide time for the award of a new contract. The term of the agreements will be extended on a month-to-month basis for an additional six (6) months, expiring upon the earlier of November 7, 2024, or the execution of a new contract under the City's procurement solicitation. How will this affect city programs or services? The extension amendments will allow uninterrupted services for repairs and emergencies for the City's Water Distribution, Wastewater Collections, and Stormwater Utility services. Fiscal Impact: Repair and Emergency Repair services costs are in the Utility budget. Attachments: R24-161_Agenda_Item_1832-2023_Resolution_for_Limited_Term_Extension__REV_ (2).docx Exhibit A to Resolution Limited_Term_Extension_Amendment_019-2821-19IT_- _Johnson_Davis_Inc.pdf Exhibit B to Resolution 24-115_BB_EXTENSION_019-2821-19-IT__7-3-24__000986.pdf Bid No. 019-2821-19IT.pdf Attachment C- Special Conditions.pdf Attachment D - Technical Specifications.pdf Award Letter - Johnson-Davis, Inc.pdf Award Letter - Madsen Barr Corp.pdf Renewal Interest Letter - Johnson-Davis 2023-2024 Signed.pdf Renewal Interest Letter - Madsen-Barr - 2023-2024 Signed.pdf 468 469 RESOLUTION NO. R24-1611 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A LIMITED TERM EXTENSION AMENDMENT 4 TO AGREEMENT WITH JOHNSON-DAVIS INC., FOR REPAIRS AND 5 EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER 6 COLLECTION, AND STORMWATER UTILITY SYSTEMS BID NO. 0192821-7 19/IT; APPROVING A LIMITED TERM EXTENSION AMENDMENT WITH8 AGREEMENT WITH MADSEN BARR, CORP., FOR REPAIRS AND EMERGENCY 9 SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION, AND 10 STORMWATER UTILITY SYSTEMS BID NO. 0192821-19/IT; PROVIDING AN 11 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 12 13 WHEREAS,the City and Johnson-Davis Inc., entered into Contract No. 019-2821-19/IT for 14 Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater 15 Utility Systems; and16 WHEREAS, the City and Madsen Barr Corp., entered into Contract No. 019-2821-19/IT for 17 Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater 18 Utility Systems; and19 WHEREAS, the Agreements expired May 7, 2024, and all renewal options for the 20 Agreements have been exercised; and 21 WHEREAS, the City is issuing a procurement solicitation to select a vendor and desires to 22 extend the Term of the Agreements on a limited basis to ensure the City has adequate services in 23 response to an emergency and to provide time for the issuance of a competitive solicitation for a 24 new contract; and25 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 approve a Limited Term Extension 27 Amendment to Agreement with Johnson-Davis Inc., for Repairs and Emergency Services for Water 28 Distribution, Wastewater Collection, and Stormwater Utility Systems Bid No. 0192821-19/IT, and 29 approve a Limited Term Extension Amendment to Agreement with Madsen Barr, Corp., for Repairs 30 and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility 31 Systems Bid No. 0192821-19/IT. 32 33 34 470 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT:36 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption.38 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve a Limited Term Extension Amendment to Agreement with Johnson-Davis Inc., for Repairs 40 and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility 41 Systems Bid No. 0192821-19/IT, in form and substance similar to that attached as “Exhibit A.” 42 SECTION 3.The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve a Limited Term Extension Amendment to Agreement with Madsen Barr, Corp., for Repairs 44 and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility 45 Systems Bid No. 0192821-19/IT, in form and substance similar to that attached as “Exhibit B.” 46 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the Mayor to execute the Limited Term Amendments and such other related 48 documents as may be necessary to accomplish the purpose of this Resolution.49 SECTION 5.One fully-executed original of the Amendments shall be retained by the 50 City Clerk as a public record of the City. A copy of the fully-executed Amendments shall be 51 provided to Poonam Kalkat to forward to the Vendors.52 SECTION 6.This Resolution shall take effect in accordance with law.53 54 55 56 [signatures on following page]57 58 59 60 61 471 PASSED AND ADOPTED this 16th day of July 2024.62 CITY OF BOYNTON BEACH, FLORIDA63 YES NO64 Mayor – Ty Penserga __________65 66 Vice Mayor – Aimee Kelley __________67 68 Commissioner – Angela Cruz __________69 70 Commissioner – Woodrow L. Hay __________71 72 Commissioner – Thomas Turkin __________73 74 VOTE ______75 ATTEST:76 77 ___________________________________________________________78 Maylee De Jesús, MPA, MMC Ty Penserga79 City Clerk Mayor80 81 APPROVED AS TO FORM:82 (Corporate Seal)83 84 _______________________________85 Shawna G. Lamb86 City Attorney87 472 473 474 CITY OF BOYNTON BEACH By __________ Ty Penserga, Mayor __ day of _____ � 2024 Attest: -----------City Clerk CITY ATTORNEY'S OFFICE Approved as to form and legality By: __________ _ JOHNSON-DAVIS, INC. By f=l1 � Authorized Signer � hr-J Sf1<.1,:>(t� -Uu Print Name and Title ( _L day of Jv/v,\ SRW 7.2.24 I 2024 CITY VENDOR Utility Repairs and Emergency Services Limited Term Extension Limited Term Extension Amendment -Johnson-Davis (Emergency Repairs) Page 3 of 3 475 476 477 CITY OF BOYNTON BEACH By ____________ _ Ty Penserga, Mayor __ day of _____ � 2024 Attest: ------------City Clerk CITY ATTORNEY'S OFFICE Approved as to form and legality By: __________ _ Print Name and Title ::,,12? I .._/ � day of _L-"'_u_,_·"T __ � 2024 CITY VENDOR Utility Repairs and Emergency Services Limited Term Extension Limited Term Extension Amendment -Madsen Barr (Emergency Repairs) Page 3 of 3 478 CITY OF BOYNTON BEACH REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No. 019-2821-19/IT CITY OF BOYNTON BEACH CITY HALL 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FL 33426 BID DUE DATE: APRIL 1, 2019 NO LATER THAN 2:30 P. M. PURCHASING SERVICES / CITY HALL 479 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services Table of Contents 1 TABLE OF CONTENTS BIDDING REQUIREMENTS: PAGE #: Notice to Contractors ............................................................................................... 2 - 5 Instructions to Bidders .............................................................................................. 6 - 18 General Conditions for Construction ........................................................................ 19 - 67 ATTACHMENT “A”: THESE ATTACHMENTS MUST ACCOMPANY BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Form ................................................................................................................... 69 - 73 Acknowledgement of Addenda ................................................................................ 74 Bidder Acknowledgement ........................................................................................ 75 Bidder’s Qualification Statement……………………………... ................................... 76 - 81 Confirmation of Drug-Free Workplace ..................................................................... 82 Non-Collusion Affidavit of Prime Bidder ................................................................... 83 Anti-Kickback Affidavit .............................................................................................. 84 Trench Safety Act Affidavit ....................................................................................... 85 Safety Program Compliance .................................................................................... 86 Warranties ................................................................................................................ 87 – 88 Confirmation of Minority Owned Business ............................................................... 89 Certification Pursuant to Florida STATUTE § 287.135……………………………….89 - 91 Schedule of Subcontractors ..................................................................................... 92 Palm Beach County Inspector General Acknowledgement ..................................... 93 Local Business Status Certification …………………………………………….…..…. 94 Statement of No Bid ................................................................................................. 95 ATTACHMENT “B”: Warranty of Title ....................................................................................................... WT-1 Insurance Advisory Form ........................................................................................ ATTACHMENT “C”: Special Conditions ................................................................................................... Sec.01000 – Sec.01800 ATTACHMENT “D”: Technical Specifications ........................................................................................... Sec.02082 – Sec.02960 ATTACHMENT “E”: SCHEDULE OF BID LINE ITEMS W ITH SCENARIOS (EXCEL WORKSHEET) – THIS ATTACHMENT MUST ACCOMPANY BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE 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. 480 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 2 The City of Boynton Beach NOTICE TO CONTRACTORS Sealed Bids for: Bid Title: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS Bid Number: 019-2821-19/IT will be received by the City of Boynton Beach, Boynton Beach, Florida in PROCUREMENT SERVICES on or before APRIL 1, 2019, no later than 2:30 P. M. (local time). Bid Submittals will be opened in: CITY HALL Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 If by mail: P.O. Box 310, Boynton Beach, Florida 33425-0310 All Bids will be publicly opened and the total bid prices will be read aloud. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Scope of Work: The City of Boynton Beach is seeking a maximum of two qualified contractors to demonstrate specific experience in utility system general repairs and emergency services. The contractor shall furnish, install and provide all labor and materials to complete repairs to the City’s utility systems. The scopes of work will be performed on an “as needed basis” based on the established bid pricing. Individual purchase orders will be issued by the City as required. Repairs will be made to the City’s Water Distribution, Wastewater Collection and Storm Water Systems and generally consist of, but are not limited to, furnishing and installing various sizes of C- 900 PVC pipe for gravity sewer main; ductile iron pipe for force main and water distribution lines; Finance/Procurement Services 3301 Quantum Boulevard, Suite 101, Boynton Beach, FL 33426 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 FAX: (561) 742-6316 481 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 3 various types of pipe for storm water conveyance; and concrete structures for the wastewater and storm water systems. Set up and monitoring of bypass pumping; dewatering systems; and restoration related to landscaping, asphalt and concrete work may also be required as needed. The work shall be performed at various locations throughout the City of Boynton Beach and surrounding service areas. The foregoing description is general in nature; specific scopes of work will utilize these bid documents, Technical Specifications, and the Utilities Engineering Design Handbook and Construction Standards, January 2013 Edition and can be viewed and/or downloaded from the following City’s website at the following link: https://www.boynton- beach.org/sites/default/files/documents/utilities/engineering-handbook-design-manual.pdf The Utilities Engineering Design Handbook and Construction Standards, January 2013 Edition are hereby incorporated into this bid document by reference. The City of Boynton Beach is seeking the services of a qualified Contractor to construct a new stormwater system, installation of drainage inlets, upgrade existing stormwater conduits, and restore roadways in the project area. The scope of work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Technical Specifications and project drawings, which are hereby not listed in any order of precedence. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. ATTENTION ALL INTERESTED BIDDERS: Copies of this solicitation package may be obtained from Onvia Demandstar at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City’s solicitations through electronic download. Paper copies of this solicitation may be requested from Procurement Services by calling (561) 742-6322. Bidders who obtain copies of this solicitation from sources other than www.demandstar.com or the City’s Procurement Services may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) original (so marked), one (1) copy along with one (1) electronic copy on a USB thumb drive, for a total of three (3) submissions of the bid and its accompanying statements. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. 482 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 4 The low monetary Bid will NOT in all cases be awarded the Contract. Award will be made to the most responsive, responsible bidder 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. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until 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 negotiat ions 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 or Proposals received by the City in response to a Request for Proposal 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 replies. 483 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 5 Any questions relative to any item(s) or portion(s) of this solicitation should be directed to Ilyse Triestman, Purchasing Manager via email to: triestmani@bbfl.us; MONDAY – FRIDAY, 8:00 A.M. TO 5:00 P.M. BID TERM: The bid award will be for a period of two years (Initial Term). The bid may be extended for three (3) additional one-year terms, at the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. CITY OF BOYNTON BEACH TIM W. HOWARD Assistant City Manager – Administration 484 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 6 INSTRUCTIONS TO BIDDERS These documents constitute the complete set of General Conditions, Specifications and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall contain Bidder’s name, return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid, the Bidder 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 Bidder. 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 Bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean Bidder. Evaluation of qualifications will be made based upon the evaluation factors and standards theretofore set forth in the instruction to bidders. The City reserves the right to reject any and all p roposals and to waive technical errors as heretofore set forth. In the event of a court challenge to an award by any bidder, damages, if any, resulting from an improper award will be limited to actual bid preparation costs incurred by the challenging bidder. By submitting a bid, bidder acknowledges this limitation on damages and recovery in the event of a protest or legal action challenging the award of bid. 1. DEFINED TERMS: Terms used in these Instructions to Bidders have the meanings assigned to them in the City of Boynton Beach, Standard General Conditions of the Construction Contract. 2. COPIES OF BID DOCUMENTS: Bid documents may be obtained from www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City’s solicitations through electronic download. Copies of the bid documents are available through the US Mail; please call Procurement Services at (561) 742-6322 for a hard copy of the bid documents. Bidders who obtain copies of this solicitation from sources other than www.demandstar.com may potentially risk not receiving certain addenda issued as a result of the solicitation. Complete sets of Bid documents shall be used in preparing Bids. Neither CITY nor CONSULTANT assumes or disclaims any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. EXECUTION OF BID: Bid must contain a manual signature in ink, of an authorized representative who has the legal ability to bind the Bidder to contractual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the bid document must be initialed in ink. 4. NO BID: If not submitting a Bid, respond by returning one (1) copy of the “STATEMENT OF NO BID” and explain the reason by indicating as per reasons listed or in the space provided. Repeated failure to quote without sufficient justification may be cause for removal of the vendor’s information from the City’s mailing list. 5. BID SUBMISSION: It is the Bidder’s responsibility to read and understand the requirements of this Bid. Bids shall be submitted to the Procurement Services. All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid opening shall be public and the Bid prices will be read aloud at the City’s Administrative Office located at: 485 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 7 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 (unless otherwise designated) On the date and time specified in the Invitation to Bid. All Bidders and their representatives are invited to attend. The Bid opening may be delayed at the sole discretion of the City. Under no circumstances shall Bids delivered after the Bid opening specified time has begun be considered and as such, Bids will be returned unopened. It is the Bidder’s sole responsibility to assure that the Bid is delivered at the proper time and place prior to the Bid deadline. Offers by facsimile, telegram, or telephone are not acceptable. A Bid may NOT be altered by the Bidder after opening of the Bids. The Bidder is requested to submit one (1) original, and one (1) copy along with one (1) electronic copy on a USB thumb drive copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the Bidding firm by his/her signature. In the case of corrections, the Bidder must initial any erasures or alterations in ink. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. 6. BID FORM: Additional copies of the Bid form may be obtained from demandstar.com. Bids must be submitted on the prescribed form; all blank spaces must be filed in as noted, in ink or typed with amounts extended and totaled. Where indicated on the Bid Form, items shall be stated in numbers. The estimate of the various quantities of work or goods applicable to unit price items as shown on the Bid Form is approximate and is intended solely to provide the basis of comparison upon which the Award of Contract is made. Final payment shall be made on the basis of the actual quantities of each item. Irregular Bids may be rejected. Irregular Bids are defined as those containing serious omissions, unauthorized alternative Bids, incomplete Bids or unbalanced Bids. Failure to provide all of the information required to accompany the bid, Bid Form and Specifications shall be considered a serious omission, which may result in the bid being rejected as non-conforming. Bids by partnership must be executed in the partnership’s name and signed by a general partner, his/her title must appear under his/her signature and the official address of the partnership must be shown below the signature. All names of persons signing documents must be typed or printed below the signature. The Bids shall contain acknowledgment of receipt of all addenda by submitting the Addenda acknowledgement form enclosed herein. There shall be no binding contract until such time as the CITY executes the Contract or issued the Purchase Order as the final award of the contract. The Bid Security of other Bidder’s whom the CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Purchase Order or Contract , or the ninety-first day after the Bid Opening. The Bid Security furnished by non -awarded vendors will be returned. Bid Security with Bids which are not competitive or responsive shall be returned upon award of the Bid. 7. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indic ate 486 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 8 inability to perform. The City reserves the right to consider a Vendor’s history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 8. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of th e 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, Bidder 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, Bidder 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 Bidder deems necessary to determine its Bid price. In addition the Bidder 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 the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. B idder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas at the Bidders expense. 9. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY’s forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder’s failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. 10. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. At times a purchase order will be issued in lieu of a contract agreement. 11. BIDS TO REMAIN OPEN: 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 date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 12. MODIFICATIONS OF BIDS: 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 487 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 9 submitted at any time prior to the solicitation closing date and time. The Bidder must present certification to assure that they are indeed an authorized representative of the Bidder’s firm at the time modification to the Bid is presented. 13. 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 Bidder must present certification to assure that they are an authorized representative of the Bidder’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 Bidder 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, Bidder may withdraw its Bid, and the Bid Security will be returned. The Bidder must present certification to assure that the Bidder is an authorized representative of the Bidder’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 and Bid Security. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Bid Documents. 14. DETERMINATION OF AWARD: Except where the City exercises the right reserved herein to reject any or all bids and subject to the restrictions stated hereinabove, the Contract shall be awarded by the City to the responsible Vendor who has submitted either the lowest responsive bid, or the lowest responsive bid on the base bid including such alternates/optional items as City determines to be in its own best interests, and application of any preferences, as applicable. 15. RIGHTS OF THE CITY: The CITY expressly reserves if in its best interest to include but not limited to:  Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Bidder;  Waive any defect, irregularity or informality in any Bid or Bidding procedure;  Reject or cancel any or all bids;  Extend the bid deadline time and date;  Accept any Bid or combination of Bid alternates that in the CITY’s judgment shall serve the CITY’s best interest;  Make multiple awards;  Disregard all nonconforming, non-responsive, unbalanced, or conditional Bids or counter- proposals.  Request additional quantities of the Bid product or services at the prices bid in the solicitation with exception if specifically noted, “BID IS FOR SPECIFIED QUANTITY ONLY”, decrease the quantity specified in the Invitation to Bid, or completely eliminate any items of the Work listed in the Bid Form in order that the Work can be completed within the amount of available funds ;  Consider and accept an alternate Bid as provided herein when most advantageous to the CITY. 16. REJECTION OF BIDS: The CITY reserves the right to reject any or all Bids, to waive technical errors, to accept a portion of any Bids that are deemed to be the most advantageous t o 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; purchase price; life expectancy; cost of maintenance and operations; operating efficiency, training requirements; disposal value; and other matters contributing to the over acquisition cost of an item. Considerations may be given, but are 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 governmental entities. In an effort to efficiently advance the submitted Bids for administrative review, the CITY reserves the right to reject all but the three (3) lowest Bids when evaluating the submitted Bids. 488 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 10 17. BID TABULATION: Bid tabulations shall be provided upon request to Procurement Services. Pursuant to Florida Statute 119, sealed Bids or Proposals received by an agency pursuant to Invitation to Bid or Request for Proposals are exempt from public records disclosure until such time as the agency provides notice of a decision or intended decision, or within thirty (30) days after bid/proposal opening/closing, whichever is earlier. 18. PRICES: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifica tions. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 19. DELIVERY: If required by the CITY, all items shall be delivered F.O.B. Destination to a specific address. All delivery costs and charges must be included in the Bid price. The CITY reserves the right to cancel orders or any part thereof without obligation, if the delivery is not made at the time specified in the Bid. 20. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, Bid prices, extensions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed by the Contract. In the event of extension error(s) the unit price shall prevail and the Bidder’s total offer shall be corrected accordingly. Erasu res or corrections on Bids must be initialed in ink by the Bidder. 21. 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 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 cop y 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. 489 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 11 Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 22. 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. All addenda will be available to Bidders through the CITY’s e-Procurement system, www.demandstar.com. Therefore, it is the Bidder’s responsibility to check with the Procurement Services Division and immediately secure all addenda before submitting Bids. Each Bidder shall acknowledge receipt of ALL addenda by notation on the Addenda acknowledgement Form to be submitted with the bid and shall adhere to all requirements specified in each addendum prior to submission of the Bid. 23. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder 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; Bidder shall submit a written request to the CITY’s Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, “Order of Precedence” for more details. 24. CONFLICT OF INTEREST: All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the aw ard or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such int erest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder’s ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder’s judgment or quality of ser vices being provided 490 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 12 hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of inte rest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 25. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the b est interest of the CITY. 26. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a “promotional” basis from the manufacturer. It shall be the successful Bidder’s responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 27. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of a ward 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/or contract shall constitute the complete agreement between the successful Bidder 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. 28. ADVERTISING: In submitting a Bid, the Bidder agrees not to use the results therefr om as a part of any commercial advertising. 29. FACILITIES: A Bidder must have at the time of the Bid opening, an operational facility or be a fully authorized agent or representative of the product Bid, and capable of producing, providing or installing the items Bid, and so certify upon request. The CITY reserves the right to inspect the Bidder’s facility (ies) at any reasonable time, prior to award of the Bid, during normal business hours with prior notice, to determine that the Bidder has a bona fide place of business and is a responsible Bidder. 30. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Bids which the prices obviously are unbalanced shall be subject to review and/or rejection. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.37 of the Instruction to Bidders, “Public Entity Crimes.” d. Not completing the Bid Submittal Form as required. 31. SUBSTITUTE or “OR EQUAL ITEMS”: The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideratio n of possible substitute. “Or equal” item(s) of material or equipment may be furnish ed or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 491 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 13 32. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY’s Procurement Services Division. 33. REJECTION: The right is reserved to reject any and all Bids or to accept the one deemed by the CITY to be the most advantageous. 34. NON-COLLUSION: Bidder certifies that it has not divulged, discussed, or compared its Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. (Note: Premiums, rebates or gratuities are not permitted with, prior to, or after any delivery of material.) Any such violation shall result in the cancellation and/or return of materials (as applicable) as being non-conforming and removal from the CITY’s Bid list(s). Each Bidder shall complete the Non-Collusion Affidavit and shall submit with the Bid/Proposal. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 35. DEFINITION OF TERMS: Terms used in the Invitation to Bid shall have the meanings assigned to them in the industry in the subject matter of the Bid, unless otherwise specified in the Bid documents. 36. PUBLIC ENTITY CRIMES: 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 for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for 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 thirty-six (36) months. 37. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this ITB, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject t o limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists 38. TRADE SECRET: Any language contained in the Proposer’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 Pro poser submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer 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 Proposer’s Prop osal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer 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 492 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 14 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. 39. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid shall become a public record pursuant to Florida Statutes § 119.07. This includes material that the responding Bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening of Bids pursuant to Chapter 119, Florida Statutes. However, certain exemptions to the public records law are statutorily provided for in Florida Statutes § 119.07. If the Bidder believes any of the information contained in its Bid response is exempt from the Public Records Law, then the Bidder must specifically identify in the response, the material(s) which is deemed exempt and cite the legal authority for such exemption. The CITY’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the CITY and the CITY’s officers, employees, and agents against any loss or damages by any person or entity as a result of the CITY’s treatment of records as public record. 40. ANTI-KICKBACK AFFIDAVIT: Bidders are required to complete the Anti-Kickback Affidavit Form enclosed herein, attesting that no member of their firm has been engaged in any activity resulting in payment for actions such as: commission, kickback, or reward for gift. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 41. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the CITY of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the CITY does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 42. ANTI-DISCRIMINATION: The Bidder certifies that it is in compliance with the non-discrimination laws relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin. The provisions of the American Disabilities Act of 1990 pertaining to employment shall also be applicable. As defined by Chapter 760, Florida Statutes, t he Bidder shall not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, age, handicap or marital status in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub-contractors to participate in all of its public and private sector subcontracting opportunities. Bidder understands and agrees that violation of this clause is a material breach of the contact and may result in contract termination, debarment, or other sanctions. 43. ANNUAL APPROPRIATION: This 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 at any time based on lack of funding. 44. COST OF BID: Costs, either direct or indirect, incurred by the Bidder in the preparation, delivery, or for any other reason associated with the submittal of this Bid is solely the responsibility of the Bidder and not the CITY, and shall not to be charged to the CITY. 45. LICENSES AND PERMITS: It shall be the responsibility of the successful Bidder to obtain all licenses and permits, if required, to complete the services at no additional cost to the CITY. Licenses and permits shall be readily available for review by the Director of Financial Services and City inspectors. 493 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 15 46. SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the CITY. If a sample is requested, it must be delivered within ten (10) days of the request, unless otherwise stated in the Bid. Each sample must be marked with the Bidder’s name and manufacturer’s brand name. The CITY will not be responsible for returning samples. The CITY may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 47. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CITY shall be final and binding upon both parties. 48. ASSIGNMENT: The successful Bidder shall not subcontract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent to the CITY. 49. SUBCONTRACTING: If a Bidder subcontracts any portion of the resultant contract for any reason; the Bidder must state the name and address of the subcontractor, the name and address of the person(s) to be contacted, type of work to be performed, dollar amount and percentage of the contract amount to be shared on the “Schedule of Subcontracting” form. The CITY 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. The CITY reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. The subcontractor shall be equally responsible for meeting all requirements specified in the Invitation to Bid and contract documents. 50. UNBALANCED BID: Bids that are judged to be mathematically or materially unbalanced shall be cause for the Bid to be rejected as non-responsive. 51. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exception s to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder’s proposal on a separate sheet marked, “EXCEPTIONS TO THE SPECIFICATIONS” whereby said sheet shall be attached to the Bid. The use of Bidder’s standard forms or the inclusion of manufacturer’s printed documents shall not be construed as an exception to the Contract documents. 52. SALES TAX: All materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes. 53. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor’s or the CITY’s suppliers for construction/public works related materials. 54. INDEMNIFICATION: The Bid 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. 55. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the agreement, the project, the equipment and the services provided to the CITY. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. 56. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the con tract 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 Successful Bidder agrees to make available to the CITY’s auditor, during normal business hours and in Miami-Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 494 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 16 57. PALM BEACH COUNTY INSPECTOR GENERAL: The Successful Bidder shall be 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 Successful Bidder and its subcontractors and lower tier subcontractors. The Successful Bidder understand and agrees that in addition to all other remedies and consequences provided by law, the failure of the Successful Bidder or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the CITY to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the Bid/Proposal. The CITY considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 58. FLORIDA’S PUBLIC RECORDS LAW: The City is a public agency subject to Chapter 119, Florida Statues. The Contractor 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, Florida Statute or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession. All records stored electronically by Contractor must be provided to the City, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (CITY CLERK) 3301 QUANTUM BOULEVARD SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061. PYLEJ@BBFL.US 59. PROJECT MANAGEMENT REQUIREMENTS: A. This project will utilize an internet-based project management tool called e-Builder EnterpriseTM. This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. 495 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 17 B. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e-Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor in providing training to their personnel. C. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non -Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM. 60. ELECTRONIC FILE REQUIREMENTS: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all “As -Built Drawings”, catalog cuts and Owner’s Operation and Maintenance manuals in digital format. All documents (including as -built drawings) shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e -Builder EnterpriseTM. The As-Built Drawings shall also be submitted in AutoCAD (.DWG) format. 61. E-BUILDER IMPLEMENTATION REQUIREMENTS: e-Builder EnterpriseTM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Engineer, and Owner. e - Builder Enterprise™ includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use.  Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members.  Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.  Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder EnterpriseTM  Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. 62. E-BUILDER LICENSING REQUIREMENTS: e-Builder Enterprise™ User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e-Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including:  All hosting, operation, maintenance and data backup of the e-Builder EnterpriseTM software and documents which are maintained in state-of-the-art data centers located throughout the United States.  Quarterly e-Builder EnterpriseTM software enhancements  Unlimited phone, email and web based support 24-hours: 496 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 18 The City of Boynton Beach has an e-Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from e-Builder directly at the contractors own cost. 63. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid.” In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 497 Bid No. 019-2821-19/IT TOC – 19 GENERAL CONDITIONS GENERAL CONDITIONS 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 9.3 Project Representation 9.4 Clarifications and Interpretations 498 Bid No. 019-2821-19/IT TOC – 20 GENERAL CONDITIONS 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 Reduction of 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 499 Bid No. 019-2821-19/IT 21 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 with in 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 Rec ord 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 o f 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 500 Bid No. 019-2821-19/IT 22 GENERAL CONDITIONS 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. 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 Statute s § 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. 501 Bid No. 019-2821-19/IT 23 GENERAL CONDITIONS 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 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 un dertaken 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. 502 Bid No. 019-2821-19/IT 24 GENERAL CONDITIONS 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. 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 th ose 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. 503 Bid No. 019-2821-19/IT 25 GENERAL CONDITIONS 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 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 addre ss. 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. 504 Bid No. 019-2821-19/IT 26 GENERAL CONDITIONS 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 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 wo rk. 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 sp ecifically 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 au thority 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 505 Bid No. 019-2821-19/IT 27 GENERAL CONDITIONS 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 b e responsible for recording the Public Construction Bond. 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 Contra ct 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: 506 Bid No. 019-2821-19/IT 28 GENERAL CONDITIONS 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 Contra ct 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. 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 permanen t 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, right s-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, larg e 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 thereo f, 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 507 Bid No. 019-2821-19/IT 29 GENERAL CONDITIONS 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 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 CON SULTANT. 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 delinea ted 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 te sts 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 direc t or consequential in nature. 4.5 REFERENCE POINTS: 508 Bid No. 019-2821-19/IT 30 GENERAL CONDITIONS 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 Pa yment Bonds, each in an amount at least ONE HUNDRED PRECENT (100%) of the Con tract 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 ) 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 Circul ar 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 Insuranc e 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, t he 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 b e 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. 509 Bid No. 019-2821-19/IT 31 GENERAL CONDITIONS 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: 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 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 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. 5.2.4 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. 5.2.5 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. 5.2.6 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. 5.2.7 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. 5.2.8 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. 5.2.9 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. 5.2.10 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 i nterpreted 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 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 a nd 510 Bid No. 019-2821-19/IT 32 GENERAL CONDITIONS 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. T he 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 adequ ate 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 th e 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 the ir 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 pa yment 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 refe rred 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. 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from 511 Bid No. 019-2821-19/IT 33 GENERAL CONDITIONS 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. I f 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 o therwise unsatisfactory; such Sub-Contractor shall be replaced if and when directed in writing. 512 Bid No. 019-2821-19/IT 34 GENERAL CONDITIONS 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 CIT Y and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expe nses (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 material s, 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 noti ce 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 co ndition 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 a t 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 513 Bid No. 019-2821-19/IT 35 GENERAL CONDITIONS Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to p revent damage, injury or loss to: 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 nec essary 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 (Substan tial 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 ta ke or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonab ly 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 belie ves 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 Arti cle 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 b y registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after t he 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. 514 Bid No. 019-2821-19/IT 36 GENERAL CONDITIONS 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 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 describe d 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 con form 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 a nd samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the in formation given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in wh ich 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 Drawing s 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, calle d 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 Sh op 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 a ll their 515 Bid No. 019-2821-19/IT 37 GENERAL CONDITIONS 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 nece ssary 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 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. A ccess 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 i ts 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, tradema rked 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, repl ace, 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 516 Bid No. 019-2821-19/IT 38 GENERAL CONDITIONS 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 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 abo ve 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 a ttention 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 act ion, 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 wa ste 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: 517 Bid No. 019-2821-19/IT 39 GENERAL CONDITIONS 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 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 o f 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 Div ision 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: 518 Bid No. 019-2821-19/IT 40 GENERAL CONDITIONS 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. 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 pe rson 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 consi dered 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: 519 Bid No. 019-2821-19/IT 41 GENERAL CONDITIONS 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, th e 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 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 520 Bid No. 019-2821-19/IT 42 GENERAL CONDITIONS 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. 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 521 Bid No. 019-2821-19/IT 43 GENERAL CONDITIONS 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 Build ing 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. 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 522 Bid No. 019-2821-19/IT 44 GENERAL CONDITIONS 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. 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 523 Bid No. 019-2821-19/IT 45 GENERAL CONDITIONS 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 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: 524 Bid No. 019-2821-19/IT 46 GENERAL CONDITIONS 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: 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 Repre sentative 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. 525 Bid No. 019-2821-19/IT 47 GENERAL CONDITIONS 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. 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 Rep resentative 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 conf orm 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 i ntention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 526 Bid No. 019-2821-19/IT 48 GENERAL CONDITIONS 9.9.1 The CITY’s Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contr act 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 res pect 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 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 resp onsibility 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 Do cuments, except as otherwise specifically provided. 527 Bid No. 019-2821-19/IT 49 GENERAL CONDITIONS 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 an y Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (R eferences 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 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 528 Bid No. 019-2821-19/IT 50 GENERAL CONDITIONS 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 sh all 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 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: 529 Bid No. 019-2821-19/IT 51 GENERAL CONDITIONS 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 material s 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 ite m 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 estim ated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of wo rk, 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 estim ated 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. 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 late r 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 530 Bid No. 019-2821-19/IT 52 GENERAL CONDITIONS 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 b oth 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 al so 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 $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 $525.00 531 Bid No. 019-2821-19/IT 53 GENERAL CONDITIONS $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 termi nated 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 certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection wi th 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 fo r 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 mater ials and equipment which are rejected for non-compliance. 532 Bid No. 019-2821-19/IT 54 GENERAL CONDITIONS 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, 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 en gineers, 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 533 Bid No. 019-2821-19/IT 55 GENERAL CONDITIONS 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 entitle d 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 Wo rk 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. 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 there fore 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 534 Bid No. 019-2821-19/IT 56 GENERAL CONDITIONS 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 mate rials 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 Applicatio n 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 CONT RACTOR 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 recommend ation 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. 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 cre dit 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 no t 535 Bid No. 019-2821-19/IT 57 GENERAL CONDITIONS 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 C ITY, CONSULTANT, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CIT Y 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 sub stantially 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 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 app roved 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 qualifie d 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 536 Bid No. 019-2821-19/IT 58 GENERAL CONDITIONS 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. Ti tle 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 Com pletion 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 la ter than 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 REDUCTION OF RETAINAGE PROCEDURES: 14.13.1 CONTRACTOR may request a reduction of retainage pursuant to Florida Statutes § 218.735(7)(d). The term “Fifty Percent Completion” as stated in Florida Statutes § 218.735(7)(8)(b) shall be defined as follows in lieu of any other definition: 537 Bid No. 019-2821-19/IT 59 GENERAL CONDITIONS 14.13.1.1 “Fifty Percent Completion” of the Work is defined as that point in time where 50% of the overal l value of Work items incorporated and which shall remain in place subsequent to final completion of the Work have been completed, based upon the Schedule of Values contained in the Contract. As such, and by way of example, the value of CONTRACTOR’s mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work, do not apply to the determination of “Fifty Percent Completion” of the Work for purposes of establishing entitlement to a reduction of retainage. 14.13.2 With regard to any contract for construction services, the CITY may withhold from each progress payment made to the CONTRACTOR an amount not exceeding ten (10%) percent of the payment as retainage until fifty (50%) completion of such services. 14.13.3 After fifty (50%) percent completion of the construction services, pursuant to the Contract, the CITY must reduce to five (5%) percent the amount of retainage withheld from each subsequent progress payment made to the CONTRACTOR. For purposes of this subsection, the term “Fifty (50%) percent completion” has the meaning set forth in the Contract between local governmental entity and the CONTRACTOR or, if not defined in the Contract, the point at which the local governmental entity has expended fifty (50%) of the total cost of the construction services as identified in the Contract, together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in the Contract. 14.13.4 After fifty (50%) completion of the construction services purchased pursuant to the Contract, the CONTRACTOR may elect to with hold retainage for payments to its subcontractors at a rate higher than five (5%) percent. The specific amount to be withheld must be determined on a case-by-case basis and must be based on the CONTRACTOR’s assessment of the subcontractor’s past performance, the likelihood that such performance will continue, and the CONTRACTOR’s ability to rely on other safeguards. The CONTRACTOR shall notify the subcontractor, in writing, of its determination to withhold more than five (5%) of the progress payment and the reasons for m aking that determination and the CONTRACTOR may not request the release of such retained funds from the CITY. 14.13.5 After fifty (50%) percent completion of the construction services purchased pursuant to the Contract, the CONTRACTOR may present to the CITY a payment request for up to one-half (1/2) of the retainage held by the CITY. The CITY shall promptly make payment to the CONTRACTOR, unless the CITY has grounds, pursuant to paragraph (f), for withholding the payment of retainage. If the CITY makes payment of retainage to the CONTRACTOR under this paragraph which is attributable to the labor, services or materials supplied by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.6 This section does not prohibit the CITY from withholding retainage at a rate less than ten (10%) 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. 14.13.7 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. 14.13.8 The time limitations set forth in this section for payment requests, apply to any payment request for retainage made pursuant to this section. 14.13.9 Paragraphs 14.13.2 through 14.13.6 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. 14.13.10 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. 14.13.11 All payments dues under this section and not made within the time periods specified by this section shall bear interest at th e 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: 538 Bid No. 019-2821-19/IT 60 GENERAL CONDITIONS 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 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 th e termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold t he 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 th e 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 af ter 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 539 Bid No. 019-2821-19/IT 61 GENERAL CONDITIONS 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 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 CIT Y 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 ____________________________________ 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, shal l 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 sh all 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 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 WITH A COPY TO: Director of Financial Services Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 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 pa rty 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 Parag raph 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 540 Bid No. 019-2821-19/IT 62 GENERAL CONDITIONS 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 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 disea ses, 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 a nd 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 fo llowing 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 B ids 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 fo r 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: 541 Bid No. 019-2821-19/IT 63 GENERAL CONDITIONS 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: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials, supplies and other items n eeded 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 su bmitted 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 i nclude 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, eithe r 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 significan t 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 pe rsons or 542 Bid No. 019-2821-19/IT 64 GENERAL CONDITIONS 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 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 543 Bid No. 019-2821-19/IT 65 GENERAL CONDITIONS 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 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 544 Bid No. 019-2821-19/IT 66 GENERAL CONDITIONS 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 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 545 Bid No. 019-2821-19/IT 67 GENERAL CONDITIONS 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 546 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 68 ATTACHMENT ‘A’ THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE 547 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 69 BID FORM REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No. 019-2821-19/IT The City of Boynton Beach is seeking the services of a qualified Contractor for general repairs made to the City’s Water Distribution, Wastewater Collection and Storm Water Systems on an ‘as needed basis.’ The scope generally consists of emergency repairs to various sizes of C-900 pipe for gravity sewer main; ductile iron pipe for force main and water distribution lines; various types of pipe for storm water conveyance; and concrete structures for wastewater and storm water systems. Set up and monitoring of bypass pumping; dewatering systems; and restoration related to landscaping, asphalt and concrete work may also be required as needed. The work shall be performed at various locations throughout the City of Boynton Beach and extended service areas. Submit one (1) original, one (1) copy along with one (1) electronic copy on a USB thumb drive of this form to: City of Boynton Beach, Florida, Procurement Services, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Submitted By: Date: (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Fl orida, and must be able to document the required experience upon request. 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to respond to requests by the City for repairs and emergency services on an as needed basis and to perform and f urnish all WORK as specified at time of need. 2. The undersigned BIDDER understands that Purchase Order(s) will be issued based on Bid prices submitted in response to this Bid. 3. This Bid will remain subject to acceptance for ninety (90) days after th e day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date _________ ___________ _________ ___________ 548 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 70 Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. c. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 5. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certi fied to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 6. BIDDER agrees that the WORK will be substantially completed within _120_ consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within _30__ consecutive calendar days after the Notice of Substantial Completion. 7. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 8. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 9. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this _____ day of ____________, 20___. _________ ___________ _________ ___________ _________ ___________ _________ ___________ 549 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 71 a. (If an individual, partnership, or non-incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of _______________________. BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON-CONFORMING AND INELIGILE FOR AWARD. 550 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 72 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of ________________________________, a Partnership under the laws of the State of ________ held on _____________________, 20____, the following resolution was duly passed and adopted: "RESOLVED, that ___________________________ as _______________________ of the Partnership, is hereby authorized to execute the Bid Form dated ______________________, 20______, between the City of Boynton Beach, Florida, and this Partnership, and that the execution ther eof, attested by the __________________ of the Partnership be the official act and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______________, 20___. (Signature) (Title) STATE OF FLORIDA COUNTY OF ______________________ Sworn to and subscribed before me on this _____ day of _________________________, 20____ by who  is personally known to me or who  has presented the following type of identification: . Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number 551 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 73 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of ________________________, a corporation under the laws of the State of ______________ held on ___________________, 20 ___, the following resolution was duly passed and adopted: "RESOLVED, that _________________________, as ____________________ of the Corporation, is hereby authorized to execute the Bid Form dated ______________________, 20___, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______________, 20___. ____________________________ Secretary STATE OF FLORIDA COUNTY OF ______________________ Sworn to and subscribed before me on this _____ day of _________________________, 20____ by who  is personally known to me or who  has presented the following type of identification: . Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number 552 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 74 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT 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: CITY OF BOYNTON BEACH . 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 553 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 75 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 Bid Title: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS Bid Number: 019-2821-19/IT Bid Due By: APRIL 1, 2019, NO LATER THAN 2:30 P. M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 1, 2019, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Authorized Signature E-mail: ___________________________________ Name Typed 554 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 76 BIDDER’S QUALIFICATIONS STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with t his requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number: 2. Number of years as a Contractor in this type of work: 3. Names and titles of all officers, partners or individuals doing business under trade name: 4. The business is a: Sole Proprietorship  Partnership  Corporation  5. What is the last project of this nature that you have completed? 6. Have you ever failed to complete work awarded to you. If so, when, where and why? 555 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 77 7. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? . List CM’s or GC’s your company has worked for within the past three years. (List 2 other than those shown below) 9. List three SIGNIFICANT PROJECTS completed within the past five years. 10. List three SIGNIFICANT PROJECTS currently under construction. CM/GC No. 1 Contact Person: Tel: Fax: CM/GC No. 2 Contact Person: Tel: Fax: Project No. 1 Location: Your $ Subcontract Amount: $ Date Completed: Contracting Agency: Contact Person: Tel: Fax: Project No. 2 Location: Your $ Subcontract Amount: $ Date Completed: Contracting Agency: Contact Person: Tel: Fax: Project No. 3 Location: Your $ Subcontract Amount: $ Date Completed: Contracting Agency: Contact Person: Tel: Fax: Project No. 1 Location: Your $ Subcontract Amount: $ Date Completed: Contracting Agency: Contact Person: Tel: Fax: Project No. 2 Location: Your $ Subcontract Amount: $ Date Completed: Contracting Agency: Contact Person: Tel: Fax: Project No. 3 Location: Your $ Subcontract Amount: $ Date Completed: Contracting Agency: Contact Person: Tel: Fax: 556 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 78 11. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 12. State the name and licensing of the individual who will have personal supervision of the WORK. 13. Will you sublet any part of this WORK? If so, give details. 14. What equipment do you own that is available for the WORK? 15. What equipment will you purchase for the proposed WORK? 16. What equipment will you rent for the proposed WORK? 17. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 557 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 79 18. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 20. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 21. Bank References (include name, job title, and telephone number of contact person) – Minimum 1 22. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work (a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 558 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 80 23. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer : : : : : : : : : 559 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 81 The BIDDER acknowledges and understands that the information contained in response to this Qualification’s Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omissio n or misstatement that materially affects the BIDDER’S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising fr om such authorization or the exercise thereof, including the dissemination of information requested above. By (Signature) Date 560 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 82 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor’s Signature 561 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 83 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of _____________________________) : County of____________________________) ________________________________________, being first duly sworn, deposes and says that: 1) He is ______________________ of _____________________________________, (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such 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, firm 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, firm 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 any other bidder, 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. (Signed)________________________________ (Title)______________________________ Subscribed and sworn to before me This ______ day of _____________________ , 20_____ My commission expires ____________________________ 562 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 84 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid 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 firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP 563 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 85 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 564 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 86 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Bo ynton 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 f or 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 565 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 87 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 i n 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 p atent 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 def ect 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 Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) 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 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 566 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 88 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 , 2019. (SEAL) CONTRACTOR: By ATTEST: Secretary 567 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 89 CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? ___________ ____________ Yes No If Yes, please indicate by an “X” in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER _______________________________________ (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES _____ NO _____ If YES, Name the Organization from which this certification was obtained and date: _________________________________________________________________ Issuing Organization for Certification ____________________________ Date of Certification 568 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 90 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 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 Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the 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 in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 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. 569 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 91 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida 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. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE 570 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 92 BID No. 019-2821-19/IT SCHEDULE OF SUB-CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder i s further notified that all sub-contractors 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 sub-contractors, if required. Name and Address of Sub- Contractor Scope of Work License No.: Contract Amount Percentage (%) of Contract Signature_______________________________________________ Date:_____________ Title/Company___________________________________________ Owner reserves the right to reject any sub-contractor 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 p erform under this award. Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. 571 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 93 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT BID NO.: 019-2821-19/IT REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. _______________________________ CONTRACTOR NAME By_____________________________ Title: ___________________________ Date: ___________________________ 572 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 94 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, _____________________________, the ______________________________ of (Name of officer of company) (Title of officer of company) _____________________________, located at ____________________________, (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:_________________________________________ 1. Is the business located within the City limits of Boynton Beach, Florida? YES NO Number of Years: ____________ 2. Does the business have a business tax receipt issued in the current year? YES NO Business License Number: _____________ 3. Is the business registered with the Florida Division of Corporations? YES NO I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: ____________________________ Signature: ___________________________ ***FOR PURCHASING USE ONLY*** Business License Active: Verified by: ____________________________ Date: ______________ Year Established: 573 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services 95 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426. 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 No. 019-2821-19/IT for REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS 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: 574 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services ATTACHMENT “B” 575 Bid No. 019-2821-19/IT Utilities – Repairs and Emergency Services WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 2019. ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE 576 INSURANCE ADVISORY FORM 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 highe r. (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 Cit y: (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 $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits 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 ------------------------------------------------------------------------------------------------------------------------------------------- 577 SPECIAL CONDITIONS - TABLE OF CONTENTS PROJECT NAME: REPAIRS AND EMERGENCY SERVICES FOR UTILITIES SC01000 General Requirements SC01010 Summary of Project SC01025 Measurement and Payment SC01027 Applications for Payments SC01041 Project Coordination SC01050 Field Engineering SC01065 Permits and Fees SC01070 Abbreviations and Symbols SC01091 Reference Specifications SC01100 Special Project Procedures SC01110 Environmental Protection Procedures SC01153 Change Order Procedures SC01200 Project Meetings SC01310 Progress Schedules SC01340 Shop Drawings, Work Drawings, and Samples SC01370 Schedule of Values SC01380 Construction Photographs SC01390 Video and Photographic Site Survey SC01400 Quality Requirements SC01500 Construction Facilities and Temporary Controls SC01505 Mobilization SC01525 Construction Aids SC01530 Barriers SC01540 Security and Safety Procedures for Infrastructure Projects SC01541 Security and Safety Procedures for Water Treatment Plant Projects SC01568 Temporary Erosion and Sedimentation Control SC01570 Maintenance of Traffic SC01580 Project Identification and Signs SC01600 Material and Equipment SC01630 Substitutions and Product Options SC01650 Start Up SC01700 Contract Closeout SC01705 Record Drawings Requirements SC01710 Cleaning SC01720 Project Record Documents SC01730 Operating and Maintenance Data SC01740 Warranties and Bonds SC01800 Miscellaneous Work and Clean up END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 578 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 ATTACHMENT C BID NO. - 019-2821-19/IT 579 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 580 ATTACHMENT C BID NO. - 019-2821-19/IT 581 SECTION 01010 - SUMMARY OF PROJECT PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS/REQUIREMENTS INCLUDED A. The work under this project consists of: Emergency Repair of Water, Wastewater, Stormwater, Reclaimed Water, and Raw Water Utilities on an As-Needed Basis. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 582 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 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. ATTACHMENT C BID NO. - 019-2821-19/IT 583 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 584 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, latest 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. Applications for Payments: Section SC01027 B. Shop Drawings, Working Drawings, and Samples – Section SC01340 C. Schedule of Values: Section SC01370 D. Change Order Procedures: Section SC01153 E. Field Engineering: Section SC01050 F. Quality Requirements: Section SC01400 ATTACHMENT C BID NO. - 019-2821-19/IT 585 G. Record Drawing Requirements – Section SC01705 H. Testing Specific Utility Systems 1. Refer to Section 02513 POTABLE WATER AND RECLAIMED WATER DISTRIBUTION SYSTEMS, 02536 FORCE MAINS and Section 02538 SANITARY SEWER SYSTEMS for applicable and specific requirements. Contractor is responsible for all testing costs associated with these systems. 1.05 ALLOWANCES – 1. Actual costs to be reimbursed by the City. 1.06 SCHEDULE OF VALUES A. Submit Schedule of Values at the Pre-Construction Meeting. B. The Schedule of Values shall be a computer generated original. When the Contractor’s proposed Schedule of Values is accepted by the CITY, it shall become the basis for the Application for Payment. C. Contractor shall only revise the accepted Schedule of Values to identify, as separate line items approved on a Field Order or Change Order. The CITY may issue a Field Order substituting or modifying Schedule of Value items. 1.07 APPLICATIONS FOR PAYMENT A. Refer to Section SC01027 – APPLICATIONS FOR PAYMENT B. Submit one (1) original Application for Payment (AFP) for review, authorization and processing. I. 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 586 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. J. Include one (1) set of progress photographs with each Application for Payment. Refer to the Contract Documents, specifically Section SC01380 CONSTRUCTION PHOTOGRAPHS for specific details and requirements. K. 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. L. When existing Right-Of-Way (ROW) irrigation must be disturbed due to pipeline installation, 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. 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. ATTACHMENT C BID NO. - 019-2821-19/IT 587 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: 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. General B. Mobilization/Demobilization, Bonds & Insurance 1. Payment for the General Conditions shall be made on the basis of percentage of the Lump Sum Price 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, for establishment of temporary offices/field trailer, 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 ATTACHMENT C BID NO. - 019-2821-19/IT 588 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. C. Maintenance of Traffic 1. The quantity of traffic control to be considered for payment shall be equivalent to the percentage of the project determined by the Engineer to be complete as of the date of the pay request submitted. The percent completion of the project shall be based on the percent of the total project actually constructed and not on the percent of the Contract price completed. 2. Payment for traffic control shall be made on the basis of a percentage (as determined in ‘1’ above) of the Lump Sum (LS) Price. 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. A detailed MOT plan will need to be provided by the Contractor and approved by City and Palm Beach County when applicable. 4. 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. 5. This item also includes furnishing and installing material (temporary pavement or asphalt millings) for temporary roadways for local resident access and emergency vehicle access during the duration of the construction, and for providing all restoration due to the construction temporary roadways. 6. Refer to Specification Section SC01570 Maintenance of Traffic. D. As-Built Record Drawings 1. Payment for Record Drawings shall be made at the Contract Lump Sum Price and shall be full compensation for preparation and maintenance of the Record Drawings as specified in technical specification SC01340 SHOP DRAWINGS, WORK DRAWINGS AND SAMPLES and the requirements of this Special Conditions. 2. Contractor shall submit updated As-Built Drawings (1 hard copy set and 1 electronic copy in PDF with each Pay Application Request. E. Professional Audio/Video of Construction Site 1. Payment for Audio Video Documentation shall be made at the Contract lump sum price and shall be full compensation for Audio Video Documentation as specified in technical specification 01390 VIDEO AND PHOTOGRAPHIC SITE SURVEY and the requirements of this technical specification. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) * 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 ATTACHMENT C BID NO. - 019-2821-19/IT 589 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. ATTACHMENT C BID NO. - 019-2821-19/IT 590 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 591 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 ATTACHMENT C BID NO. - 019-2821-19/IT 592 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 ATTACHMENT C BID NO. - 019-2821-19/IT 593 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. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 594 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 ATTACHMENT C BID NO. - 019-2821-19/IT 595 SECTION 01050 - FIELD ENGINEERING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Contractor to provide Field Engineering service for the Project. 1. Survey work required in execution of Project. 2. The method of field staking for the construction of the Work shall be at the option of the Contractor. The CITY has provided the engineering surveys, if available, necessary to establish reference points which in the CITY’s judgment are necessary to enable the Contractor to proceed with its work. 3. The accuracy of any method of staking shall be the responsibility of the Contractor. All engineering for vertical and horizontal control shall be the responsibility of the Contractor. 4. The Contractor shall be held responsible for the preservation of all stakes and marks. If any stakes or marks are carelessly or willfully disturbed by the Contractor, the Contractor shall not proceed with any work until it has established such points, marks, lines and elevations as may be necessary for the prosecution of the Work. 5. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida to identify existing control points and maintain a survey during construction. B. Related Requirements Described Elsewhere: 1. Summary of Work: Section SC01010. 2. Project Record Documents: Section SC01720. 1.02 QUALIFICATIONS OF SURVEYOR A. Qualified registered land surveyor, acceptable to the CITY. 1.03 SURVEY REFERENCE POINTS A. Locate and protect control points prior to starting site work, and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to the Consultant. 2. Report to the CONSULTANT when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to replace Project control points which may be lost or destroyed at no additional cost to the CITY. Establish replacement based on original survey control. 1.04 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two (2) permanent benchmarks each on site. ATTACHMENT C BID NO. - 019-2821-19/IT 596 1. Record locations, with horizontal and vertical data, on Project Record Documents. B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means. C. From time to time, verify layouts by same methods. 1.05 RECORDS A. Maintain a complete, accurate log of all control and survey work as it progresses. B. At the end of the project, submit a certified site survey at 1-inch equals 20 feet scale on 24 inches by 36 inches sheet, and per Section SC01720 – Project Record Documents. 1.06 SUBMITTALS A. Submit name and address of surveyor to the CONSULTANT. B. On request of the CONSULTANT, submit documentation to verify accuracy of Field Engineering work. C. Submit certificate signed by a registered surveyor certifying that elevations are in conformance with the Contract Documents, or if not in conformance, certify as to variances from the Contract Documents. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 597 SECTION 01065 - PERMITS AND FEES PART 1 – GENERAL A. The Contractor shall obtain all permits and licenses related to its work, including but not limited to, the necessary construction permits. Cost of permit fees shall be paid by Contractor. CITY to be invoiced at actual cost without markup. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01 NPDES COMPLIANCE A. In addition to other required field permitting, 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 END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 598 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 Docu- ments 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 ATTACHMENT C BID NO. - 019-2821-19/IT 599 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) 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 ATTACHMENT C BID NO. - 019-2821-19/IT 600 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. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 601 SECTION 01091 - REFERENCE SPECIFICATIONS PART 1 - GENERAL 1.01 GENERAL A. Applicable Publications. Whenever in these Specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except to the extent that such standards or requirements may be in conflict with applicable federal, state and local laws, ordinances, or governing codes. No requirements set forth herein or shown on the Drawings shall be waived because of any provision of or omission from such standards or requirements. B. Assignment of Specialists. In certain instances, the Specifications require (or imply) that specific Work is to be assigned to specialist or expert entities who must be engaged for the performance of the Work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work. These requirements are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of Work is recognized as "expert" for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all Work specified herein shall conform to, or exceed, the requirements of such documents and are not in conflict with the requirements of these Specifications or applicable codes. B. References herein to "Building Code" shall mean the Florida Building Code, or the approved building code which replaces it. The latest edition of the code as adopted by the CITY as of the date of award as adopted by the Local Public Agency having jurisdiction shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. C. In case of conflict between codes, reference standards, drawings, and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the CONSULTANT for clarification and directions prior to ordering or providing any materials or labor. The Contractor shall bid the most stringent requirements. D. Applicable Standard Specifications. The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and Specifications listed. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 602 SECTION 01100 - SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.01 PUBLIC NUISANCE A. The Contractor shall not create a public nuisance including, but not limited to, encroachment on adjacent lands, flooding of adjacent lands, or excessive noise. B. Sound levels measured by the Consultant shall not exceed 50 dBA from 7 P.M. to 7 A.M. or 60 dBA 7 A.M. to 7 P.M. This sound level shall be measured at the exterior of the nearest exterior wall of the nearest residence. Levels at the equipment shall not exceed 85 dBA at any time. Sound levels in excess of these values are sufficient cause to have the work halted until equipment can be quieted to these levels. Work stoppage by the Consultant of Owner for excessive noise shall not relieve the Contractor of the other portions of this Specification including, but not limited to, completion dates and bid amounts. C. Construct all work to prevent run-off from flowing off site. D. No extra charge may be made for time lost due to work stoppage resulting from the creation of a public nuisance. E. The Contractor shall notify all property owners/residents, forty- eight (48) hours prior to working in public rights-of-ways or easements affecting or adjoining their properties. Notification shall be 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 shall approve the Contractor’s notification prior to issuance of flyer to the public. 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 or adjoining property owner’s property. 1.02 HAULING AND CONSTRUCTION OPERATIONS A. The Contractor shall keep its haul route and work area(s) neat and clean, and shall bear all responsibility for the cleanup of any spill which occurs during the transport of material to be disposed of. The Contractor shall immediately clean up any such spill or waste. If the Contractor fails to clean up such spill, or waster immediately, the CITY shall have the right to clean up or arrange for its clean up and charge to the Contractor all costs, including engineering, administrative costs and overhead, incurred by the CITY in connection with such cleanup. The CITY may also charge to the Contractor any cost incurred or penalties imposed on the CITY as a result of any spill, dump or discard. Under no circumstances is this material to be discharged into the waterways or any place other than where authorized to do so by the appropriate authority. The term “Contractor” as used in this section shall include the Contractor’s Subcontractors and other Contractors. B. The general requirements for vehicles hauling such waste materials are as follows: Transport vehicle must be of type(s) approved for this application by the State of Florida. Vehicles must be loaded within legal weight limits and operated safely within all traffic and speed regulations. ATTACHMENT C BID NO. - 019-2821-19/IT 603 C. The routes used by the Contractor for the conveyance of this material on a regular basis shall be subject to approval by the governing authority having jurisdiction over such routes. To the extent possible, the use of residential streets shall be prohibited. D. Provide protection for plans designated to remain. Replace damaged plants. E. Provide barriers to prevent unauthorized entry to site and to protect existing facilities and adjacent properties from damage. F. Provide flag person(s) and necessary traffic control devices when trucks or construction equipment is entering or leaving the site. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 604 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 ATTACHMENT C BID NO. - 019-2821-19/IT 605 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 606 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 ATTACHMENT C BID NO. - 019-2821-19/IT 607 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. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 608 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 W ork 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 W ork 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. ATTACHMENT C BID NO. - 019-2821-19/IT 609 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. 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. ATTACHMENT C BID NO. - 019-2821-19/IT 610 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: 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. ATTACHMENT C BID NO. - 019-2821-19/IT 611 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 ATTACHMENT C BID NO. - 019-2821-19/IT 612 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 W ork. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 613 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. 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. ATTACHMENT C BID NO. - 019-2821-19/IT 614 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 ATTACHMENT C BID NO. - 019-2821-19/IT 615 standards. 12. Pending changes and substitutions. 13. Shop Drawing problems. 14. Review proposed changes for: a. Effect on construction schedule and on completion date. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 616 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 W ork 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 ATTACHMENT C BID NO. - 019-2821-19/IT 617 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.). 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 SUBMISSIONS 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 ATTACHMENT C BID NO. - 019-2821-19/IT 618 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, 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) ATTACHMENT C BID NO. - 019-2821-19/IT 619 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 ATTACHMENT C BID NO. - 019-2821-19/IT 620 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. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 621 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 ATTACHMENT C BID NO. - 019-2821-19/IT 622 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. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 623 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. 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 ATTACHMENT C BID NO. - 019-2821-19/IT 624 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 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. ATTACHMENT C BID NO. - 019-2821-19/IT 625 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 ATTACHMENT C BID NO. - 019-2821-19/IT 626 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 ATTACHMENT C BID NO. - 019-2821-19/IT 627 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 ATTACHMENT C BID NO. - 019-2821-19/IT 628 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. ATTACHMENT C BID NO. - 019-2821-19/IT 629 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 ATTACHMENT C BID NO. - 019-2821-19/IT 630 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 ATTACHMENT C BID NO. - 019-2821-19/IT 631 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. 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” ATTACHMENT C BID NO. - 019-2821-19/IT 632 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 ATTACHMENT C BID NO. - 019-2821-19/IT 633 ATTACHMENT C BID NO. - 019-2821-19/IT 634 ATTACHMENT C BID NO. - 019-2821-19/IT 635 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. ATTACHMENT C BID NO. - 019-2821-19/IT 636 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. 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 W ork 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 ATTACHMENT C BID NO. - 019-2821-19/IT 637 SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 – GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall furnish, install and maintain temporary utilities required for construction. Remove on completion of work. 1.02 RELATED REQUIRMENTS A. General Conditions. B. Section SC01010: Summary of Work 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with Federal, State, and local codes and regulations and with utility company requirements. PART 2 – PRODUCTS 2.01 MATERIALS, GENERAL A. Materials may be new or used, but must be adequate in capability for the required usage of the CITY, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. 2.02 TEMPORARY TELEPHONE SERVICE A. Superintendent, foreman or other contractor personnel in charge shall be equipped with a functioning cell phone during the term of the contract. 2.03 TEMPORARY WATER A. Schedule use and provide deposit to the City’s Utility Department for a portable hydrant meter. No water shall be taken from the existing water distribution system unless it’s through the portable hydrant meter. The Contractor shall install and maintain a certified backflow preventer or check valve on all CITY issued portable hydrant meters; no exceptions. Using water from private homes and/or business’ is strictly forbidden. B. Water utilization for concrete plaster and mortar shall meet the respective requirements and standards set forth for water utilized in these construction materials. 2.04 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities in compliance with Federal, state and local laws and regulations. B. Service, clean and maintain facilities and enclosures. 2.05 TEMPORARY CONTROLS A. Noise Control: See Section SC01100 – Special Project Procedures B. Dust Control: 1. Provide positive methods and apply dust control materials to minimize raising dust from construction operations, and provide positive means to prevent airborne dust form dispensing into the atmosphere. C. Pest and Rodent Control: 1. Provide pest and rodent control prior to start of construction to prevent infestation of surrounding neighborhood. a. Employ methods and use materials that will not adversely affect conditions at the site or on adjoining properties. b. Should the use of rodenticides be considered necessary, submit an informational copy of the proposed program to the Consultant. Clearly indicate: 1) The area or areas to be treated ATTACHMENT C BID NO. - 019-2821-19/IT 638 2) The rodenticides to be used, with a copy of the manufacturer’s printed instructions. 3) The pollution preventative measures to be employed. 2. The use of any rodenticide shall be in full accordance with the Manufacturer’s printed instructions and recommendations. D. Debris Control: 1. Maintain all areas under Contractor’s control free of extraneous debris. 2. Initiate and maintain a specific program to prevent accumulation of debris at construction site, storage and parking areas, or along access roads and haul routes. a. Provide acceptable containers for deposit of debris. b. Prohibit overloading of trucks to prevent spillages on access and haul routes. 1) Provide periodic inspection of traffic areas to enforce requirements. 3. Schedule periodic collection and disposal of debris. a. Provide additional collections and disposals of debris whenever the periodic schedule is inadequate to prevent accumulation. E. Pollution Control: 1. Provide methods, means and facilities required to prevent contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. 2. Provide equipment and personnel, perform emergency measures required to contain any spillages, and to remove contaminated soils or liquids. a. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. 3. Take special measure to prevent harmful substances from entering public waters. a. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to streams, or in sanitary or storm sewers. 4. Provide systems for control of atmospheric pollutants a. Prevent toxic concentrations of chemicals b. Prevent harmful dispersal of pollutants into the atmosphere PART 3 – EXECUTION 3.01 GENERAL A. Maintain and operate systems to assure continuous service. B. Modify and extend systems, as work progress requires. 3.02 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 639 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 ATTACHMENT C BID NO. - 019-2821-19/IT 640 SECTION 01525 - CONSTRUCTION AIDS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: The Contractor shall furnish, install and maintain required construction aids and remove on completion of work. B. Related Requirements Described Elsewhere: 1. Summary of Work: Section SC01010 C. Contractor must comply with applicable requirements of the specified in Sections of Divisions 2 through 16 - Technical Specifications PART 2 - PRODUCTS 2.01 MATERIALS A. Materials may be new or used, suitable for the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 CONSTRUCTION AIDS A. Contractor shall provide construction aids and equipment required by personnel and to facilitate execution of the Work: scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, hoists, cranes, chutes and other such facilities and equipment such as temporary valves and fittings. Refer to respective Technical Specifications Sections for particular requirements for each trade. B. When permanent stair framing is in place, provide temporary treads, platforms and railings, for use by construction personnel. C. Maintain facilities and equipment in first-class condition. PART 3 - EXECUTION 3.01 PREPARATION A. Contractor shall consult with the CONSULTANT, review site conditions and factors which affect construction procedures and construction aids, which may be affected by execution of the Work. 3.02 GENERAL A. Comply with applicable requirements specified in sections of Divisions 2 through 16. B. Relocate construction aids as required by progress of con- struction, by storage of work requirements and to accommo- date legitimate requirements of CITY and other contractors employed at the site. 3.03 REMOVAL A. Completely remove temporary materials, equipment and ser- vices: 1. When construction needs can be met by use of permanent construction. 2. At completion of work. B. Clean and restore areas damaged by installation by use of temporary facilities. 1. Remove foundations and underground installations ATTACHMENT C BID NO. - 019-2821-19/IT 641 for construction aids. 2. Restore area of site affected by temporary installations to required elevations, slopes, ground cover and clean the area. C. Restore permanent facilities used for temporary purposes to specified condition or in kind if not specified. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 642 SECTION 01530 – BARRIERS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall furnish, install and maintain suitable barriers as required to prevent public entry, and to protect the Work, existing facilities, trees and plants from construction operations; remove when no longer needed, or at completion of work. 1.02 RELATED REQUIREMENTS A. Section SC01010: Summary of Work. B. Section SC01500: Temporary Facilities. PART 2 - PRODUCTS 2.01 MATERIALS, GENERAL A. Materials may be new or used, suitable for the intended purpose, but must not violate requirements of applicable codes and standards. 2.02 FENCING A. Minimum fence height 6 feet. B. Open-Mesh Fence: 1. No. 11 gauge, 2-inch mesh, 72 inches high-galvanized chain link fabric, with extension arms and 3 strands of galvanized barbed wire. 2. Galvanized steel posts; 1- 1/2 inch line posts and 2- inch corner posts. 2.03 BARRIERS A. Materials are Contractor's option, as appropriate to serve required purpose. PART 3 - EXECUTION 3.01 GENERAL A. Install facilities of a neat and reasonably uniform appearance, structurally adequate for the required purpose. B. Maintain barriers during entire construction period. C. Relocate barriers as required by the progress of construction. 3.02 FENCES A. Provide and maintain fences necessary to assure security of the site during construction to keep unauthorized people and animals from the site when construction is not in progress. B. Gates shall have locks; and keys shall be furnished to the CITY. C. Provide additional security measures as deemed necessary and approved by the CONSULTANT. 3.03 TREE AND PLANT PROTECTION A. Preserve and protect existing trees and plants at site that are designated to remain, and those adjacent to site. B. Consult with the CONSULTANT, and remove agreed-on roots and branches that interfere with construction. 1. Employ qualified tree surgeon to remove branches and tree cuts. ATTACHMENT C BID NO. - 019-2821-19/IT 643 C. Provide temporary barriers to a height of 6 feet, around each, or around each group, of trees and plants. D. Protect root zones of trees and plants: 1. Do not allow vehicular traffic or parking. 2. Do not store materials or products. 3. Prevent dumping of refuse or chemically injurious materials or liquids. 4. Prevent puddling or continuous running water. E. Carefully supervise excavating, grading and filling, and other construction operations to prevent damage. F. Replace, or suitably repair, trees and plants designated to remain which are damaged or destroyed due to construction operations. 3.04 REMOVAL A. Completely remove barricades, including foundations, when construction has progressed to the point that they are no longer needed and when approved by CONSULTANT. B. Repair damage caused by construction. Fill and grade areas of the site to the required elevations, and clean up the area. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 644 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 W ork 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 ATTACHMENT C BID NO. - 019-2821-19/IT 645 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 646 SECTION 01541 - SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS PART 1 GENERAL 1.01 RELATED SECTIONS A. Section 01010 – Summary B. Section 01500 – Construction Facilities and Temporary Controls 1.02 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. 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. B. 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. 1.03 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 W ork 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. 1.04 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. Thereafter, and before it begins such work, Contractor shall give due notice to the CITY of its intention to start such work. Contractor shall not be entitled to any extension of time or any extra ATTACHMENT C BID NO. - 019-2821-19/IT 647 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. D. 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 the CITY, do not reasonably interfere with the performance of this Contract. E. 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 Contractor. F. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations or under, over, or in the structures. Should such conditions develop or be encountered, the water or other fluid shall be controlled and suitably disposed of in accordance with local, state, and federal law, rules and regulations, by means of temporary pumps, piping, drainage lines and ditches, dams or other methods at the sole expense of the Contractor and approved by the CITY in writing. Refer to Special Conditions 01100 SUMMARY OF PROJECT and 02300 EARTHWORK for additional details and requirements. 1.05 SECURITY PROGRAM A. Initiate program at project mobilization. B. Protect Work existing premises and CITY’s operations from theft, vandalism, and unauthorized entry. C. Maintain program throughout construction period until Final Acceptance. D. Refer to the CITY’s Contract Documents for additional details, conditions and requirements. 1.06 ENTRY CONTROL A. Restrict entrance of persons and vehicles into Project site and existing facilities. B. Allow entrance only to authorized persons with proper identification. C. Maintain log of workers and visitors; make available to CITY on request. D. Maintain only one point of ingress / egress with a check-in point manned by a security service. E. Contractor will provide, monitor, and maintain lunch and break areas, restroom facilities, vehicle parking areas, material storage / staging areas, and equipment storage areas. Contractor will provide a site plan for approval prior to mobilization. 1.07 PERSONNEL IDENTIFICATION A. Contractor will perform or provide certification that they have performed criminal background checks on their personnel working on site, including all subcontractors. B. Provide identification (ID) badge to each person authorized to enter premises. Badge will be worn in a highly visible location. C. Badge to Include: Personal photograph, name and assigned number and employer. ATTACHMENT C BID NO. - 019-2821-19/IT 648 D. Maintain a list of authorized persons and submit copy to CITY on request. E. Require return of badges at expiration or termination of their employment. F. Contractor employees will wear common brightly solid colored “company” shirts for easy recognition. Visitors, sales people, suppliers, inspectors, and other similar personnel will wear similar brightly colored vests for easy identification. 1.08 SECURITY SERVICE A. Employ a licensed, uniformed, bonded patrol service equipped with radios or cell phones to provide surveillance of site on a to be determined hour basis. Security will be present at all times when Contractor’s personnel are present, including deliveries, inspections, or when site work is being performed. ID’s will be checked, license plates will be recorded, people will be logged in and out, and contents of delivery vehicles and delivered items will be verified. 1.09 RESTRICTIONS A. Do not allow cameras on site or photographs to be taken except by prior written approval of the CITY. 1.10 SAFETY PROGRAM A. Contractor will submit their safety program to demonstrate compliance with all applicable safety (OSHA) regulations. B. Contractor will protect workers, inspectors and other related site personnel from injury. C. Initiate program at project mobilization. D. Maintain program throughout construction period until CITY acceptance precludes the need for Contractor safety program. E. Contractor’s personnel and their subcontractors shall wear reflective safety vests and hard hats at all times while working on the project site and shall exercise care in performing duties under the Contract. When the cutting of materials is required, personnel shall also wear protective eyewear and hearing protection. PART 2 - PRODUCTS - Not Used. PART 3 – EXECUTION - Not Used. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 649 SECTION 01568 - TEMPORARY EROSION AND SEDIMENTATION CONTROL PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. The Work specified in this Section consists of designing, providing, maintaining and removing temporary erosion and sedimentation controls as required by rules and regulations and permit conditions. 2. Temporary erosion controls include, but are not limited to, grassing, mulching, setting, watering and reseeding on-site surfaces and soil and burrow area surfaces and providing interceptor ditches at ends of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the CITY. 3. Temporary sedimentation controls include, but are not limited to silt dams, traps, barriers, and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the CITY. 4. Contractor is responsible for providing effective temporary erosion and sedimentation control and leaving them installed at completion of the Work. B. Related Work Described Elsewhere: 1. Site Clearing: Section 02230 2. Sedimentation and Erosion Control: Section 02270. PART 2 - PRODUCTS 2.01 SEDIMENTATION CONTROL A. Bales shall be clean, seed-free cereal hay type. B. Netting shall be fabricated of material acceptable to the CITY. C. Filter stone shall be crushed stone which conforms to Florida Department of Transportation (FDOT) specifications. D. Concrete block shall be hollow, non-load bearing type. E. Concrete shall be exterior grade not less than 1-inch thick. PART 3 - EXECUTION 3.01 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps, barriers, and appurtenances as shown on the approved descriptions and working drawings. Hay bales which deteriorate and filter stone which is dislodged shall be replaced. 3.02 PERFORMANCE A. Should any of the temporary erosion and sediment control measures employed by the Contractor fail to produce results which comply with the requirements of the State of Florida, the CITY or Consultant, Contractor shall immediately take whatever steps are necessary to correct the deficiency at its own expense. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 650 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 ATTACHMENT C BID NO. - 019-2821-19/IT 651 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 652 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 ATTACHMENT C BID NO. - 019-2821-19/IT 653 BUILDING A BETTER CITY WITH THIS CIP PROJECT PROJECT NAME Project Value: Construction Bid Price Design Professional: NAME OF CONSULTING FIRM PERSON’S NAME, Project Manager Contractor: NAME OF CONTRACTOR PERSON’S NAME, Project Manager Signs to be 4 feet high by 8 feet wide with 1 ½-inches blue border, white infield and blue lettering (to match border). Sign title line to be 4 -inch letter size, project information to be 3-inch letter size, City information to be 1-inch letters. The City approval of the sign (specifically the City logo) is required after fabrication but prior to installation. Each sign to be mounted on a minimum of two (2) 4x4 posts with white PVC sleeves and whi te PVC top caps. Contractor to provide two (2) signs. Month 20xx Steven B. Grant, Mayor Justin Katz, Vice Mayor District 1 Mack, McCray, Commissioner District 2 Christina Romelus, Commissioner District 3 Joe Casello, Commissioner District 4 Lori LaVerriere, City Manager Name & Title, Project Manager ATTACHMENT C BID NO. - 019-2821-19/IT 654 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 W ork 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 W ork 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 ATTACHMENT C BID NO. - 019-2821-19/IT 655 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 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. ATTACHMENT C BID NO. - 019-2821-19/IT 656 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 ATTACHMENT C BID NO. - 019-2821-19/IT 657 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 658 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: ATTACHMENT C BID NO. - 019-2821-19/IT 659 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 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. ATTACHMENT C BID NO. - 019-2821-19/IT 660 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 ATTACHMENT C BID NO. - 019-2821-19/IT 661 SECTION 01650 - START-UP PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Contractor shall demonstrate to CITY and Consultant that the Work functions as a complete and operable system under normal and emergency operating conditions. B. Related Work Described Elsewhere: 1. Progress Schedules: Section SC01310. 2. Contract Closeout: Section SC01700. 3. Operating and Maintenance Data: Section SC01730. PART 2 - PRODUCTS 2.01 START-UP PLAN A. Submit for Consultant approval a detailed Start-Up Plan outlining the schedule and sequence of all tests and start- up activities, including training and equipment manufacturer representative visits. Start-up and commissioning may not begin until the plan is approved. PART 3 - EXECUTION 3.01 COMPONENT TEST AND CHECK- OUT A. Start-up Certification: Prior to system start-up, Contractor shall successfully complete all the testing required of the individual components of the W ork. Submit five (5) copies of CHECK-OUT MEMO signed by Contractor or subcontractor and the manufacturer's representative. All copies of the Operation and Maintenance Manuals must be provided before start-up may begin. These forms shall be completed and submitted before Instruction in Operation to CITY or a request for final inspection. B. Demonstrate to the Consultant that all temporary jumpers and/or bypass have been removed and that all of the components are operating under their own controls as designated. C. Coordinate start up activities with the CITY's operating personnel and with the Consultant prior to commencing system start-up. D. Provide seventy-two (72) hour notice of intent to start-up. 3.02 START UP A. Confirm that all equipment is properly energized, that the valves are set to their normal operating condition and that the flow path through the new work is unobstructed. B. Slowly fill each hydrostatic structure in the process flow stream with water. C. Initiate start up in accordance with the plant operation and maintenance manual. D. Observe the component operation and make adjustments as necessary to optimize the performance of the Work. E. Coordinate with CITY for any adjustments desired or operational problems requiring ATTACHMENT C BID NO. - 019-2821-19/IT 662 debugging. F. Make adjustments as necessary. 3.03 START-UP DEMONSTRATION AND TESTING A. After all Work components have been constructed, field tested and started-up in accordance with the individual specifications and manufacturer requirements, perform the Start-Up Demonstration and Testing in the presence of the Consultant and the CITY. The demonstration shall be held upon completion of all systems at a date to be agreed upon in writing by the CITY or his representative. B. The start-up testing will be conducted for seven (7) consecutive days. The W ork must operate successfully during the seven (7) day testing period in the m anner intended. If the W ork does not operate successfully, or if the start-up is interrupted, the problems will be corrected and the test will start over from day one. C. During the start-up demonstration period, operate the W ork, instruct designated plant operating personnel in the function and operation of the work, and cause various operational circumstances to occur. As a minimum, these circumstances will include average and peak daily flows, random equipment failures, tank overflows, surcharges and bypasses. Demonstrate the essential features of the equipment and its relationship to other equipment. Prior to the substantial completion, the Contractor shall submit a detailed schedule of operational circumstances. Coordination of the various contract schedules will be accomplished through the Consultant. D. Acceptability of the Work's performance will be based on the Work performing as specified, under these actual and simulated operating conditions as defined in the Contract Documents. The intent of the start-up demonstration and testing is for the Contractor to demonstrate to the CITY and the Consultant that the Work will function as a complete and operable system under normal as well as emergency operating conditions and is ready for acceptance. E. Demonstrate the essential features of all the mechanical systems including, but not limited to, the following as they apply to the Work. Each system shall be demonstrated once only, after completion of testing. 1. Variable frequency drives 2. Chlorination equipment 3. Recarbonation System 4. Control Systems 5. Relocated Pumping Systems 6. Valves 7. Ventilation system 8. Air conditioning system 9. Security system F. Demonstrate the essential features of all electrical systems including, but not limited to, the following as they apply to the work: 1. Electrical systems controls ATTACHMENT C BID NO. - 019-2821-19/IT 663 and equipment. a. Electrical power equipment. b. Motor control centers. c. Motor control devices. d. Relays. e. Special transformers. f. Starting devices. 2. Lighting fixtures (including relamping and replacing lenses). a. Exit and safety fixtures. b. Fixtures, indoor and outdoor. c. Floodlighting. 3. Panelboards. a. Distribution panels. b. Lighting panels. c. Main panels, power panels. d. Switchboard. 4. Transfer switch. 5. Wiring devices. a. Face plates. b. Low-voltage controls. c. Outlets: convenience, special purpose. d. Switches: regular, time. G. Certificate of Completed Demonstration Form (Section 00866): Submit five (5) copies of Certificate of Completed Demonstration, signed by the Contractor, Subcontractor and CITY and insert one (1) copy in each Operation and Maintenance Manual. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 664 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 W ork must be complete: 1. Project Record Documents must be approved. ATTACHMENT C BID NO. - 019-2821-19/IT 665 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 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 ATTACHMENT C BID NO. - 019-2821-19/IT 666 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 ATTACHMENT C BID NO. - 019-2821-19/IT 667 following 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 ATTACHMENT C BID NO. - 019-2821-19/IT 668 SECTION 01705 - RECORD DRAWING REQUIREMENTS PART 1 GENERAL 1.01 The terms “Record Drawing” and “As- Built Drawing” shall be synonymous. However, it is the CITY’s preference to refer to these drawings as “Record Drawings”. The Record Drawings are prepared by the Contractor and are used to document the actual construction and other conditions noted in the Contract Documents. 1.02 REQUIREMENTS INCLUDE A. Contractor shall maintain at the site, a record copy of: 1. Drawings 2. Approved Shop Drawings, Product Data and Samples 3. Field Test Records 1.03 RELATED SECTIONS: A. Measurement and Payment – Section SC01025 B. Shop Drawings, Work Drawings, and Samples – Section SC01340 C. Testing Laboratory Services – Section SC01410 D. Substitutions and Product Options – Section SC01630 1.04 RELATED REQUIREMENTS A. The completed final Record Drawings shall be certified by a Florida Registered Land Surveyor. This certification shall consist of the surveyor’s embossed seal bearing his/her registration number, the surveyor’s signature and date (of the survey) on each sheet of the drawing set (including the cover and key sheet). Standard Detail sheets are not required to be included in the Record Drawing set. In addition, all Record Drawing sheets shall list the company name, business address, and telephone number of surveyor. Additionally, the Record Drawings shall meet all Minimum Technical Standards (MTS) requirements. B. AutoCAD computer generated progress Record Drawings are required to be submitted with each Application for Payment. 1.05 MAINTENANCE OF RECORD DRAWINGS A. The Contractor shall maintain full size (24”x36”) field drawings to reflect the installed / accepted items of work as the W ork progresses. Upon completion of the Work, the Contractor shall submit two (2) sets of full size, signed and sealed Record Drawings and one (1) CD or DVD with the electronic PDF and AutoCAD files (AutoCAD 2010 or newer format). All Record Drawings shall be generated with AutoCAD, and conversions from any other CAD platform to AutoCAD once the drawings are finished are not allowed. Points collected shall be generated with AutoCAD Land Desktop or AutoCAD Civil 3D. An electronic set of the design drawings (including all pertinent XREF’s, CTB files, images, etc.) will be furnished to the Contractor by the design engineer at no cost. B. Contractor shall label each document, “PROJECT RECORD DRAWING” in neat large printed letters, or by rubber stamp. C. Contractor shall maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Record information must be created concurrently with construction progress. Contractor shall not conceal any work until required information is recorded. E. Contractor shall make documents and samples available for inspection by CITY and CONSULTANT at all times. ATTACHMENT C BID NO. - 019-2821-19/IT 669 1.06 RECORD DRAWINGS A. Survey/GPS Points: All points shall be collected via NAD83 FL State Plane coordinates and elevations collected via the NAVD88 vertical datum. All drawings shall be in the proper coordinate base, coordinates shall be called out on the drawings, and all field collected data shall be submitted in comma delimited text electronic format. B. Record Drawings shall include complete as installed information including paving and drainage relative to pavement location; concrete curb; gutter and sidewalks; elevations of surface drainage flows to insure proper routings of storm water runoff; location of inlets, manholes, outfalls, endwalls and control structures; as well as pipe inverts, top of grates, rim elevations, and other features that were constructed in the Project. C. The Record Drawings shall include complete as installed information of the utility systems, (water, sanitary sewer and storm water systems) including service laterals, sample points, valves, backflow preventers, information relative to location of manholes, valve pits (enclosures), wet wells, lift stations, as well as the inverts and rim elevations, and any other features that were either constructed as part of the project or discovered during the construction of the project. Any and all As-Built utilities that vary from the design drawing set shall be moved spatially to its correct locations and reflected accordingly in the AutoCAD, PDF, and hard copy Record Drawings. D. Dimensional ties to water lines shall be provided, both horizontal and vertical, at a minimum of every 200 linear feet (lf). Each water line dimensional tie shall include centerline stationing and be referenced to the nearest edge of roadway paving with elevation of the top of the pipe. E. Contractor’s Record Drawings shall include the key sheet / key map with exact system pipe line and valve locations indicated including GPS coordinates. F. Computer generated Record Drawings shall be submitted; data in tabular form will not be accepted. G. Additionally, Station & Offset and GPS coordinates certified by the surveyor, shall be provided for: 1. Water Mains (including raw water as applicable): Valves, fittings, fire hydrants, permanent sample points, service taps and meters. 2. Sanitary Sewers: - Manholes and cleanouts. 3. Stormwater systems: Inlets, manholes and outfalls (including MES). 4. Force Mains: Valves and fittings. 5. Reuse Mains: Valves, fittings, permanent sample points, service taps and meters. 6. Wellfields: Wellheads and valves 7. General: Street light poles, hand-holds and pull boxes H. Representative items of work that shall be shown on the Record Drawings as verified, changed or added are shown below: 1. Plans: a. Structure types, location with grade of rim and flow- line elevations. b. Piping system type (water main, gravity sewer, etc.), length, size and elevations. c. Utility type, length, size and elevation in conflict structures ATTACHMENT C BID NO. - 019-2821-19/IT 670 d. All maintenance access structures, valve pits, valves and hydrants within right-of way. e. Critical spot elevations at high or low intersections and the midpoint of all intersections. f. Sewer laterals. 2. Pavement Marking and Signing Plans: Sign location where installed if different from plans. I. Record Drawing shall include the following criteria at a minimum. 1. Record Drawings of water lines shall include the following information: a. Top of pipe elevations and horizontal location every 100 linear feet (lf). b. Separation callouts between water main, sanitary sewer mains and laterals, reclaimed water and storm drainage piping and structures. c. Final elevations of surface feature including roadway crown, edge of pavement (roadway and sidewalk) and swale elevations every 200 liner feet (lf). d. Station and Offset, GPS locations and elevations of fittings, valves, fire hydrants, permanent sample points and water service taps and meters. e. All tie-ins to existing lines shall be shown in an enlarged detail of the tie-in configuration. f. All water services 2. Record Drawings of all gravity sanitary sewer lines include the following information: a. Rims, inverts and length of piping between structures as well as slopes. b. Separation callouts between water main, sanitary sewer mains and laterals and storm drainage piping and structures. c. The stub ends of all sewer laterals shall be located via GPS and if there are any cleanouts installed on the sewer laterals then the invert elevation of these cleanouts need to be obtained. d. Lift station Record Drawings shall consist of top of wet well elevation, invert elevation of the incoming line, bottom of the wet well and of the compound area. 3. Force main Record Drawings shall be prepared the same as the water line Record Drawings. 4. Reclaimed water Record Drawings shall be prepared the same as the water line Record Drawings. 5. Record Drawings of all storm water drainage systems shall include the following information: a. Structures, grate elevations, inverts and diameter and length of pipe line between structures, type of drainage system (conveyance and/or exfiltration) and weir elevations if applicable. b. Separation callouts between water main, sanitary sewer mains and laterals and storm drainage piping and structures. ATTACHMENT C BID NO. - 019-2821-19/IT 671 c. Cross section (ROW to ROW) every 50 feet or critical change in elevation and at each inlet showing sidewalk, inlet grate and/or top and bottom of swale/slope, edge of roadway, roadway crown, edge of roadway, grate and sidewalk elevations. 6. All rock and asphalt Record Drawings for parking lot, roadways and swales areas shall consist of the following: a. Rock elevations at all high and low points, and at enough intermediate points to confirm slope consistency and every 50’ for roadways. b. Rock elevations shall be taken at all locations where there is a finish grade elevation shown on the design plans. c. All catch basin and manhole rim / grate elevations shall be shown. d. Elevations around island areas are required. e. As constructed elevations shall be taken on all paved and unpaved swales prior to placement of asphalt and/or topsoil/sod, at enough intermediate points to confirm slope consistency and conformance to the plan details. 7. Lake and canal bank Record Drawings shall include a key sheet of the lake for the location of cross sections. Lake and canal bank cross sections shall be plotted at a minimum of every 100 linear feet (lf) and the top and bottom of slope/edge of water around the lake or canal, unless otherwise specified. Record Drawings shall consist of the location and elevation of the top of bank, edge of water and the deep cut line, with the distance between each shown on the drawing. If there are contours indicated on the design plans, then they shall be recorded as well. a. Retention area Record Drawings elevations shall be taken at the bottom of the retention area and at the top of bank. If there are contours indicated on the design plans, then they shall be recorded as well. b. If a change is made via field order or deviation to any structure, pipeline, etc., a new location shall be noted on the Record Drawings. The Consultant may request additional Record Drawing information to verify horizontal or vertical locations. 1.07 SUBMITTAL A. Record Drawings - As a condition precedent to the Contractor’s request for Substantial Completion Inspection, the Contractor shall furnish to CITY a complete set of full size paper prints, marked-up Record Drawings with “RECORD DRAWINGS” clearly printed on each sheet for review and approval and acknowledge the receipt of marked up plans, comments that shall be addressed before Final Completion. If there was no change to the drawing, it shall be marked “RECORD DRAWING – NO CHANGE” All final Record Drawing sheets shall be certified, signed and sealed by the Contractor’s surveyor. B. Additionally, the Contractor shall certify by stamping and signing each Record Drawing sheet indicating the fact that it has been reviewed and accepted. C. Initially, two (2) signed and sealed paper prints are to be submitted to the Project Manager for review. Following review by the Consultant and CITY, any comments are to be ATTACHMENT C BID NO. - 019-2821-19/IT 672 addressed. On final submission, the following items shall be provided: 1. Two (2) sets of signed and sealed drawings (24 in. x 36 in.). If sent by mail or courier, the drawings shall be packaged in properly sized shipping tubes. 2. PDF and AutoCAD electronic files on CD or DVD. All proposed data must be crossed out and the computer generated As-Built data must be easily identified and put on AutoCAD layers other than those used by the Design Engineer, with the text “ASB” preceding the layer name. A bold or different font and line weight may be used. A sample of record data must be added to the legend and shown on each plan/profile sheet. D. The electronic files submitted must be in PDF and AutoCAD 2010 or newer format. All digital files are to be copied on CD or DVD. All fonts and line types shall be from the standard AutoCAD library. Any attachments to drawings (i.e., XREFs, Images, CTB files, or any such attached files) shall be written to CD or DVD. Original layer states shall be saved in AutoCAD prior to making any changes to drawings using the Layer State Manager under the Layer Properties Manager dialog box. As a minimum requirement, electronic files must include all features that were shown on the approved construction plans. E. When identified on the Schedule of Bid Items as a separate pay item, Record Drawings shall be paid for once the FINAL project Record Drawings have been submitted to and accepted by the CITY and CONSULTANT. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 673 SECTION 01710 – CLEANING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Contractor shall execute cleaning, during progress of the Work and at completion of the Work. 1.02 DISPOSAL REQUIREMENTS A. Contractor shall conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. PART 2 - PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.01 DURING CONSTRUCTION A. Execute daily cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations or personal activities. B. Remove waste materials, debris and rubbish from the site as needed and dispose of at legal disposal areas away from the site. C. Contractor shall coordinate and cooperate with the CITY for the routine collection of garbage, debris and recycle materials by assuring access to oversized vehicles. If access to the property owner pick-up points, Contractor shall gather the collection bins, stage them in a pick-up area and then return to the individual property owners after the garbage and/or recycle has been picked-up. 3.02 DUST CONTROL A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as- needed basis until paint is finished. B. Schedule operations so that dust and other contaminants re- sulting from cleaning process will not fall on wet or newly- coated surfaces. 3.03 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fin- gerprints, labels, and other foreign materials from sight- exposed interior and exterior surfaces. C. Prior to final completion, or Owner occupancy, Contractor shall conduct an inspection of sight-exposed interior and exterior surfaces and all work areas, to verify that the entire Work is clean. END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 674 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. ATTACHMENT C BID NO. - 019-2821-19/IT 675 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. 5. Signature of Contractor or his authorized representative. PART 2 - PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 676 SECTION 01730 - OPERATING AND MAINTENANCE DATA PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. Contractor shall compile product data and related information appropriate for CITY's maintenance and operation of products furnished under Contract. a. Prepare operating and maintenance data as specified in this Section and as referenced in other pertinent sections of Specifications. 2. Contractor shall instruct CITY's personnel in maintenance of products and in operation of equipment and systems. B. Related Requirements Described Elsewhere: 1. Contract Closeout: Section SC01700 2. Project Record Documents: Section SC01720 1.02 QUALITY ASSURANCE A. Preparation of data shall be done by personnel: 1. Trained and experienced in maintenance and operation of described products. 2. Familiar with requirements of the Section. 3. Skilled as technical writer to the extent required to communicate essential data. 4. Skilled as draftsman competent to prepare required drawings. 1.03 FORM OF SUBMITTALS A. Prepare data in form of an instructional manual for use by CITY's personnel. B. Format: 1. Size: 8-1/2 inches x 11 inches. 2. Paper: 20 pound minimum, white, for typed pages. 3. Text: Manufacturer's printed data, or neatly typewritten. 4. Drawings: a. Provide reinforced punched binder tab, bind in with text. b. Reduce larger drawings and fold to size of text pages but not larger than 14 inches x 17 inches. 5. Provide fly-leaf for each separate product, or each piece of operating equipment. a. Provide typed description of projects and major component parts of equipment. b. Provide identified tabs. 6. Cover: Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". List: a. Title of Project. b. Identity of separate structure as applicable. c. Identity of general subject matter covered in the manual. C. Binders: 1. Commercial quality three-post binders with durable and cleanable plastic covers. 2. Maximum post width: 2 inches. ATTACHMENT C BID NO. - 019-2821-19/IT 677 3. When multiple binders are used, correlate the data into related consistent groups. 1.04 CONTENT OF MANUAL A. Neatly typewritten table of contents for each volume, arranged in systematic order. 1. Contractor, name of responsible principal, address and telephone number. 2. A list of each project required to be included, indexed to content of the volume. 3. List, with each project, name, address and telephone number of: a. Subcontractor or installer. b. A list of each product required to be included, indexed to content of the volume. c. Identify area of responsibility of each. d. Local source of supply for parts and replacement. 4. Identify each product by product name and other identifying symbols as set forth in Contract Documents. B. Product Data: 1. Include only those sheets which are pertinent to the specific product. 2. Annotate each sheet to: a. Clearly identify specific product or part installed. b. Clearly identify data applicable to installation. c. Delete references to inapplicable information. C. Drawings: 1. Supplement product data with drawings as necessary to clearly illustrate: a. Relations of component parts of equipment and systems. b. Control and flow diagrams. 2. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. 3. Do not use Project Record Documents as maintenance drawings. D. Written test, as required to supplement product data for the particular installation: 1. Organize in consistent format under separate headings for different procedures. 2. Provide logical sequence of instruction of each procedure. E. Copy of each warranty, bond and service contract issued. 1. Provide information sheet for CITY's personnel, give: a. Proper procedures in event of failure. b. Instances which might affect validity of warranties or bonds. 1.05 MANUAL FOR MATERIALS AND FINISHES A. Submit six (6) copies of complete manual in final form to the CITY through the CONSULTANT. B. Content: for architectural products, applied materials and finishes: 1. Manufacturer's data, giving full information on products. a. Catalog number, size, composition. b. Color and texture designations. ATTACHMENT C BID NO. - 019-2821-19/IT 678 c. Information required for reordering special manufacturing products. 2. Instructions for care and maintenance. a. Manufacturer's recommendation for types of cleaning agents and methods. b. Cautions against cleaning agents and methods which are detrimental to product. c. Recommend schedule for cleaning and maintenance. C. Content, for moisture protection and weather-exposed products: 1. Manufacturer's data, giving full information on products. a. Applicable standards. b. Chemical composition. c. Details of installation. 2. Instructions for inspection, maintenance and repair. D. Additional requirements for maintenance data: Respective sections of Specifications. 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS A. Submit five (5) copies of complete manual in final form to the CITY through the CONSULTANT. B. Content, for each unit of equipment and system, as appropriate: 1. Description of unit and component parts. a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data and tests. c. Complete nomenclature and commercial number of replaceable parts. 2. Operating procedures: a. Start-up, break-in, routine and normal operating instructions. b. Regulation, control, stopping, shut-down and emergency instructions. c. Summer and winter operating instructions. d. Special operating instructions. 3. Maintenance procedures: a. Routine operations. b. Guide to "trouble- shooting". c. Disassembly, repair and reassembly. d. Alignment, adjusting and checking. 4. Servicing and lubrication required. 5. Manufacturer's printed operating and maintenance instructions. 6. Description of sequence of operation by control manufacturer. 7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams required for maintenance. a. Predicted life of parts subject to wear. b. Items recommended to be stocked as spare parts. 8. As-installed control diagrams by controls manufacturer. 9. Each contractor's coordination drawings. a. As-installed color coded ATTACHMENT C BID NO. - 019-2821-19/IT 679 piping diagrams. 10. Charts of valve tag numbers, with location and function of each valve. 11. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage. 12. Other data as required under pertinent sections of specifications. C. Content, for each electric and electronic systems, as appropriate: 1. Description of system and component parts. a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data and tests. c. Complete nomenclature and commercial number of replaceable parts. 2. Circuit directories and panelboards. a. Electrical service b. Controls c. Communications 3. As installed color coded wiring diagrams. 4. Operating procedures: a. Routine and normal operating instructions. b. Sequences required. c. Special operating instructions. 5. Maintenance procedures: a. Routine operations. b. Guide to "trouble- shooting". c. Disassembly, repair and reassembly. 6. Manufacturer's printed operating and maintenance instructions. 7. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage. 8. Other data as required under pertinent sections of specifications. D. Prepare and include additional data when the need for such data becomes apparent during instruction of CITY's personnel. E. Additional requirements for operating and maintenance data: Respective sections of Specifications. 1.07 SUBMITTAL SCHEDULE A. Submit two (2) copies of completed data in final form to the CITY through the CONSULTANT no later than thirty (30) days following the Consultant's review of the last shop drawing and/or other submittal specified under Section SC01340. 1. One copy will be returned with comments to be incorporated into final copies. B. Submit six (6) copies of approved manual in final form directly to the offices of the Consultant, within thirty (30) calendar days of product shipment to the project site and preferably within 30 days after the reviewed copy is received. C. Append six (6) copies of addendum to the operation and maintenance manuals as applicable and certificates as specified within thirty (30) days after final inspection and plant start-up test. 1.08 INSTRUCTION OF CITY'S PERSONNEL ATTACHMENT C BID NO. - 019-2821-19/IT 680 A. Fully instruct CITY’s designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Review operating and maintenance manual with CITY’s operating and maintenance personnel in full detail to explain all aspects of operations and maintenance. C. A list shall be provided to the CITY detailing the date, time and attendees of all training sessions. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 681 SECTION 01740 - WARRANTIES AND BONDS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. Contractor shall compile specified warranties and bonds, as in Article 5 and 13 of the General Conditions and as specified in these Specifications. B. Related Work Described Elsewhere: 1. General Conditions: Articles 5 and 13 2. Contract Closeout: Section SC01700. 1.02 SUBMITTAL REQUIREMENTS A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors. B. Number of original signed copies required: Two (2) each. C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product of work item. 2. Firm, with name of principal, address and telephone number. 3. Scope. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service maintenance contract. 6. Provide information for CITY's personnel: a. Proper procedure in case of failure. b. Instances which might affect the validity of warranty or bond. 7. Contractor, name of responsible principal, address and telephone number. 1.03 FORM OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8-1/2 inches by 11 inches, punch sheets for standard three (3) post binder. a. Fold larger sheets to fit into binders. 2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS". List: a. Title of Project. b. Name of Contractor. C. Binders: Commercial quality, three (3) post binder, with durable and cleanable plastic covers and maximum post width of two (2) inches. 1.04 WARRANTY SUBMITTALS REQUIREMENTS A. For all major pieces of equipment, submit a warranty from the equipment ATTACHMENT C BID NO. - 019-2821-19/IT 682 manufacturer. The manufacturer's warranty period shall be concurrent with the Contractor's for one (1) year, unless otherwise specified, commencing at the time of final acceptance by the CITY. B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major equipment specified under technical specifications for Divisions 11: Equipment; 13: Special Construction; 15: Mechanical; and 16: Electrical and which has at least a 1 hp motor or which lists for more than $1,000. The Consultant reserves the right to request warranties for equipment not classified as major. The Contractor shall still warrant equipment not considered to be "major" in the Contractor's one-year warranty period even though certificates of warranty may not be required. C. In the event that the equipment manufacturer or supplier is unwilling to provide a one (1) year warranty commencing at the start of the Correction Period, the Contractor shall obtain from the manufacturer a two (2) year warranty commencing at the time of equipment delivery to the job site. This two (2) year warranty from the manufacturer shall not relieve the Contractor of the one (1) year warranty. D. The CITY shall incur no labor or equipment cost during the guarantee period. E. Guarantee shall cover all necessary labor, equipment and replacement parts resulting from faulty or inadequate equipment design, improper assembly or erection, defective workmanship and materials, leakage, breakage or other failure of all equipment and components furnished by the manufacturer. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION ATTACHMENT C BID NO. - 019-2821-19/IT 683 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 ATTACHMENT C BID NO. - 019-2821-19/IT 684 Boynton Beach Utilities – April 2018 02018-1 Vibration Monitoring SECTION 02018 VIBRATION MONITORING PART 1 - GENERAL 1.1 DESCRIPTION: A. Furnish, install, maintain, monitor, and remove vibration-monitoring equipment as specified and as indicated. B. Monitor vibrations and noise levels originating from construction operations as indicated or specified. C. Modify construction operation procedures if existing operation creates vibration or noise exceeding specified amounts. 1.2 RELATED SECTIONS A.Section SC01340 – Shop Drawings, Work Drawings, and Samples B. Section SC01700 – Contract Closeout C.Section 03415 – Prestressed Concrete Piles 1.3 REFERENCES Not Used 1.4 UNIT PRICE – MEASUREMENT AND PAYMENT A. When this Section is to be implemented, it shall be considered to be incidental to the specific Work scope for the individual Section, i.e., Pre-Cast Concrete Piles. 1.5 SUBMITTALS: A. Submit the following: 1.Qualifications of the independent vibration consulting firm's Professional Engineer including the names of the five (5) successful projects with names, current addresses, and telephone numbers of persons in charge of representing the owners or the owners at the time of monitored vibration- inducing operation and noise levels. ATTACHMENT D BID NO. 019-2821-19/IT 685 Boynton Beach Utilities – April 2018 02018-2 Vibration Monitoring 2.Qualifications of the vibration consulting firm's personnel to install, operate and interpret the monitoring equipment including the name of the personnel and the names of the three (3) projects per person which they installed, operated, monitored, and interpreted monitoring equipment with names, current addresses and telephone numbers of persons in charge of representing the owners or the owners at the time of monitored vibration-inducing operations and noise levels. 3.Prior to commencement of pile driving or other vibration inducing operations, submit in writing the plan for monitoring operations and equipment to be used to assure compliance with the vibration and noise limitation. As a minimum, this plan shall provide for the following: a.Recommended vibration-limiting methods to meet the specified peak particle velocity limitations and locations for taking measurements. b. Manufacturers’ brochures and written operation instructions for seismograph recording equipment intended to be used for each vibration occurrence. 4. Daily reports, while driving sheeting, piles or performing other vibration-inducing operations, detailing each source of vibration, location of monitoring, and the vibration records highlighting peak particle velocities. All daily reports shall be stamped and signed by the Vibration Consulting Firm's Professional Engineer. PART 2 - PRODUCTS 2.1 EQUIPMENT: A. Provide a low frequency sensitive three-component seismic recording instrument with wave paper trace, variable trigger level setting, peak particle velocity memory operation (in inches/second) and sound level readout capability. B. Manufacturers: 1. Spregnether, St. Louis, MO 2. Slope Indicator Co., Seattle, WA 3. D&L Equipment Corp., Spoffard, NH 4. Or equal ATTACHMENT D BID NO. 019-2821-19/IT 686 Boynton Beach Utilities – April 2018 02018-3 Vibration Monitoring PART 3 - EXECUTION 3.1 QUALITY ASSURANCE: A. Provide in accordance with Division 1 B. Retain the services of an independent vibration consulting firm with the following in-house personnel to conduct the following vibration monitoring requirements: 1. Preparation, signing and stamping of monitoring plans and daily reports, and overseeing monitoring and interpretation of monitoring equipment shall be performed by personnel with the following qualifications: a. Be a Florida Registered Professional Engineer b. Have a minimum of five (5) years experience in the vibration-consulting field c. Have successfully completed at least five (5) projects with vibration-inducing operations and noise levels equal to or more severe than those to be encountered 2. Installation, monitoring and interpretation of monitoring equipment shall be performed by personnel with the following qualifications: a. Have at least three (3) years of experience in the operation of monitoring equipment proposed for use and interpretation of records produced by such equipment b. Have installed, operated, monitored and interpreted equipment and records on at least three (3) projects with vibration-inducing operations and noise levels equal to or more severe than those to be encountered 3.2 EXECUTION: A. Furnish specified instrumentation to be installed, operated and interpreted by the vibration consulting firm's personnel, as specified below and indicated. B. Monitor vibrations and record the entire particle velocity wave train, not just peak velocities. Obtain accurate, legible seismometer records of monitored vibrations. C.Perform all pile sheeting, driving, and other ATTACHMENT D BID NO. 019-2821-19/IT 687 Boynton Beach Utilities – April 2018 02018-4 Vibration Monitoring vibration-inducing operations so that vibrations reaching adjacent structures and facilities are within specified limits. D. Monitor vibrations by measuring the peak particle velocity in the vicinity of work. Peak particle velocity is defined as a maximum of the three velocity components, measured in three mutually perpendicular directions at any point by an instrument and combining the results. The peak particle velocity as measured by the vibration consulting firm's personnel on or at the location as specified in the submitted vibration monitoring plan, for blasting, pile driving, or other vibration-inducing operations, shall not exceed the following: Type of Concrete Peak Particle Age of Concrete, hrs. Velocity in/sec. Mass Concrete 0-11 11 and over 1.0 2.0 Concrete Structures 0-11 11-24 24 and over 0.5 1.0 2.0 Permanent Structure or Utility 2.0 E. In the event any recordings indicate that vibration limits are being exceeded, immediately suspend all sheeting, driving and other vibration-inducing operations and submit a report to the Engineer. Revise operations to reduce vibrations and submit a copy of the revised procedure to the Engineer at no additional cost to the City. F. If evidence of displacement or damage to utilities, equipment, or structures is observed or reported, immediately notify the Engineer and discontinue operations creating the vibrations. Revise operation to reduce vibrations and submit a copy of the revised procedure to the Engineer. G. Restore or replace utilities, equipment, or structures damaged by at no additional cost to the City. H. Monitor and record on chart noise originating from construction activities. I. If noise limitations as specified City Ordinance’s are exceeded notify the Engineer and discontinue operations creating noise. Revise operation to meet specified noise limitation before continuing. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 688 Boynton Beach Utilities – April 2018 02060 - 1 Aggregate Materials SECTION 02060 AGGREGATE MATERIALS ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards latest edition (where applicable) as reference documents. It is the intent of the Utilities Department that this technical specification (02060) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 204 - Graded Aggregate Base  Section 210 - Reworking Limerock Base  Section 220 - Shaping and Compacting Local Base Rock  Section 230 - Limerock Stabilized Base  Section 911 – Limerock Material for Base and Stabilized Base  Section 240 - Sand-Clay Base  Section 250 - Shell Base  Section 913 – Shell Material  Section 913A – Shell – Rock Material  Section 914 – Stabilization Materials  Section 260 - Shell Stabilized Base  Section 270 - Soil Cement Base  Section 901 - Course Aggregate  Section 902 - Fine Aggregate In the event that this technical specification (02060) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Aggregate materials 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment ATTACHMENT D BID NO. 019-2821-19/IT 689 Boynton Beach Utilities – April 2018 02060 - 2 Aggregate Materials B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 - Quality Requirements D. Section 02300 - Earthwork E. Section 02320 – Trenching and Excavation F. Section 02322 – Dewatering and Drainage G. Section 02324 – Backfill H. Section 02371 - Riprap and Rock Lining I. Section 02740 – Subgrade, Base Course and Asphalt 1.3 REFERENCES A. Florida DOT Standard Specifications for Road and Bridge Construction cited at the beginning of this section. B. AASHTO - M147 - Standard Specification for Materials for Aggregate and Soil-Aggregate Sub base, Base and Surface Courses C. AASHTO T180 - Standard Specification for Moisture- Density Relations of Soils Using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in) Drop D. ASTM C136 - Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates E. ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (6,000 ft-lbf/ft3 (2,700 kN-m/m3) F. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) G. ASTM D2922 - Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) H. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) ATTACHMENT D BID NO. 019-2821-19/IT 690 Boynton Beach Utilities – April 2018 02060 - 3 Aggregate Materials I. ASTM D4318 - Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils 1.4 UNIT PRICES - MEASUREMENT AND PAYMENT A. Section SC01025 - MEASUREMENT AND PAYMENT B. Aggregate (other than required for roadway repair, construction, exfiltration trench and manhole/structure support pad): By the square yard - Includes supplying aggregate materials, stockpiling, placement, compaction and testing. 1.5 SUBMITTALS A. Submittals for review and authorization to proceed 1. Materials Source: Submit name of imported materials suppliers 2. Materials: Submit material certificates including proctor and sieve analysis of each type of aggregate supplied 2 PART 2 PRODUCTS 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type FDOT 57 Stone 2.2 FINE AGGREGATE MATERIALS A. Fine Aggregate Type FDOT Standard Specification for Road and Bridge Construction Section 902. B. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). C. Materials generated from the on-site excavations or imported from an off-site source may be utilized for backfill of pipeline and associated structure excavations provided the materials consist of relatively clean sands or reasonably well graded, relatively clean sand-gravel mixtures that are free of timber, roots, clods, construction demolition debris, rubbish, trash or other deleterious matter. The materials shall have a maximum size of 1 inch, have not more than 10 percent passing the US Standard No. 200 ATTACHMENT D BID NO. 019-2821-19/IT 691 Boynton Beach Utilities – April 2018 02060 - 4 Aggregate Materials Sieve and contain no more than 2 percent (by weight) of organic matter. 1. Backfill materials classification shall comply with the Unified Soil Classification System (ASTM D 2487) Group Symbols of SP, SP-SM, GP or GP-GM. 2. The S=Sand, G=Gravel, P=Poorly Graded, and M=Silty all per ASTM D 2487. 2.3 SOURCE QUALITY CONTROL A. Coarse Aggregate Material - Testing and Analysis: Perform in accordance with ASTM D1557 or AASHTO T180 B. Fine Aggregate Material - Testing and Analysis: Perform in accordance with ASTM D1557 or AASHTO T180 C. If tests indicate materials do not meet specified requirements, change material or material source and retest D. Provide materials of each type from same source throughout the Work 3 PART 3 EXECUTION 3.1 QUALITY ASSURANCE A. Perform Work in accordance with State of Florida DOT standards 3.2 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. ATTACHMENT D BID NO. 019-2821-19/IT 692 Boynton Beach Utilities – April 2018 02060 - 5 Aggregate Materials 3.3 STOCKPILE CLEANUP A. Remove stockpile, leave area in a clean and neat condition. Grade site surface to prevent free-standing surface water. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 693 Boynton Beach Utilities – April 2018 02082 - 1 Public Manholes and Structures SECTION 02082 PUBLIC MANHOLES AND STRUCTURES ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition where applicable) as reference documents. It is the intent of the Utilities Department that this technical specification (02082) 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 – Installing Adhesive-Bonded Anchors and Dowels for Structural Applications  Section 417 - Epoxy Coating of Reinforcing Welded Wire Fabric  Section 425 - Inlets, Manholes, and Junction Boxes In the event that this technical specification (02082) 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. ****************************************************************** 1 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 SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section SC01700 – Contract Closeout E. Section 02060 – Aggregate Materials ATTACHMENT D BID NO. 019-2821-19/IT 694 Boynton Beach Utilities – April 2018 02082 - 2 Public Manholes and Structures F. Section 02320 – Trenching and Excavation G. Section 02322 – Dewatering and Drainage H. Section 02324 – Backfill I. Section 02513 – Public Water & Reclaimed Water Distribution Systems 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 SC01025 – MEASUREMENT AND PAYMENT The replacement of existing irrigation (public or private) in the Public ROW as the result of public manholes and structures 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 pipeline, structure or swale development. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Shop Drawings: Indicate location and size of reinforcing steel, manhole locations, inlet locations, elevations, piping, conduit, and any weir control structures, sizes and elevations of penetrations for the following: 1. Precast Manhole (including reinforcing and joint), including Frame and Cover and all brickwork. 2. Precast Structure / Inlet (including reinforcing and joint) including Frame and Cover / Grate (all grates for storm water inlets shall be reticuline with a traffic rating of H-20) and all brickwork. ATTACHMENT D BID NO. 019-2821-19/IT 695 Boynton Beach Utilities – April 2018 02082 - 3 Public Manholes and Structures 3. Precast Junction Box and conflict structure (including reinforcing and joint), including Frame and Cover and all brickwork. 1.6 PROJECT RECORD DOCUMENTS A. Refer to Section SC01700 CONTRACT CLOSEOUT for additional requirements. B. Refer to Section SC01720 PROJECT RECORD DOCUMENTS for additional requirements. 1.7 DELIVERY, STORAGE AND HANDLING A. Comply with precast concrete manufacturer’s instructions for unloading, storing and moving precast manholes and drainage structures. Cracks or broken ends due to improper handling will not be acceptable. Lift holes will not be allowed. B. Store precast concrete manholes and drainage structures to prevent damage to Owner’s property or other public or private property. Repair property damaged 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. 2 PART 2 PRODUCTS 2.1 MANHOLES (SANITARY) A. Materials 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. ATTACHMENT D BID NO. 019-2821-19/IT 696 Boynton Beach Utilities – April 2018 02082 - 4 Public Manholes and Structures c. All steel bars shall have 1-1/2" minimum cover unless otherwise shown 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 diameters at corners. 3. Flexible Gasket: Ram Neck Seal 4. Sanitary Sewer Manhole Coatings: a. Interior Coating: Manhole interior protection shall consist of the following approved processes: ThoRoc, Mainstay, Sewpercoat, Strong Seal or Refratta HAC 100 coating applied in the field. b. Exterior Coating: CARBOLINE (Koppers) Bitumastic 300M Outside Structure: 1st coat gray or red, 2nd coat black. 5. Manhole Brick: ASTM C32-73 (3-hole) and shall be sound, hard and uniformly burned brick, regular and uniform in shape and size, of compact texture, and satisfactory to the Engineer. Brick shall comply with the ASTM Standard Specification for Sewer and Manhole Brick (made from clay or shale). Grade SS brick shall be used for paved inverts and shelves, and grade MS shall be used for walls. 6. Masonry Mortar: ASTM C270-82, Type M - Type II Cement. 7. Manhole Frame and Cover: Traffic rated, conforming to U.S. Foundry No. 230-AB-MC, or equal. 8. Manhole frames and covers shall be the Utility Department Standard as shown on the project construction drawings and of such quality and composition as will make the metal of the casing strong and tough and of even grain. They shall be smooth, free from scale, lumps, blisters and sand holes. No plugging or filling will be allowed. The words "SANITARY SEWER" shall be cast in the cover so as to be plainly visible. Frames and covers shall have a protective coating of black paint. All covers shall have a non-penetrating or concealed type pick hole. ATTACHMENT D BID NO. 019-2821-19/IT 697 Boynton Beach Utilities – April 2018 02082 - 5 Public Manholes and Structures B. Construction 1. Manholes 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. Adjustable riser rings are preferred for all manholes. 2. Water stop shall be manhole manufacturer's standard. If the manufacturer does not have a standard, use a 4-inch wide, #10 gauge steel sheet, welded continuous through the joint. 3. Joints shall be tongue and groove suitable for flexible Ram Neck seal gasket. 4. Lifting hooks shall be used throughout. Lift holes will not be allowed. 5. Components of the manhole 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 as honeycomb or spalling. The Owner reserves the right to inspect manholes at the factory. 2.2 INLETS, JUNCTION BOXES, MANHOLES (STORM) A. Materials 1. Concrete: 4,000 psi. 2. Reinforcement: As stated above. 3. Sizing a. Standard structure bottoms 4'-0" diameter and smaller (Alt. A) and 3'-6" square (Alt. B) are designated Type P. Larger standard structure bottoms are designated Type J. Adjustable riser rings are preferred for all structures. ATTACHMENT D BID NO. 019-2821-19/IT 698 Boynton Beach Utilities – April 2018 02082 - 6 Public Manholes and Structures b. Walls of circular structures (Alt. A) constructed in place may be of non- reinforced concrete or brick or reinforced concrete. Precast and rectangular structures (Alt. B) shall be constructed of reinforced concrete only. c. Wall thickness and reinforcement are for either reinforced cast-in-place or precast concrete units except that precast circular units may be furnished with walls in accordance with either ASTM C-478 (up to 96" diameter) or ASTM C-76 Class III B Wall, modified where the elliptical steel cage area is placed in the center one-third of the wall. d. Top and floor slab thickness and re- enforcement are precast and cast-in-place construction. Top and floor slabs shall be of Class II concrete. Concrete as specified in ASTM C-478 (4,000 psi) may be used in lieu of Class I and Class II concrete in precast items manufactured in plants which are under the 'Standard Operating Procedures' for the inspection of precast drainage products. e. Structure bottoms may be used in conjunction with curb inlet tops Types 1,2,3,4,5,6,9, and 10, and any manhole or junction box unless otherwise shown in the plans or other standard drawings. Alt. B structure bottoms may be used in conjunction with curb inlet Types 7 & 8, or any ditch bottom inlet unless otherwise shown in the plans or other standard drawings. f. Rectangular structures may be rotated as directed by the Engineer in order to facilitate connections between the structure walls and storm sewer pipes. g. The corner fillets shown are necessary for rectangular structures used with circular risers and inlet throats and used on skew with rectangular risers, inlet and inlet throats. Fillets will be required in lieu of the bottom slab of the Alt. B riser when ATTACHMENT D BID NO. 019-2821-19/IT 699 Boynton Beach Utilities – April 2018 02082 - 7 Public Manholes and Structures used with the Alt. A box. Each fillet shall be reinforced with 2- #5 bars. 4. Frames, Covers and Grates: a. All grates for storm water inlets shall be reticuline with a traffic rating of H-20 as shown on FDOT Standard Index No.232. b. Inlet throats, riser or manhole tops shall be secured to structures as shown on FDOT Standard Index No. 201. c. For manhole and junction box tops for frames and covers, and for supplementary details, see same FDOT Standard Index No. 201. 3 PART 3 EXECUTION 3.1 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section SC01400 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 manholes is correct. 3.3 REPARATION A. Coordinate placement of inlet and outlet pipe or duct sleeves required by other sections. 3.4 MANHOLE INSTALLATION (WASTEWATER) A. Trenches and excavations shall be kept dry while work is in progress. Excavations for manholes and other structures shall be over-excavated and plastic filter fabric (Geotextile), of a sufficient size to envelope the rock support bed shall be placed in the bottom of the excavation, then place a 12 inch thick (or as specified on the project construction drawings)rock ATTACHMENT D BID NO. 019-2821-19/IT 700 Boynton Beach Utilities – April 2018 02082 - 8 Public Manholes and Structures support bed of FDOT 57 rock and then install the structure. The manhole invert shall be carefully shaped to conform to the pipe flow channel. Flow channels within the manholes involving changes of direction or slide slopes shall smoothly direct the flow in accordance with detail drawings. All concrete irregularities shall be plastered with cement mortar in such a manner as to give neat and watertight job. Manholes 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. All pipe penetrations shall be supplied with NPC KOR-N-SEAL flexible pipe-to-manhole connector. Base slab and wall thickness for precast manholes shall be as shown on the detail drawings. Invert shall be constructed as shown on the detail drawings. Steep slopes outside the invert channels shall be avoided. Changes in size and grade shall be made gradually and evenly. Changes in the direction of the sewer and entering branch or branches shall have a true curve; of as large a radius as the size of the manhole will permit. Manhole inverts may be constructed prior to installation by grouting pipe in place with cement mortar and approved joint mix. 3.6 INLET / STRUCTURE INSTALLATION (STORMWATER) A. Trenches and excavations shall be kept dry while work is in progress. Appurtenance shall be set to the pipe grade firm and plumb in the location(s) shown on the project construction drawings. Excavations for inlets and other stormwater structures shall be over- excavated and plastic filter fabric (Geotextile), of a sufficient size to envelope the rock support bed shall be placed in the bottom of the excavation, then place a 12 inch thick rock support bed of FDOT 57 rock and then install the structure. Joints shall be cleaned, primed and the required gasket or sealant applied as recommended by the manufacturer. Voids remaining in the joint shall be caulked with ATTACHMENT D BID NO. 019-2821-19/IT 701 Boynton Beach Utilities – April 2018 02082 - 9 Public Manholes and Structures anhydrous cement grout on both the inside and outside to make a smooth watertight seal. 3.7 INSTALLATION OF CONDUIT INTO INLET / STRUCTURE A. Trenches and excavations shall be kept dry while work is in progress. The diameter for the pipe opening in the structure shall be 6 inches larger than the outside diameter of the pipe. Pipe shall penetrate the inside wall of the inlet/structure a minimum of 2-inchs and a maximum of 4-inches. After pipe is set, the space between the pipe and inlet/structure wall shall be filled with 3-holes brick and hydraulic cement or sealed in accordance with the project construction drawings. Refer to Section 02538 SANITARY SEWER SYSTEM and 02630 STORM DRAINAGE for discipline specific requirements. Base slab and wall thickness for precast structures shall be as shown on the detail drawings. Slopes within the inlet / structure bottom shall be avoided. B. If inlet / structure contains a weir of other water elevation control structure, the weir wall shall incorporate the bleed down orifice with the opening bottom set at the normal control elevation. The top of the weir wall shall be set at the design elevation that shall be between 6" and 12" below the bottom of the structure top slab or inlet grate. 3.8 FRAMES AND COVERS A. The manhole, inlet and structure frames and covers 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 ATTACHMENT D BID NO. 019-2821-19/IT 702 January 2013 02084 - 1 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, latest edition, 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 - Installing Adhesive-Bonded Anchors and Dowels for Structural Applications  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. ****************************************************************** 1 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 SC01025 - Measurement and Payment B. Section SC01330 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section SC01700 – Contract Closeout E. Section 02060 – Aggregate Materials F. Section 02320 – Trenching and Excavation ATTACHMENT D BID NO. 019-2821-19/IT 703 January 2013 02084 - 2 Wet Wells G. Section 02322 – Dewatering and Drainage H. Section 02324 – Backfill I. Section 02513 – Public Water & Reclaimed Water Distribution Systems 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 SC01025 – MEASUREMENT 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 AUTHORIZATION 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 SC01700 CONTRACT CLOSEOUT for additional requirements. B. Refer to Section SC01720 PROJECT RECORD DOCUMENTS REQUIREMENTS for additional requirements. 1.7 DELIVERY, STORAGE AND HANDLING ATTACHMENT D BID NO. 019-2821-19/IT 704 January 2013 02084 - 3 Wet Wells 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 damaged 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. 2 PART 2 PRODUCTS 2.1 WET WELLS A. Materials 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 1-1/2" minimum cover unless otherwise shown 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 diameters at corners. 3. Flexible Gasket: Ram Neck Seal ATTACHMENT D BID NO. 019-2821-19/IT 705 January 2013 02084 - 4 Wet Wells 4. Wet Well Coatings: a. Interior Coating: Manhole interior protection shall consist of the following approved processes: ThoRoc, Mainstay, Sewpercoat, Strong Seal or Refratta HAC 100 coating applied in the field. b. Exterior Coating: CARBOLINE (Koppers) Bitumastic 300M Outside Structure: 1st coat red, 2nd coat black. 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 as honeycomb or spalling. The Owner reserves the ATTACHMENT D BID NO. 019-2821-19/IT 706 January 2013 02084 - 5 Wet Wells right to inspect all precast components at the factory. 3 PART 3 EXECUTION 3.1 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section SC01400 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 neat 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 construction drawings. Steep slopes ATTACHMENT D BID NO. 019-2821-19/IT 707 January 2013 02084 - 6 Wet Wells 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 well 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 ATTACHMENT D BID NO. 019-2821-19/IT 708 September 2013 02112 - 1 Asbestos Cement Pipe Removal/Disposal SECTION 02112 ASBESTOS CEMENT PIPE REMOVAL/DISPOSAL PART 1 GENERAL 1.1 SECTION INCLUDES A. The WORK in this Section includes the proper and safe removal, material protection, documentation, transportation and delivery for removal/disposal of asbestos cement pipe (ACP). There is NO new ACP installation in the WORK. B. Federal Regulations classify asbestos cement pipe (ACP) as Category II, non-friable asbestos containing material (A term as defined in 40 CFR 61, Subpart M and EPA 340/1-90-018 that means any material containing more than 1 percent asbestos that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure). As such, the Contractor shall ensure the ACP is handled in a manner which will maintain that classification and not create hazardous conditions. If at any time during construction the ACP becomes friable, the Contractor shall report it immediately to the City and local, County, State, and Federal regulatory agencies as required. The Contractor shall be responsible for all additional costs and compliance with all local, County, State, and Federal regulations related to friable ACP. C. Contractor shall carefully review the specific requirements in the Utilities Engineering Design Handbook and Construction Standards for the City of Boynton Beach, Utilities Department. D. The Contractor shall comply with the requirements of the Palm Beach County Health Department and Solid Waste Authority of Palm Beach County, specifically the Asbestos Disposal Policy and Procedures. E. Contractor shall exercise special and proper care during all aspects of the WORK so as to prevent damage to the existing ACP. ATTACHMENT D BID NO. 019-2821-19/IT 709 September 2013 02112 - 2 Asbestos Cement Pipe Removal/Disposal 1.2 APPLICABLE PUBLICATIONS The following documents are listed for general reference and may not be inclusive of all standards applicable for this project. The current version of the following documents form a part of this specification and are applicable to the extent specified. Work shall conform to applicable federal, state and local government regulations and to the requirements specified herein. Whenever inconsistencies occur between the referenced materials, the more stringent shall apply. The intent of these documents is to verify the work is conducted at the highest level of safety. American National Standards Institute (ANSI) American Society for Testing and Materials (ASTM) Code of Federal Regulations (CFR) 29 CFR Safety and Health Regulations for the Construction Industry, Part 1926 40 CFR Environmental Protection Agency Part 61 49 CFR Department of Transportation National Institute for Occupational Safety and Health NIOSH) State Requirements Chapter 62-257 Florida Asbestos Program Chapter 469 Florida Asbestos Abatement 1.3 SUBMITTALS The Contractor shall submit to the City a detailed plan of the ACP removal/disposal program. The Contractor shall secure City approval for the program before starting the pipe removal. The plan shall contain at least the following:  Contractor’s / Sub-contractor’s previous experience with ACP removal/disposal. ATTACHMENT D BID NO. 019-2821-19/IT 710 September 2013 02112 - 3 Asbestos Cement Pipe Removal/Disposal  Location of prior experience.  Current licenses (if any) or training in Class II Asbestos.  Proposed crew and level of expertise on ACP handling, removal, and disposal.  Detailed proposed methods and procedures for the ACP removal, transportation, and disposal.  Acknowledgement of local, County, State, and Federal regulations related to the work to be performed.  List of documentation to be provided to the City, and other local, County, State, or Federal agencies.  Safety, Health and Accident Prevention Plan. PART 2 EXECUTION 2.1 PROJECT CONDITION A. The work consists of the removal/disposal of asbestos- containing materials, which can cause a serious health risk to humans. Local, County, State, and Federal rules, regulations and laws govern the work. The Contractor agrees by accepting the contract that their company is fully knowledgeable of this information and shall bear full responsibility for the health and safety of their workers. B. The Contractor shall cooperate with the City during all work. This cooperation shall include allowing access to the work areas to allow for visual and air monitoring, collecting samples, providing requested data on personnel, equipment, scheduling and facilitating monitoring of the work. C. Contractor shall submit a 10-day notification to the Florida Department of Environmental Protection / Palm Beach County Health Department prior to the start of work. D. The ACP shall be placed in leak tight vehicles or containers (i.e., pipes wrapped in 6-mil polyethylene sheeting) with required warning and hazardous generator labels. The ACP shall be transported to a landfill that accepts asbestos waste. A waste ATTACHMENT D BID NO. 019-2821-19/IT 711 September 2013 02112 - 4 Asbestos Cement Pipe Removal/Disposal shipment record shall be properly maintained and provided to the City. 2.2 REMOVAL A. It is the intent of the WORK to require that all ACP materials shall be properly and safely removed, transported and disposed in accordance with all applicable asbestos regulations and local solid waste landfill requirements. This provides for proper and safe removal of the buried asbestos cement pipe, proper bagging in leak tight plastic (with total of 6 mil thickness) for the Class II non-friable asbestos containing materials, transportation and delivery to the Solid Waste Authority operated Landfill, proper ACP materials documentation and use of personal protective equipment while within the Asbestos Disposal Compound. B. All work involved in the proper and safe removal and transportation and disposal of ACP shall be the responsibility of the Contractor. C. The Contractor shall make written notifications as required under the asbestos regulations to the appropriate regulatory agencies and City as required in advance of any ACP materials being removed from the work site and transported for disposal. D. The AC pipe shall be removed in an intact condition to the maximum extent feasible. Removal shall be performed using wet methods. Intact means that the ACP is not to be crumbled, pulverized, or otherwise deteriorated so that the asbestos becomes friable and may be no longer bound in the piping materials. No visible emissions of asbestos materials shall be permitted. E. The ACP shall be kept wet before, during, and after any disturbance using an airless sprayer. F. If the ACP needs to be cut into smaller sections, Contractor shall use a wheel-type pipe cutter such as a snap cutter, carbide-tipped blade cutter, manual field lathes, etc. to eliminate the generation of dust. Apply dropcloth of 6-mil polyethylene sheeting ATTACHMENT D BID NO. 019-2821-19/IT 712 September 2013 02112 - 5 Asbestos Cement Pipe Removal/Disposal to the area beneath and a minimum of 3 feet beyond the section to be cut. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris which may have fallen outside dropcloth. G. Contractor is prohibited from sawing, grinding, or crushing ACP. Contractor is prohibited from using high-speed abrasive disc saws that are not equipped with point of cut ventilator or enclosures with HEPA filtered exhaust air, using compressed air to remove asbestos unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air, dry sweeping, shoveling or other dry clean-up of dust and debris containing ACP, and employee rotation as a means of reducing employee exposure to asbestos. H. Use of compressed air to clean ACP is prohibited. At no time should ACP or pieces be mixed in with fill. I. ACP Removal Superintendent: Designate a qualified employee as superintendent. The superintendent shall meet the requirements of a competent person/supervisor in accordance with OSHA requirements and possesses ACP removal experience. 2.3 DISPOSAL A. The removed ACP material shall be delivered to a landfill permitted for disposal of Category II non- friable asbestos containing materials. B. The Contractor is advised the Palm Beach County landfills do not accept friable asbestos-containing materials for disposal. Friable asbestos-containing materials are regulated as hazardous waste. A friable material is defined as material that can be crumbled, pulverized, or reduced to powder in the hand. C. Palm Beach County landfills do accept Category II non- friable asbestos-containing materials, under specific conditions. The Contractor shall comply with the current requirements for encapsulation and plastic wrapping to allow disposal at the landfill. ATTACHMENT D BID NO. 019-2821-19/IT 713 September 2013 02112 - 6 Asbestos Cement Pipe Removal/Disposal D. All asbestos material shall be wrapped in 6-mil polyethylene sheeting. Include site-specific labels as required by the local jurisdiction. Labels are to be waterproof, legible, and large enough in size to be readily visible. E. No overnight storage of ACP waste will be allowed. The Contractor shall transport the ACP waste directly from the site to the landfill. The procedure for hauling and disposal shall comply with all local, County, State, and Federal standards. The waste manifests shall be prepared in accordance with the requirements of the Solid Waste Authority Landfill. F. The unloading of trucks and disposal of the ACP at the landfill shall be in accordance with all applicable regulations. Provide asbestos waste shipment records to the City within three (3) days after delivery of the ACP to the landfill. 2.4 ABANDONMENT IN PLACE A. On a special case-by-case basis, ACP removal and disposal as described under section 3.1 may be determined to be infeasible. In these cases, the Contractor may request approval from the Owner to abandon sections of the ACP in place. In these special approved cases, the following requirements shall be followed: i. Any and all ACP approved to be abandoned in place shall not be cut or crushed. ii. The ACP approved to be abandoned in place shall be filled with grout. The grout mix and slump shall meet the specifications and requirements of the City. Electronic full-range markers shall be placed at each end of the pipe. iii. The locations of all ACP approved by the City to be abandoned in place shall be clearly shown on the Record Drawings. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 714 January 2013 02221 - 1 Building Demolition SECTION 02221 BUILDING DEMOLITION 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Demolition of designated structures and removal of materials from site B. Demolition and removal of foundations and slabs-on-grade C. Disconnecting and capping or removal of identified utilities D. Removal of underground tanks and piping E. Refer to items as indicated 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01700 – Contract Closeout C. Section 02060 – Aggregate Materials D. Section 02230 - Site Clearing 1.3 REFERENCES Not Used. 1.4 QUALIFICATIONS A. Demolition Firm: Company specializing in performing the Work of this Section with minimum three (3) years documented experience. 1.5 REGULATORY REQUIREMENTS A. Conform to City code for demolition of structures, safety of adjacent structures, dust control, runoff control, disposal, and site restoration. B. Obtain required permits from authorities. ATTACHMENT D BID NO. 019-2821-19/IT 715 January 2013 02221 - 2 Building Demolition C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks, or utilities without permits. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. F. Test soils around buried tanks for contamination. G. At least ten (10) business days prior to demolition, the Contractor or his designated subcontractor will complete a National Emission Standard for Hazardous Air Pollutants (NESHAP) asbestos notification form. Deliver the completed forms by hand or certified mail to the following agencies: Original to: Department of Environmental Protection Bureau of Air Quality 2600 Blair Stone Road Tallahassee, FL 32399 Attention: State Asbestos Coordinator Copy to: Department of Health Palm Beach County Public Health Unit 800 N. Clematis Street West Palm Beach, FL 33401 Attention: Asbestos Coordinator Palm Beach County Risk Management 100 Australian Ave., Suite 200 West Palm Beach, FL 33406 H. Contractor must wait ten (10) days from the postmarked date of mailing to commence demolition. Any modifications of this information require notification to the above agencies by telephone, followed by a written revision to the "Notification" form. 2 PART 2 PRODUCTS 2.1 FILL MATERIALS A. Fill Material: Type S1 fill, specified in Section 02060 AGGREGATE MATERIALS. ATTACHMENT D BID NO. 019-2821-19/IT 716 January 2013 02221 - 3 Building Demolition 3 PART 3 EXECUTION 3.1 PREPARATION A. Provide, erect, and maintain temporary barriers and security devices. B. Protect existing landscaping materials, appurtenances, structures and site improvements that are not to be demolished. C. Prevent movement or settlement of adjacent structures. Provide bracing and shoring. D. Mark location of utilities. 3.2 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent occupancies. B. Cease operations immediately if adjacent structures appear to be in danger. Notify authority having jurisdiction. Do not resume operations until directed. C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. D. Obtain written permission from adjacent property owners when demolition equipment will traverse, infringe upon or limit access to their property. E. Sprinkle Work with water to minimize dust. Provide hoses and water connections for this purpose. 3.3 DEMOLITION A. Disconnect remove and cap and identify designated utilities within demolition areas. B. Remove foundation walls and footings to a minimum of four (4) feet below finished grade beyond area of new construction. C. Remove concrete slabs on grade. D. Use of explosives will not be permitted. ATTACHMENT D BID NO. 019-2821-19/IT 717 January 2013 02221 - 4 Building Demolition E. Empty buried tanks located within demolition area. Remove buried tanks, components, and piping from site. F. Remove materials to be re-installed or retained in manner to prevent damage. Store and protect in accordance with City requirements. G. Backfill areas excavated caused as a result of demolition, in accordance with Section 02324 BACKFILL. H. Rough grade and compact areas affected by demolition to maintain site grades and contours. I. Remove demolished materials from site. J. Do not burn or bury materials on site. Leave site in clean condition. K. Remove temporary work. 3.4 SCHEDULES A. Provide a schedule when known items are to be turned over to the Owner, salvaged and reused in construction later, or is destined for other use. List known items considered relics or antiques, for retention by Owner. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 718 Boynton Beach Utilities – April 2018 02230 - 1 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, latest edition, 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. ***************************************************************** 1 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. ATTACHMENT D BID NO. 019-2821-19/IT 719 Boynton Beach Utilities – April 2018 02230 - 2 Site Clearing 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. 2 PART 2 PRODUCTS Not used. 3 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. ATTACHMENT D BID NO. 019-2821-19/IT 720 Boynton Beach Utilities – April 2018 02230 - 3 Site Clearing D. Apply herbicide to remaining stumps to inhibit growth. 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. Excavate 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 ATTACHMENT D BID NO. 019-2821-19/IT 721 Boynton Beach Utilities – April 2018 02270-1 Sedimentation and Erosion Control SECTION 02270 SEDIMENTATION AND EROSION CONTROL 1 PART 1 GENERAL 1.1 DESCRIPTION A. Furnish all labor, materials, equipment and incidentals required and perform all installation, maintenance, removal and area cleanup related to erosion and sedimentation control work as shown on the Drawings and as specified herein. The work shall include, but not necessarily be limited to; installation of temporary access ways and staging areas, silt fences, stone filter boxes, stone filter berms, sediment removal and disposal, device maintenance, removal of temporary devices, temporary mulching, excelsior matting installation and final cleanup. CONTRACTOR is responsible for providing effective temporary erosion and sediment control measures during construction or until final controls become effective. 1.2 RELATED WORK A. Section SC01110 – Environmental Protection Procedures B. Section SC01568 – Temporary Erosion and Sedimentation Control C. Section SC01340 - Shop Drawings, Work Drawings, and Samples D. Section 02300 - Earthwork E. Section 02924 - Seed, Mulch and Fertilizer F. Section 02925 - Sodding 1.3 SUBMITTALS A. Submit, in accordance with Section SC01340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES, within 10 days after award of Contract, technical product literature for all commercial products, including straw mulch tackifier, to be used for erosion and sedimentation control. ATTACHMENT D BID NO. 019-2821-19/IT 722 Boynton Beach Utilities – April 2018 02270-2 Sedimentation and Erosion Control 1.4 QUALITY ASSURANCE A. Be responsible for the timely installation and maintenance of all sedimentation control devices necessary to prevent the movement of sediment from the construction site to off site areas or into the stream system via surface runoff or underground drainage systems. Measures in addition to those shown on the Drawings necessary to prevent the movement of sediment off site shall be installed, maintained, removed, and cleaned up at the expense of the CONTRACTOR. No additional charges to the OWNER will be considered. B. Sedimentation and erosion control measures shall conform to the requirements outlined in the drawings and in The Florida Development Manual. 1.5 UNIT PRICE - MEASUREMENT AND PAYMENT A. The Lump Sum item for NPDES Compliance shall include all Sediment and Erosion Control efforts included in this section with measurement and payment in accordance with Section SC01025 - MEASUREMENT AND PAYMENT. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Crushed stone for sediment filtration devices, access ways and staging areas shall conform to FDOT "Standards and Specifications for Highway and Bridges". B. Berm structural stone shall be rip-rap as follows: 1. Rip-rap shall be sound, durable rock which is roughly rectangular shape and of suitable quality to insure permanence in the condition in which it is to be used. Rounded stones, boulders, sandstone or similar soft stone will not be acceptable. Material shall be free from overburden, spoil, shale and organic material, meet the ENGINEER's approval and be well graded within the following limits: Weight of Stone Percent Finer by Weight 40 lb 100 12 lb 50 3 lb 0 ATTACHMENT D BID NO. 019-2821-19/IT 723 Boynton Beach Utilities – April 2018 02270-3 Sedimentation and Erosion Control C. Sediment Fence 1. Sediment fence shall be a prefabricated commercial product made of a woven, polypropylene, ultraviolet resistant material such as “Envirofence” by Mirafi Inc., Charlotte, NC or equal. D. 1/4-in woven wire mesh for filter boxes shall be galvanized steel or hardware cloth. E. Straw mulch shall be utilized on all newly graded areas to protect areas against washouts and erosion. Straw mulch shall be comprised of threshed straw of oats, wheat, barley, or rye that is free from noxious weeds, mold or other objectionable material. The straw mulch shall contain at least 50 percent by weight of material to be 10-in or longer. Straw shall be in an air-dry condition and suitable for placement with blower equipment. F. Latex acrylic copolymer, or organic tackifier shall be a commercial product specifically manufactured for use as straw mulch tackifier. G. An asphalt tackifier shall only be used when temperatures are too low to allow the use of a latex acrylic copolymer and only with prior written approval from the Project Manager and Engineer. H. Erosion control blanket shall be installed in all seeded drainage swales and ditches as shown on the Drawings or as directed by the ENGINEER. Erosion control blanket shall be 100 percent agricultural straw matrix stitch bonded with degradable thread between two photodegradable polypropylene nettings, such as Model S150 Double Net Short-Term Blanket (10 months) by North American Green, Evansville, IN or equal. 3 PART 3 EXECUTION 3.1 INSTALLATION A. Sediment Fence Installation 1. Sediment fences shall be positioned as indicated on the Drawings and as necessary to prevent off site movement of sediment produced by construction activities as directed by the Project Manager and Engineer. 2. Dig trench approximately 6-in wide and 6-in deep along proposed fence lines. ATTACHMENT D BID NO. 019-2821-19/IT 724 Boynton Beach Utilities – April 2018 02270-4 Sedimentation and Erosion Control 3. Drive stakes, 8-ft on center (maximum) at back edge of trenches. Stakes shall be driven 2-ft (minimum) into ground. 4. Hang filter fabric on posts carrying to bottom of trench with about 4-in of fabric laid across bottom of trench. Stretch fabric fairly taut along fence length and maintain secure both ways. 5. Backfill trench with excavated material and tamp. 6. Install pre-fabricated silt fence according to manufacturer's instructions. B. Construct filter boxes as detailed on the Drawings, from 1/4-in woven wire mesh or hardware cloth and wood. Fill with crushed stone and place over all drop inlets and manholes to storm drain system as each inlet is completed. This should be done prior to setting casting, if there is a delay between installation of inlet structures or drain manholes and setting of castings. An alternate method is to ring each inlet with a sediment fence. C. Stone Filter Berm Installation 1. Place berm structural stone across channel just below lower sandbag wall at work area. Face upstream side of structural berm with crushed stone. D. Staging areas and access ways shall be surfaced with a minimum depth of 4-in of crushed stone. 3.2 MAINTENANCE AND INSPECTIONS A. Inspections 1. The CONTRACTOR shall make a visual inspection of all erosion and sedimentation control devices once per week and promptly after every rainstorm. If such inspection reveals that additional measures are needed to prevent movement of sediment to offsite areas, promptly install additional devices as needed. Sediment controls in need of maintenance shall be repaired promptly. B. Device Maintenance 1. Sediment Fences ATTACHMENT D BID NO. 019-2821-19/IT 725 Boynton Beach Utilities – April 2018 02270-5 Sedimentation and Erosion Control a. Remove accumulated sediment once it builds up to 1/2 of the height of the fabric. b. Replace damaged fabric, or patch with a 2-ft minimum overlap. c. Make other repairs as necessary to ensure that the fence is filtering all runoff directed to the fence. 2. Filter Boxes a. Replace crushed stone when it becomes saturated with silt. 3. Stone Filter Berm a. Muck out trapped silt from dewatering operations when it has built up to within 6-in of the top of the berm. b. Replace crushed stone filter when saturated with silt. 4. Add crushed stone to access ways and staging area as necessary to maintain a firm surface free of ruts and mudholes. 3.3 TEMPORARY MULCHING A. Apply temporary mulch to areas where rough grading has been completed but final grading is not anticipated to begin within 30 days of the completion of rough grading. B. Straw mulch shall be applied at rate of 100 lbs/1000 sq ft and tackified with latex acrylic copolymer at a rate and diluted in a ratio per manufacturer’s instructions. 3.4 EROSION CONTROL BLANKETS A. Erosion control blankets shall be installed in all seeded drainage swales and ditches as shown on the Drawings and as directed by the Project Manager and Engineer in accordance with manufacturer's instructions. The area to be covered shall be properly prepared, fertilized and seeded with permanent vegetation before the blanket is applied. When the blanket is unrolled, the netting shall be on top and the fibers in contact with the soil over the entire area. The blankets shall be applied in the direction of water flow and stapled. Blankets shall be placed a minimum of three rows (of 4-ft) wide (total approx. 12-ft width) within the drainage swale/ditch and stapled together in accordance with manufacturer's instructions. Side overlaps shall be 4-in ATTACHMENT D BID NO. 019-2821-19/IT 726 Boynton Beach Utilities – April 2018 02270-6 Sedimentation and Erosion Control minimum. The staples shall be made of wire, .091-in in diameter or greater, "U" shaped with legs 10-in in length and a 1-1/2-in crown. Commercial biodegradable stakes may also be used with prior approval by the Project Manager and Engineer. The staples shall be driven vertically into the ground, spaced approximately two linear feet apart, on each side, and one row in the center alternately spaced between each size. Upper and lower ends of the matting shall be buried to a depth of 4-in in a trench. Erosion stops shall be created every 25-ft by making a fold in the fabric and carrying the fold into a silt trench across the full width of the blanket. The bottom of the fold shall be 4-in below the ground surface. Staple on both sides of fold. Where the matting must be cut or more than one roll length is required in the swale, turn down upper end of downstream roll into a slit trench to a depth of 4-in. Overlap lower end of upstream roll 4-in past edge of downstream roll and staple. 1. To ensure full contact with soil surface, roll matting with a roller weighing 100 lbs/ft of width perpendicular to flow direction after seeding, placing matting and stapling. Thoroughly inspect channel after completion. Correct any areas where matting does not present a smooth surface in full contact with the soil below. 3.6 PERFORMANCE A. Should any of the temporary erosion and sediment control measures employed by the Contractor fail to produce results which comply with the requirements of the State of Florida or the Federal Government, Contractor shall immediately take whatever steps are necessary to correct the deficiency at his own expense. 3.5 REMOVAL AND FINAL CLEANUP A. Once the site has been fully stabilized against erosion, remove sediment control devices and all accumulated silt. Dispose of silt and waste materials in proper manner. Re- grade all areas disturbed during this process and stabilize against erosion with surfacing materials as indicated on the Drawings. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 727 Boynton Beach Utilities – April 2018 02300 - 1 Earthwork SECTION 02300 EARTHWORK ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02300) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 110 - Clearing and Grubbing  Section 120 - Excavation and Embankment In the event that this technical specification (02300) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Soil Materials B. Execution C. Examination D. Preparation E. Project Conditions F. Excavation G. Placement and Compaction H. Frequency of Tests I. Finish / Final Grading J. Protection of Finished Work K. Layout and As-Built Survey ATTACHMENT D BID NO. 019-2821-19/IT 728 Boynton Beach Utilities – April 2018 02300 - 2 Earthwork ATTACHMENT D BID NO. 019-2821-19/IT 729 Boynton Beach Utilities – April 2018 02300 - 3 Earthwork 1.2 RELATED SECTIONS A. Section SC01010 – Summary of Project B. Section SC01025 - Measurement and Payment C.Section SC01400 - Quality Requirements D. Section SC01700 – Contract Closeout 1.3 REFERENCES A.AASHTO T180 - Standard Specification for Moisture- Density Relations of Soils using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in) Drop. B.ASTM D1556 - Standard Test Method for Density of Soil in Place by the Sand-Cone Method. C.ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (6,000 ft-lbf/ft3 (2,700 kN-m/m3)). D. ASTM D2922 - Standard Test Method for Density of Soil and Soil Aggregate in Place by Nuclear Methods (Shallow Depth). E. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Refer to Section SC01025 - MEASUREMENT AND PAYMENT Material that is excavated for the purpose of installing water mains and service connections, force mains, sanitary sewers and laterals or storm drainage piping and their associated public manholes and structures and then reused as bedding and/or backfill material are not subject to this UNIT PRICE - MEASUREMENT AND PAYMENT provision. This backfill material shall be considered as incidental to the item installation. 1.5 SUBMITTALS A. As specified in Part 2 below. ATTACHMENT D BID NO. 019-2821-19/IT 730 Boynton Beach Utilities – April 2018 02300 - 4 Earthwork 2 PART 2 PRODUCTS 2.1 SOIL MATERIALS A.All fill material shall be approved by the Project Manager and Engineer. Contractor shall notify the Project Manager and Engineer 1 week in advance of providing imported material, shall provide a 1 cubic yard sample and the results of a signed and sealed proctor test for the material. B.Satisfactory soil materials are defined as those complying with ASTM D2487 soil classification groups GW, GP, GM, SM, SW, and SP. C.Unsatisfactory soil materials are defined as those complying with ASTM D2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT. D.Coarse Aggregate shall conform to FDOT Specification 901 with the exception that slag or crushed slag shall not be used. Stone size shall be No. 57. E. Fine Aggregate shall conform to FDOT Specification 902. F.Subbase, Backfill, and Fill Materials: Satisfactory soil materials free of clay, debris, waste, vegetation, rock or gravel larger than 2 inches in any dimension, and other deleterious matter. 2.2 ACCESSORIES A.Geotextile Fabric: Non-biodegradable, woven per FDOT specification Section 514. 3 PART 3 EXECUTION 3.1 FIELD QA/QC A.Verify that survey benchmark and intended elevations for the Work are as indicated. 3.2 PREPARATION A. Identify required lines, levels, contours, and datum. B.Locate, identify (stake and flag), and protect utilities that remain, from damage. ATTACHMENT D BID NO. 019-2821-19/IT 731 Boynton Beach Utilities – April 2018 02300 - 5 Earthwork C.Notify utility owner to remove and/or relocate utilities if required and not part of the project. D.Protect bench marks, survey control point, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. 3.3 PROJECT CONDITIONS A.Site Information: Subsurface soil investigation report (if performed) will be made available for review. Data on indicated subsurface conditions is not intended as representative or a warranty of accuracy or continuity between soil borings. It is expressly understood that Owner will not be responsible for interpretations or conclusions drawn there from by Contractor. Data is made available only for convenience of Contractor. Additional test borings and other exploratory operations may be performed by Contractor, at the Contractor's option; however, no change in the Contract Sum will be authorized for such additional exploration. B.Existing Utilities: Locate existing underground utilities in areas of excavation work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult with Project Manager and utility owner (ex. Bell South, FPL, FPUC, Comcast) or Sunshine State One Call immediately for directions. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project As-Builts with vertical and horizontal coordinates. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. Do not interrupt existing utility services except when permitted in writing by Project Manager and then only after acceptable temporary utility services have been provided. ATTACHMENT D BID NO. 019-2821-19/IT 732 Boynton Beach Utilities – April 2018 02300 - 6 Earthwork C. Use of Explosives: Use of explosives is not permitted. D.Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. Perform excavation by hand within drip line of large trees to remain. Protect root systems from damage or dry out to the greatest extent possible. Maintain moist condition for root system and cover exposed roots with moistened burlap. 3.4 EXCAVATION A.Excavation is unclassified and includes excavation to subgrade elevation indicated, regardless of character of materials and obstructions encountered. 3.5 PLACEMENT AND COMPACTION A.Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density, in accordance with AASHTO T-180 specifications or ASTM D1557: Structures, (10' outside building lines) Building Slabs and Steps: Compact top 24 inches of subgrade and each layer of backfill or fill material to 98% of the modified proctor maximum dry density. Pavements: Compact top 12" of subgrade and each layer of backfill or fill material to 98% of the modified proctor maximum dry density. Lawn or Unpaved Areas: Compact top 6 inches of subgrade and each layer of backfill or fill material to 95% of the modified proctor maximum dry density. Walkways: Compact top 6 inches of subgrade and each layer of backfill or fill material to 95% of the modified proctor maximum dry density. ATTACHMENT D BID NO. 019-2821-19/IT 733 Boynton Beach Utilities – April 2018 02300 - 7 Earthwork 3.6 FREQUENCY OF TESTS A. Berms: Every 200 feet per lift. B.Swales: For areas that have been built-up and a swale cut-in every 200 feet; otherwise, density testing of swales cut-in to existing ground does not require density testing. C.Proof roll compacted fill surfaces under slabs-on- grade, pavers, paving, and other appurtenances as required. D. The Contractor is to “map” all density test results on the Record Drawings on each day when field tests are performed. Contractor’s testing laboratory shall leave a copy of the day’s density testing results on site. E. Contractor is to instruct their Testing Lab to copy the Project Manager on all Test Reports. 3.7 FINAL AND FINISH GRADING A.Final grading shall be performed and the grades shaped to match existing. Except as otherwise indicated or specified, finish grades shall be flush with the edges of existing paving, etc. Excess materials not utilized for final and finish grading shall be removed from the site and disposed of off site at suitable and appropriate disposal areas. B.Upon project completion all areas of the site limits and adjacent areas affected by the project shall be completely cleaned of all debris. 3.8 PROTECTION OF FINISHED WORK A.Reshape and re-compact fills subjected to vehicular traffic. B.Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density prior to further construction. C.Settling: Where settling is measurable or observable at excavated areas during general project warranty period, remove surface (pavement, lawn, or other finish), add backfill material, compact, and replace ATTACHMENT D BID NO. 019-2821-19/IT 734 Boynton Beach Utilities – April 2018 02300 - 8 Earthwork surface treatment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 3.9 LAYOUT AND "AS BUILT" SURVEY A. Tolerances: 1. Top surface of backfill for site clearing and general earthwork shall be plus or minus 0.10 foot from required elevations. 2. Top surface of berms or other stormwater containment earthworks shall be plus 0.10, minus 0.00 foot of the required elevations. B. Layout for all construction improvements, paved and surface areas and other appurtenances to be constructed shall be performed by Contractor in strict accordance with drawings and work performed shall ensure true lines, angles, and elevations. All angles, lines, grades, and elevations shall be thoroughly checked by Contractor. C. Upon completion of placement of construction improvement, paved and surfaced areas, the Contractor shall provide Owner and Engineer with a complete and accurate "As-Built" Survey. A surveyor registered in State of Florida shall perform “As-Built” Survey. "As- Built" Survey shall indicate exact horizontal and vertical location (relative to property lines and N.G.V.D.) of buildings, concrete and asphalt surfaces and all drainage features including lakes, detention areas, berms, embankments, and swales. All of the spot elevations shown on the paving and drainage plans shall be measured and the individual "As-Built" grades shall be included on the "As-Built" Survey. D. Additionally, where grading between any two elevations on the plan has not been constructed at a uniform slope, then sufficient "As-Built" information shall be included to provide a true representation of the constructed grading conditions. In addition to the information outlined above, the "As-Built" Survey shall include cross section elevations at 50-foot stations of all swales, lakes, roadways and drainage retention area (including banks, berms, bottom and transitions) constructed or improved. All elevations shown on the ATTACHMENT D BID NO. 019-2821-19/IT 735 Boynton Beach Utilities – April 2018 02300 - 9 Earthwork "As-Built" Survey shall be accurate to the nearest hundredth of a foot. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 736 Boynton Beach Utilities – April 2018 02320 - 1 Trenching And Excavation SECTION 02320 TRENCHING AND EXCAVATION ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02320) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: Section 120 - Excavating and Embankment Section 125 - Excavation for Structures and Pipe Section 160 - Stabilizing Section 514 - Plastic Filter Fabric (Geotextile) In the event that this technical specification (02320) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Definitions B. Field Measurements C. Fill Materials D. Preparation E. Dewatering and Drainage F. Excavation G. OSHA Safety Compliance H. Field Quality Control I. Pavement Removal and Replacement ATTACHMENT D BID NO. 019-2821-19/IT 737 Boynton Beach Utilities – April 2018 02320 - 2 Trenching And Excavation 1.2 RELATED SECTIONS A. Section SC01010 – Summary of Project B. Section SC01025 - Measurement and Payment C. Section SC01400 - Quality Requirements D. Section 02300 – Earthwork E. Section 02322 – Dewatering and Drainage F. Section 02324 - Backfill G. Section 02740 – Subgrade, Base Course and Asphalt 1.3 REFERENCES A. AASHTO T180 - Standard Specification for Moisture- Density Relations of Soils Using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in) Drop B. ASTM C136 - Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates C. ASTM D1556 - Standard Test Method for Density of Soil in Place by the Sand-Cone Method D. ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort [6,000 ft-lbf/ft3 (2,700 kN-m/m3)] E. ASTM D2321 – Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications F. ASTM D2922 - Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) G. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Unit pricing will only be considered for special trenching requirements not associated with utility installations. If required and as approved by Project ATTACHMENT D BID NO. 019-2821-19/IT 738 Boynton Beach Utilities – April 2018 02320 - 3 Trenching And Excavation Manager, a Change Order will be issued to authorize payment to the Contractor for special trenching. 1.5 SUBMITTALS Not used. 1.6 DEFINITIONS A. Excavation consists of removal of material encountered to subgrade elevations indicated and subsequent disposal or reuse of materials removed. B. Additional Excavation: If the Engineer believes that the existing soil at subgrade will not support the planned construction, the Engineer may order additional excavation and replacement of the unsuitable material with select material. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be at Contractor's expense. Under footings, foundation bases, or retaining walls, fill unauthorized excavation by extending indicated bottom elevation of footing or base to excavation bottom, without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position, when acceptable to Engineer. In locations other than those above, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Engineer. D. Subgrade: The undisturbed earth or the compacted soil layer immediately below granular subbase, drainage fill, or topsoil materials. E. Structure: Buildings, foundations, slabs, tanks, curbs, or other man-made stationary features occurring above or below ground surface. F. Utility: Any buried pipe, duct, conduit, cable or structure. ATTACHMENT D BID NO. 019-2821-19/IT 739 Boynton Beach Utilities – April 2018 02320 - 4 Trenching And Excavation 1.7 FIELD MEASUREMENTS A. Verify that survey benchmark, control points, and intended elevations for the Work are as shown on drawings. 2 PART 2 PRODUCTS 2.1 FILL MATERIALS A. Coarse Aggregate shall conform to FDOT Specification 901 with the exception that slag or crushed slag shall not be used. Stone size shall be No. 57. B. Fine Aggregate Type FDOT Specification for Road and Bridge Construction Section 902 C. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) shall be used in the identification, classification and acceptance of fill materials. 2.2 Concrete: Lean concrete Class 1 conforming to Section 03300 CAST-IN-PLACE CONCRETE with a compressive strength of 2,500 psi, unless otherwise noted on the construction plans. 2.3 ACCESSORIES A. Geotextile Fabric: Non-biodegradable, woven per FDOT specification Section 514. 3 PART 3 EXECUTION 3.1 PROJECT CONDITIONS A. Site Information: Subsurface soils investigation report (if performed) has been included in the project bid package for information only. Data on indicated subsurface conditions is not intended as representative or a warranty of accuracy or continuity between soil borings. It is expressly understood that Owner will not be responsible for interpretations or conclusions drawn by Contractor from the soils investigation report. Data is made available only for convenience of Contractor. Additional test borings and other exploratory operations may be performed by Contractor, at the ATTACHMENT D BID NO. 019-2821-19/IT 740 Boynton Beach Utilities – April 2018 02320 - 5 Trenching And Excavation Contractor's option; however, no change in the Contract Sum will be authorized for such additional exploration. B. Existing Utilities: Locate existing underground utilities in areas of excavation work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult with Project Manager and utility owner (ex. Bell South, FPL, FPUC, Comcast) or Sunshine State One Call immediately for directions. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project Record Drawings with vertical and horizontal coordinates. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. Do not interrupt existing utility services except when permitted in writing by Project Manager and then only after acceptable temporary utility services have been provided. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. D. Use of explosives is not permitted. 3.2 PREPARATION A. Identify required lines, levels, contours, and datum locations. B. Protect plant life, lawns, rock outcropping and other features remaining as a portion of final landscaping. C. Protect benchmarks, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. D. Maintain and protect above and below grade utilities that are to remain. ATTACHMENT D BID NO. 019-2821-19/IT 741 Boynton Beach Utilities – April 2018 02320 - 6 Trenching And Excavation E. Cut out soft areas of subgrade not capable of compaction in place. Backfill with approved materials as specified in Part 2 above. F. Dewatering, when and where required due to the groundwater elevation relative to the bottom of the excavation or subgrade (in the case of roadway construction) shall be performed in accordance with Section 02322 DEWATERING AND DRAINAGE. 3.3 EXCAVATION A. Prior to commencement of trenching and/or excavation, the Contractor shall physically locate all underground utilities as shown on the project construction drawings or as marked by Sunshine One Call or the underground utility Owners. This information shall be provided to the Project Manager prior to trenching and excavation. B. Perform all excavation to depths indicated or as specified. During excavation, pile material suitable for backfilling in an orderly manner a sufficient distance from banks of trench to avoid overloading and to prevent slides or cave-ins. Unsuitable backfill material shall be identified and segregated from suitable backfill material and shall be removed from the project site by the Contractor at no expense to the Owner. C. The bottom of the excavations shall be firm and dry and in all respects acceptable to the Project Manager and Engineer. D. Excavation and dewatering shall be accomplished by methods which preserve the undisturbed state of subgrade soils. The trench may be excavated by machinery to, or just below the designated subgrade, provided that material remaining in the bottom of the trench is no more than slightly disturbed. Subgrade soils which become soft, loose, "quick", or otherwise unsatisfactory as a result of inadequate excavation, dewatering or other construction methods shall be removed and replaced by screened gravel fill as required by the Project Manager and Engineer at the Contractor's expense. E. The length of open trench shall be related closely to the rate of pipe lay. Accurately grade bottom of excavations to provide uniform bearing and support for ATTACHMENT D BID NO. 019-2821-19/IT 742 Boynton Beach Utilities – April 2018 02320 - 7 Trenching And Excavation the item being installed on undisturbed soil at every point along its entire load bearing sections, except for portions of pipe sections where it is necessary to excavate for bell holes and for proper sealing of pipe joints. F. Where pipe is to be laid directly on the trench bottom, final excavation at the bottom of the trench shall be performed manually, providing a flat bottom true to grade upon undisturbed or slightly disturbed material. G. Grade area to prevent surface water from flowing into trenches or other excavations, and remove any water accumulating therein by pumping or by other approved methods. H. Correct areas over excavated in accordance with Section 02300 EARTHWORK or Section 02324 BACKFILL. I. Where encountered in trench bed, rock shall be excavated to a depth of 1/4 of the pipe diameter below the bottom of the pipe but in no case less than 4 inches. All undercut excavations shall be backfilled and tamped with materials as specified in accordance with Section 02300 EARTHWORK or Section 02324 BACKFILL. J. Dig bell holes and depressions for joints after trench bottom has been graded and only of such length, depth, and width as required for properly making particular type of joint, so that pipe rests on prepared bottom for as nearly to its full length as practicable. K. Were wet or unstable soil that is incapable of properly supporting pipe, as determined by Project Manager and Engineer, is encountered in the bottom of trench, the trench bottom shall be excavated to a depth of at least two feet below the specified trench bottom. Place filter fabric in the bottom of the trench and support the filter fabric along the trench walls until the trench stabilization has been placed to the proper grade. The ends of the filter fabric shall be overlapped prior to placing the pipe. L. For Public Water Distribution Systems, Force Mains, Sanitary Sewers and Storm Drainage: Provide width of trench, at and below top of the pipe, with a clear space between barrel of pipe and trench wall as required by the pipe manufacturer recommendations. As a minimum, the distance between the pipe barrel and the trench wall shall not be less than 24-inches on both ATTACHMENT D BID NO. 019-2821-19/IT 743 Boynton Beach Utilities – April 2018 02320 - 8 Trenching And Excavation sides. This spacing does not apply to exfiltration trenches and the exfiltration trench width shall be as shown on the project construction drawings. The pipe shall rest firmly on undisturbed soil or pipe bedding material for as nearly to the full length of barrel as proper jointing operations will permit. M. Electrical Ducts or Cables: Provide trenches for cables or duct of a depth that will provide not less than 2 feet of cover below finished grade. Cut trenches for cables to an over depth of not less than 3 inches. Use select backfill material for not less than 3 inches bedding and 3 inches backfill over cable. N. Excavation for Appurtenances: Make sufficient excavation for manholes and similar structures to leave at least 18-inches of clearance between their outer surfaces and embankment or timber which may be used to hold and protect banks. Consider any over depth excavation below such appurtenances that has not been directed by Project Manager or Engineer as unauthorized and fill with sand, gravel, or concrete as directed by the Project Manager or Engineer and at expense of Contractor. O. Do not interfere with 45° bearing splay of foundations. P. Excavations shall not be left open overnight. 3.4 DISPOSAL OF MATERIALS A. Excavated material shall be stacked without excessive surcharge on the trench bank or obstructing free access to hydrants and gate valves. Inconvenience to traffic and adjacent property owners/users shall be avoided as much as possible. Excavated material shall be segregated for use in backfilling as specified below. B. It is expressly understood that no excavated material shall be removed from the site of the work or disposed of, except as directed by the Project Manager and Engineer. When removal of surplus materials has been approved by the Project Manager and Engineer, dispose of such surplus material in approved designated areas. C. Should conditions make it impracticable or unsafe to stack material adjacent to the trench, the material shall be hauled and stored at a location provided. When required, it shall be re-handled and used in backfilling the trench. ATTACHMENT D BID NO. 019-2821-19/IT 744 Boynton Beach Utilities – April 2018 02320 - 9 Trenching And Excavation 3.5 OSHA SAFETY COMPLIANCE A. Description: The use of trench box or other approved means to comply with the Florida Trench Safety Act (Chapter 90-96, Laws of Florida), and OSHA Trench Safety Standards, shall be used where excavation exceeds 5 feet in depth. CS/HB 3183 called for the OSHA revised excavation safety standards (29 C.F.R. S 1926.650, Subpart P) to be the safety standards for work under this section. B. Requirements: The Contract bid submitted by the Contractor who will perform such excavation shall include: 1. A reference to the trench safety standards that will be in effect during the period of construction. 2. Written assurance that such Contractor will comply with the applicable trench safety standards. 3. A unit price quotation on the appropriate line item identifying the cost of compliance (as established in the Summary of Bid Items). 4. Slope slides of excavations to comply with local codes, ordinances, and requirements of agencies having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. Maintain sides and slopes of excavations in safe condition until completion of backfilling. C. Execution by Contractor 1. The Contractor performing trench excavation shall, as a minimum, comply with the excavation safety standards, which are applicable to this project. 2. Adhere to any special shoring requirements, if any, of the State or other political subdivisions, which may be applicable to such a project. 3. The Contractor shall consider all geotechnical information, including his own site investigation, in his design of the trench safety system he will employ on the project. The Contractor shall ATTACHMENT D BID NO. 019-2821-19/IT 745 Boynton Beach Utilities – April 2018 02320 - 10 Trenching And Excavation submit his design to the Project Manager at the Pre-Construction Conference. 4. Trenches and excavations shall not be left open overnight without the written authorization of the Project Manager. All trenches and excavations within 6-feet of the edge of roadway shall be backfilled and properly compacted or trench-plated by the Contractor. In either case, the Contractor shall place type II lighted barricades and snow fence around the trench/excavation at the end of each working day. 5. Trenches or excavations that reduce the roadway or travel lane width shall be backfilled with suitable sub-grade material and road rock. If the temporary reinstatement is to be in place longer than 48 hours, the roadway shall backfilled and trench-plated by the Contractor. In either case, the Contractor shall place type II lighted barricades adjacent to the roadway impact area(s). 3.6 SHEETING AND BRACING A. The Contractor shall provide all trench and structural bracing, sheeting, or shoring necessary to construct and protect the excavation, existing utilities, structures and private property of all types and as required for the safety of the employees. Sheeting shall be removed during backfilling operations. Removal of shoring for structures shall be done in such a manner as not to disturb or mar finished masonry or concrete surfaces. B. When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and backfill. C. When installing pipe, trench boxes, moveable sheeting, shoring or plates that extend below the mid diameter of the pipe shall be raised to the mid diameter of the pipe before they are moved forward or removed from the excavation. As trench boxes, moveable sheeting, shoring or plates are raised and moved, suitable backfill material shall be placed to fill any voids created and the backfill shall be re-compacted and density tested to provide and confirm uniform side ATTACHMENT D BID NO. 019-2821-19/IT 746 Boynton Beach Utilities – April 2018 02320 - 11 Trenching And Excavation support for the pipe. Refer to Section 02324 BACKFILL for additional information and requirements. D. The cost for use of trench boxes and/or steel sheeting will be included in the bid items for pipe and structures and shall include full compensation for driving, bracing and later removal of sheeting. E. All sheeting and bracing shall be carefully removed in such manner as not to endanger the construction of other structures, utilities, or property, whether public or private. All voids left after withdrawal of sheeting and/or bracing shall be immediately refilled with suitable backfill materials by ramming with tools especially adapted to that purpose. Compaction and density verification testing is required. 3.7 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 his proposed work), to determine possible conflicts. By starting underground constructions, the Contractor has agreed that they are 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 his work. C. Existing structures reflect the best available information, but it shall be the Contractor's responsibility to acquaint him with all information and to avoid conflict with existing conditions. 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: Repair damaged lines that are not shown on drawings, or locations of ATTACHMENT D BID NO. 019-2821-19/IT 747 Boynton Beach Utilities – April 2018 02320 - 12 Trenching And Excavation 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. 3.8 BACKFILL A. Refer to Section 02324 BACKFILL for backfill, compaction and density testing requirements. 3.9 FIELD QUALITY CONTROL A. Section SC01400 QUALITY REQUIREMENTS. B. Compaction testing will be performed in accordance with ASTM D1556 or AASHTO T180. C. If tests indicate Work does not meet specified requirements, remove Work, replace, compact, and retest. Refer to Section SC01025 MEASUREMENT AND PAYMENT. D. Frequency of Density Tests: Refer to Section 02324 BACKFILL. 3.10 PROTECTION OF FINISHED WORK A. Maintain the elevations and contours of berms, ponds and embankments during construction. B. Reshape and re-compact fills subjected to vehicular traffic during construction. 3.11 PAVEMENT, REMOVAL, AND REPLACEMENT A. Removal: Where it is necessary to cut existing pavement, curbs, gutters, make saw cut with neat, parallel straight lines, at least 2 feet wider than trench width on each side of trench; approved dust control measures shall be implemented by the Contractor when cutting roadways and curbs. ATTACHMENT D BID NO. 019-2821-19/IT 748 Boynton Beach Utilities – April 2018 02320 - 13 Trenching And Excavation B. Replacement: Replace pavement, curbs and gutters, and sidewalks to same cross section as original, except when otherwise detailed on the project construction drawings, using materials same as original construction. Replace no pavement until trench has been backfilled, compacted and accepted as specified herein. C. Temporary Surfaces: For temporary road surface, use temporary asphalt (preferred) or crushed stone (to be watered at least 3 times a day including weekends), as approved. One-way traffic must be maintained at all times and street must be fully opened to traffic as quickly as possible. The temporary surface or permanent pavement shall be placed no later than 2 days after the trench backfilling. Completely remove temporary materials and dispose when permanent pavement is replaced. * SPECIAL NOTE: The Owner retains the option to utilize up to 20% of the excess material from excavation and trenching operations. If the Owner exercises this option, Contractor shall stockpile the excess material and deliver to the Owner’s facility as directed by the Project Manager. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 749 January 2013 02322 - 1 Dewatering and Drainage SECTION 02322 DEWATERING AND DRAINAGE ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02322) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 120 - Excavating and Embankment  Section 125 - Excavation for Structures and Pipe  Section 160 - Stabilizing  Section 514 - Plastic Filter Fabric (Geotextile) In the event that this technical specification (02322) 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. ****************************************************************** 1 PART 1 GENERAL 1.1 STATUTORY REQUIREMENTS A. Contractor is responsible to obtain and pay for all permits required for temporary dewatering and drainage systems as required by the appropriate authorities having jurisdiction over the work. B. Original permits shall be prominently displayed on the site prior to constructing dewatering and drainage systems. 1.2 SCOPE OF WORK A. Furnish, install, operate, monitor, maintain and remove temporary dewatering and drainage systems as required and lower and maintain groundwater levels a minimum of 2 feet below sub-grades of excavations. Continuously maintain excavations free of water, regardless of source, and until backfilled to final grade. Prevent surface water runoff from entering or accumulating in excavations. ATTACHMENT D BID NO. 019-2821-19/IT 750 January 2013 02322 - 2 Dewatering and Drainage B. Furnish the services of a licensed professional engineer registered in the State of Florida, to prepare dewatering and drainage system designs and submittals. C. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or “on-site” retention ponds that secondarily discharge to these surface water systems. D. Repair damage caused by dewatering and drainage system operations. E. Remove temporary dewatering and drainage systems when no longer needed. Restore all disturbed areas. F. Furnish, install, monitor, maintain and remove groundwater observation wells (piezometers) as specified herein.] 1.3 RELATED SECTIONS A. The pre-design Geotechnical report is being provided for “reference only” and to provide the Contractor with the bore hole locations and general findings of subsurface materials. Refer to Section 02320 TRENCHING AND EXCAVATION for additional clarification. B. Section SC01010 – Summary of Project C. Section SC01110 – Environmental Protection Procedures D. Section SC01025 - Measurement and Payment E. Section SC01400 - Quality Requirements F. Section 02300 – Earthwork G. Section 02320 – Trenching and Excavation H. Section 02324 - Backfill ATTACHMENT D BID NO. 019-2821-19/IT 751 January 2013 02322 - 3 Dewatering and Drainage 1.4 UNIT PRICE – MEASUREMENT AND PAYMENT A. There is no unit pricing for this work and all on-site dewatering and drainage shall be considered to be incidental to the cost of the associated pay item(s). B. If identified in the Schedule of Bid Items, the cost of securing a General Water Use Permit from the South Florida Water Management District shall be reimbursed as an Allowance in accordance with Section SC01025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Submit, in accordance with Section SC01340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES the temporary dewatering and drainage system plan and design. At the discretion of the Owner, dewatering and drainage system designs shall be prepared by a licensed professional engineer, registered in the State of Florida, having a minimum of 5 years of professional experience in the design and construction of dewatering and drainage systems. The submittal will be for authorization to make formal permit application to the South Florida Water Management District for the General Water Use Permit. The Contractor shall be responsible for adequacy and safety of construction means, methods and techniques. 1.6 DEFINITIONS A. Wellpoint: A dewatering system utilizing wellpoints to extract surrounding groundwater in the area of trenching/excavating in order to maintain the operation in a dry condition for preparation of the trench bottom, for pipe laying, placement of bedding material and/or backfill, compaction and density testing. B. A dry excavation / trench: Shall be defined as the in situ soil moisture content is no more than two percentage points above the optimum moisture content for that general soil. 2 PART 2 PRODUCTS 2.1 Pump Drivers A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a “quiet- ATTACHMENT D BID NO. 019-2821-19/IT 752 January 2013 02322 - 4 Dewatering and Drainage pack” muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest “receiving” property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City’s Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor’s compliance with the City’s Noise Ordinance. 3 PART 3 EXECUTION 3.1 GENERAL A. Protection of Property - Contractor shall make an assessment for dewatering induced settlement and shall provide devices or systems, including but not limited to re-injection wells, infiltration trenches and cutoff walls, necessary to prevent damage to existing facilities, completed Work and adjacent facilities. B. Control surface water and groundwater such that excavation to final grade is made in the dry, and bearing soils are maintained undisturbed. Prevent softening, or instability of, or disturbance to, the sub-grade due to water seepage. C. Provide protection against flotation for all work. D. The impact of anticipated subsurface soil/water conditions shall be considered when selecting methods of excavation and temporary dewatering and drainage systems. Through the use of groundwater observation wells (piezometers), where groundwater levels are found not to be at least 2 feet below the proposed bottoms of excavations, a pumped dewatering system is required for pre-drainage of the soils prior to excavation and for maintenance of the lowered groundwater level until construction has been completed to such an extent that the foundation, structure, pipe, conduit, or fill will not be floated or otherwise damaged. Type of dewatering system, spacing of dewatering units and other details of the work are expected to vary with soil/water conditions at a particular location. E. Wellpoints shall not be set in such a way that undermines or jeopardizes paved areas; if the setting of wellpoints undermines or impacts paved areas, the ATTACHMENT D BID NO. 019-2821-19/IT 753 January 2013 02322 - 5 Dewatering and Drainage impacted areas shall be removed and restored equal to or better than their original condition at the expense of the Contractor. F. Pipe and conduit shall not be installed in water or allowed to be submerged prior to backfilling. Pipe and conduit which becomes submerged shall be removed and the excavation dewatered and restored to proper conditions prior to reinstalling the pipe and conduit 3.2 SURFACE WATER CONTROL A. Control surface water runoff to prevent flow into excavations. Provide temporary measures such as dikes, ditches and sumps. 3.3 GROUNDWATER OBSERVATION WELLS (PIEZOMETERS) A. Groundwater observation wells (piezometers) shall be installed for monitoring groundwater levels before and during construction / installation of pipelines, foundations and structures that are below or just above the existing groundwater table. A minimum of one well for every 100 feet of pipeline and two wells at each foundation or structure in locations accepted by the Engineer. Observation wells shall be designed and installed in such a manner as to provide an accurate and reliable indication of the groundwater levels adjacent to the pipelines, foundations and structures. B. Each observation well shall be installed in a 2½ inch diameter bore hole extending at least 4-ft below the invert of the pipeline, foundation or structure. Backfill the annular space surrounding the intake and casing with filter sand especially processed for this purpose. Cap the top of the well to prevent infiltration of surface water. C. Maintain observation wells until pipelines, foundations and structures are backfilled. Observe and record daily the groundwater elevation in each well. Furnish measurements daily to the Project Manager. Periodically verify observation well accuracy by adding water to the well and recording the drop in level from the time the water was added. Redevelop plugged observation wells to maintain accuracy and reliability of groundwater level indication. D. Excavation work shall not be performed until the readings obtained from the observation wells indicate ATTACHMENT D BID NO. 019-2821-19/IT 754 January 2013 02322 - 6 Dewatering and Drainage that the groundwater has been lowered at least 2 feet below the bottom of the sub-grade within the limits of excavation. 3.4 DISPOSAL OF DRAINAGE WATER A. All water discharged from temporary dewatering and drainage systems shall be disposed of in accordance with the sedimentation and control plans as specified in Section SC01110 ENVIRONMENTAL PROTECTION PROCEDURES. Existing or new sanitary sewer systems shall not be used to dispose of drainage without written authorization from the Project Manager. B. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or “on-site” retention ponds that secondarily discharge to these surface water systems. 3.5 DEWATERING A. All State and local permits associated with dewatering are the responsibility of the Contractor. B. Dewatering systems shall be designed to allow for localized variations in the depths of the excavations. C. Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding areas. All pumping and drainage shall be done with no damage to property or structures and without interference with the rights of the public, owners of private property, pedestrians and vehicular traffic. D. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of sub-grades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. ATTACHMENT D BID NO. 019-2821-19/IT 755 January 2013 02322 - 7 Dewatering and Drainage E. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. F. Dewatering shall be accomplished well enough in advance of excavation to ensure that groundwater is already lowered prior to completing the final excavation to finish grade. G. Lower and maintain groundwater level a minimum of two (2) feet below bottom of excavation during placement and compaction of bedding material and foundation soils and during placement and compaction of fill and back- fill material. H. Excavations for foundations and structures shall be maintained in-the-dry for a minimum of 4 days after concrete placement. In no event shall water be allowed to enter an excavation and rise to cause unbalanced pressure on foundations and structures until the concrete or mortar has set at least 24 hours. I. Dewatering and drainage operations shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the sub-grade at the bottom of the excavation. If the sub-grade becomes disturbed for any reason, the unsuitable sub- grade material shall be removed and replaced with concrete, compacted granular fill, or other approved material to restore the bearing capacity of the sub- grade to its original undisturbed condition at no additional cost to the Owner. 3.6 DAMAGE RESTORATION A. Damage restoration: The Contractor shall be responsible for any heaving, settlement and/or separation of pavement that results from the dewatering operations. A damage restoration/remediation plan will be required for review and authorization to proceed. 3.7 RESTORATION OF DEWATERING ACTIVITIES A. As the wellpoints are withdrawn, the locations of the voided areas shall immediately backfilled by jetting approved backfill material into the voids until they are completely filled. These restored wellpoint voids are subject to random density verification testing. ATTACHMENT D BID NO. 019-2821-19/IT 756 January 2013 02322 - 8 Dewatering and Drainage END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 757 Boynton Beach Utilities – April 2018 02324 - 1 Backfill SECTION 02324 BACKFILL ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02324) shall govern the applicable project work that it typically identified in the following FDOT Specification and Standard sections:  Section 125 - Excavation for Structures and Pipe  Section 514 - Plastic Filter Fabric (Geotextile) In the event that this technical specification (02324) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Materials B. Execution C. Examination D. Preparation E. Bedding F. Backfilling G. Field Quality Control H. Compaction I. Frequency of Tests ATTACHMENT D BID NO. 019-2821-19/IT 758 Boynton Beach Utilities – April 2018 02324 - 2 Backfill 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 - Quality Requirements D. Section 02060 – Aggregate Materials E. Section 02300 – Earthwork F. Section 02320 – Trenching and Excavation G. Section 02322 – Dewatering and Drainage H. Section 02371 - Riprap and Rock Lining I. Section 02740 – Subgrade, Base Course and Asphalt 1.3 REFERENCES A. AASHTO T180 - Standard Specification for Moisture- Density Relations of Soils Using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in) Drop. B. ASTM D1556 - Standard Test Method for Density of Soil in Place by the Sand-Cone Method. C. ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (6,000 ft-lbf/ft3 (2,700 kN-m/m3)). D. ASTM D2922 - Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). E. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). F. ASTM D 2487-06 – Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT ATTACHMENT D BID NO. 019-2821-19/IT 759 Boynton Beach Utilities – April 2018 02324 - 3 Backfill A. Material that is excavated for the purpose of installing water mains and service connections, force mains, sanitary sewers and laterals or storm drainage piping and their associated public manholes and structures and then reused as bedding and/or backfill material are not subject to this UNIT PRICE - MEASUREMENT AND PAYMENT provision. The use of the in- situ material as backfill material shall be considered as incidental to the item installation. B. Fill Type – Fine Aggregate : By the cubic yard. Includes excavating existing subsoil, supplying fill materials, stockpiling, scarifying substrate surface, placing where required, and compacting. C. Structural Fill Type – Course Aggregate : By the cubic yard. Includes supplying fill material, stockpiling, scarifying substrate surface, placing where required, and compacting. D. Concrete (Flowable) Fill: For “areas”, by the cubic yard, and for grout filling of abandoned pipe, by the linear foot. Includes supplying materials, forming, mixing, and placing (and curing where required). 2 PART 2 PRODUCTS 2.1 FILL MATERIALS - GENERAL A. All fill material shall be approved by the Project Manager and Engineer. Contractor shall notify the Project Manager and Engineer 1 week in advance of providing imported material, shall provide a 1 cubic yard sample and the results of a signed and sealed proctor test and material classification report for the material to the Project Manager and Engineer. B. Materials generated from the on-site excavations or imported from an off-site source may be utilized for backfill of pipeline and associated structure excavations provided the materials consist of relatively clean sands or reasonably well graded, relatively clean sand-gravel mixtures that are free of timber, roots, clods, construction demolition debris, rubbish, trash or other deleterious matter. The materials shall have a maximum size of 1 inch, have not more than 10 percent passing the US Standard No. 200 ATTACHMENT D BID NO. 019-2821-19/IT 760 Boynton Beach Utilities – April 2018 02324 - 4 Backfill Sieve and contain not more than 2 percent (by weight) of organic matter. C. Satisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GW, GP, SW, and SP. D. Unsatisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GC, GM, SC, SM, ML, MH, CL, CH, OL, OH, and PT. E. Coarse Aggregate shall conform to FDOT Specification 901 with the exception that slag or crushed slag shall not be used. Stone size shall be No. 57. F. Fine Aggregate shall conform to FDOT Specification 902. G. Subbase, Backfill, and Fill Materials: Satisfactory soil materials free of clay, debris, waste, vegetation, rock or gravel larger than 2 inches in any dimension, and other deleterious matter. 2.2 ACCESSORIES A. Geotextile Fabric: Non-biodegradable, woven per FDOT Specification Section 514. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Inspect the area to be backfilled to assure that all preceding work activities have been completed and accepted, otherwise, the Contractor will be “at risk” until the preceding work has been accepted by the Project Manager. 3.2 DEFINITION OF BACKFILL ZONES A. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 6-inches of the bottom of the pipe. B. Bedding Zone: The zone above the lowest zone is the Bedding Zone. Usually it will be backfill which is the 6-inches, or the thickness identified on the project construction drawings, of soil below the bottom of the pipe. If the bedding zone has been constructed (vs. ATTACHMENT D BID NO. 019-2821-19/IT 761 Boynton Beach Utilities – April 2018 02324 - 5 Backfill undisturbed in-situ material), the Bedding Zone shall be placed in lifts no greater than 6-inches (compacted thickness). ATTACHMENT D BID NO. 019-2821-19/IT 762 Boynton Beach Utilities – April 2018 02324 - 6 Backfill C. Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12-inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. The Cover Zone shall be placed in lifts no greater than 6- inches (compacted thickness). D. Top Zone: The Top Zone extends from 12-inches above the top of the pipe to the base or final grade. The Top Zone shall be placed in lifts no greater than 12-inches (compacted thickness). 3.3 BACKFILL FOR PIPELINES A. LOWEST ZONE 1. When over-excavation is required due to unforeseen site conditions backfill of the over-cut shall have a minimum thickness of 6-inches and shall be manually or mechanically tamped to simulate comparable density to that of the native soils. B. BEDDING ZONE 1. Excavate pipe trench in accordance with Section 02320 TRENCHING AND EXCAVATION for work of this Section. Hand trim excavation for accurate placement of pipe to elevations indicated. If a trench box is used for the installation of the piping, it shall be raised to an elevation even with the top of the pipe before the Bedding Zone materials are placed. Once the trench-box has been moved upward, forward or removed from the excavation, the voids created by this action shall receive supplemental backfill material and re- compacted to 98% of modified proctor where applicable. 2. If required, bedding material shall be placed to provide uniform support along the bottom of the pipe and to place and maintain the pipe at the proper elevation. The initial layer of bedding placed to receive the pipe shall be brought to the grade and dimensions indicated on the project construction drawings. All bedding shall extend the full width of the trench bottom. The pipe shall be placed and brought to grade by tamping ATTACHMENT D BID NO. 019-2821-19/IT 763 Boynton Beach Utilities – April 2018 02324 - 7 Backfill the bedding material or by removal of the excess amount of the bedding material under the pipe. Adjustment to grade line shall be made by scrapping away or filling with bedding material. Wedging or blocking up of pipe is not permitted. Applying pressure to the top of the pipe, such as with a backhoe bucket, to lower the pipe to the proper elevation or grade shall not be permitted. 3. Were wet or unstable soil that is incapable of properly supporting pipe, as determined by Project Manager and Engineer, is encountered in the bottom of trench, the trench bottom shall be excavated to a depth of at least two feet below the specified trench bottom. Place filter fabric in the bottom of the trench and support the filter fabric along the trench walls until the over-excavation has been backfilled, in two (2) 1-foot lifts (as applicable based on the backfill material; structural backfill or FDOT rock). The ends of the filter fabric shall be overlapped prior to placing the pipe. C. COVER ZONE 1. Haunching: Initial backfill/haunching material shall be carefully placed by hand until one third of the pipe diameter has been covered. The Contractor shall use non-mechanical means to tamp the backfill/haunching material to form unified initial support for the pipe for each lift. 2. After haunching of the pipe, carefully and evenly backfill trenches on all sides with suitable backfill materials and thoroughly and carefully tamped each lift until the backfill material reaches the same elevation as the top of the pipe. If a trench box is used for the installation of the piping, it shall be raised to an elevation even with the top of the pipe before the Cover Zone backfill materials are placed. Once the trench-box has been moved upward, forward or removed from the excavation, the voids created by this action shall receive supplemental backfill material and re-compacted to 98% of modified proctor. ATTACHMENT D BID NO. 019-2821-19/IT 764 Boynton Beach Utilities – April 2018 02324 - 8 Backfill 3. To prevent longitudinal movement of the pipe, dumping backfill material into the trench and then spreading will not be permitted until approved material has been placed and compacted to a level 1-foot over the pipe. D. TOP ZONE 1. For the remaining lifts of backfill, the material shall be placed in 12-inch lifts and compacted. Compact each layer to a density of 98% of modified proctor in paved areas and 95% of modified proctor in landscaped and open areas. 2. For all non-metallic pipeline installations, detection tape shall be buried 4 to 10-inches beneath the ground surface directly over the top of the utility. Should detection tape need to be installed deeper, the Contractor shall provide 3- inch wide tape. In no case shall detection tape be buried greater than 20-inches from the finished grade surface. Detection tape shall be appropriately identified based on the specific utility installation. 3.4 FOR STRUCTURES: A. All structures shall be marked and numbered with gradient lines, by the Contractor, to indicate the required lift thickness. B. Carefully backfill around all sides in a continuous and progressive manner in lifts no greater that 6-inchs (compacted thickness) with excavated materials approved for backfilling, free from large clods of earth and stones and compact to 98% of modified proctor in all areas. C. For the sides of the structure where there is pipe penetration, the compacted backfill shall be brought up to a point where the pipe, at the correct invert elevation, is resting on compacted backfill. A bell- hole, extending no further than 1-foot from the structure, may be left around the penetration point for mudding-up around the pipe. 3.5 GENERAL BACKFILL ATTACHMENT D BID NO. 019-2821-19/IT 765 Boynton Beach Utilities – April 2018 02324 - 9 Backfill A. All backfill operations shall be done in the dry. The dry condition shall be maintained during placement, compaction and density testing. B. As soon as practicable after the pipe has been laid and jointed, backfilling shall begin and thereafter be prosecuted expeditiously. C. Flooding of backfill (with potable water) will only be permitted when so directed in writing by the Project Manager. D. Reopen improperly backfilled trenches, or trenches where settlement occurs, to depth required for proper compaction, as determined by the Engineer, then refill and compact, with surface restored to required grade and compaction, mounded over and smoothed off. E. Backfill open trenches across roadways or other areas to be paved as specified above, backfill entire depth of trench in 6-inch layers, and compact each layer to a density of 98% of modified proctor, so that paving can proceed immediately after backfilling is completed. F. Grade ground to reasonable uniformity along all other portions of trenches and leave mounding over trenches in a uniform and neat condition, to the satisfaction of Engineer. G. Except as otherwise indicated, top of all piping and conduit to be 36" below finish grade (keeping project swale development in mind) unless incased in concrete. Concrete encasement to consist of a minimum of 4" thick concrete base slab placed prior to installation of piping or conduit and a minimum 4" thick concrete encasement (sides and top) placed after installation and testing of piping or conduit. H. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade including, where applicable, damp proofing, waterproofing, and perimeter insulation. 2. Inspection, testing, approval, and recording locations of underground utilities have been performed and recorded. 3. Removal of concrete formwork. ATTACHMENT D BID NO. 019-2821-19/IT 766 Boynton Beach Utilities – April 2018 02324 - 10 Backfill 4. Removal of trash and debris from excavation. I. Backfill areas to contours and elevations with approved materials. J. Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet or spongy subgrade surfaces. K. Place geotextile fabric over Class A-7 material existing prior to placing next lift of fill (if approved). L. Employ a placement method that does not disturb or damage other work. M. Maintain optimum moisture content of backfill materials to attain required compaction density. N. Backfill against supported foundation walls and concrete structures. Do not backfill against unsupported foundation walls. O. Backfill simultaneously on each side of unsupported foundation walls until supports are in place. P. Slope grade away from building minimum 2 inches in 10 ft, unless noted otherwise. Q. Make gradual grade changes. Blend slope into level areas. R. Remove surplus backfill materials from site as directed by the Project Manager and/or Engineer. S. Leave fill material stockpile areas free of excess fill materials. T. TOLERANCES: 1. Top surface of backfill for site clearing and general earthwork shall be plus or minus 0.10 foot from required elevations. 2. Top surface of backfill for the creation of or improvements to berms or other stormwater containment earthworks shall be plus 0.10 foot, minus 0.00 foot from required elevations. 3.6 FIELD QUALITY CONTROL ATTACHMENT D BID NO. 019-2821-19/IT 767 Boynton Beach Utilities – April 2018 02324 - 11 Backfill A. Section SC01400 QUALITY REQUIREMENTS B. Compaction testing will be performed in accordance with ASTM D1556 or AASHTO T180 in locations as specified by the Project Manager or Engineer. Project Manager and/or Engineer are to select specific locations and lifts as well as witnessing of all compaction testing. C. If tests indicate Work does not meet specified requirements, remove Work, replace and retest. 3.83.7 COMPACTION A. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density, in accordance with AASHTO T-180 specifications or ASTM D1557: 1. Structures, Building Slabs and Steps: 98% of the modified proctor. 2. Pipe Bedding Zone and Cover Zone: 98% of the modified proctor. 3. Driveway aprons, sidewalk sections that form part of a driveway apron, driveways and roadways: As a minimum, compact top 12" of subgrade and each layer of backfill or fill material to 98% of the modified proctor. Roadways may require special subgrade stabilization as specified in the project construction drawings. 4. Lawn or Unpaved Areas: From 1-foot above the top of the pipe (Top Zone), 95% of the modified proctor; areas around structures shall be 98% of the modified proctor. 5. Sidewalks and walkways: Compact top 12 inches of subgrade and each layer of backfill or fill material to 95% of the modified proctor. B. All subgrade shall be compacted and tested up to 6- inches from the edge of the pavement (asphalt or concrete). If for specific design reasons and the project construction drawings requires an area greater than 6-inches outside the edge of slab to be compacted and tested, then those more stringent requirements shall take precedence. Formatted: Bullets and Numbering ATTACHMENT D BID NO. 019-2821-19/IT 768 Boynton Beach Utilities – April 2018 02324 - 12 Backfill C. Frequency of Tests: 1. Pipelines: In Public Right Of Way, swales and under sidewalks, every 100 feet per lift, for driveway aprons each lift, for road crossings each lift in three (3) locations, as directed by Engineer or Project Manager. Additionally, in the event of low production, density verification testing shall be performed on each day’s work as directed by the Project Manager or Engineer. 2. In utility easements, every 200 feet per lift. 3. Public Manholes and Structures: Each lift around structure; all sides shall be tested in random order. In addition, the final lift under pipe penetrations shall be tested. 4. Berms: Every 200 feet per lift. 5. Swales: For areas that have been built-up and a swale cut-in every 200 feet; otherwise, density testing of swales cut-in to existing ground does not require density testing. D. The Contractor’s Test Lab is to “map” all density test results (pass and fail) on the Record Drawings on each day when field tests are performed. Contractor’s Testing Lab shall leave a copy of the day’s density testing results on site. E. Contractor is to instruct their Testing Lab to directly mail signed and sealed copies of all Test Reports (Proctor, Density, Water Quality, etc.) to the Project Manager and Engineer on a weekly basis. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 769 January 2013 02371 - 1 Riprap and Rock Lining SECTION 02371 RIPRAP AND ROCK LINING ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02371) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 530 - Riprap In the event that this technical specification (02371) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Materials B. Placement 1.2 RELATED SECTIONS A. Section 02630 - Storm Drainage 1.3 REFERENCES Not Used. 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Riprap: By the cubic yard of riprap area, summing the areas of individual layers, of riprap sacks, rubble or gabions. Includes supply and placing riprap (mix in sacks, moist cured), concrete block, rubble (consisting of broken concrete or stone), or gabions containing stone or broken concrete. ATTACHMENT D BID NO. 019-2821-19/IT 770 January 2013 02371 - 2 Riprap and Rock Lining 1.5 SUBMITTALS Not Used. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Riprap: Provide in accordance with State of Florida DOT (sand-cement, rubble or concrete block); or B. Riprap: Limestone type; broken stone; solid and nonfriable; 3 inch minimum size, 12 inch maximum size; or C. Riprap: Broken stone or Irregular shaped rock, 3 inch minimum size, 8 inch maximum size; solid and nonfriable, contained within gabion wire baskets rectangular shaped to form stepped layered installation. D. Aggregate Type A1: As specified in Section 02060. E. Bags: Woven jute or Geotextile fabric (woven or non- woven). F. Binder: Portland cement per FDOT standard specification. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Do not place riprap bags, concrete blocks, and rubble or gabion baskets over unstable subgrade surfaces. 3.2 PLACEMENT A. Place geotextile fabric (as called for on the construction plans) over substrate, lap edges and ends. B. Place riprap at culvert pipe ends, canal protection, and embankment slopes, as indicated on the construction plans. C. Place bags into position. Knead, ram, or pack filled bags to conform to contour of adjacent material as per construction plans. ATTACHMENT D BID NO. 019-2821-19/IT 771 January 2013 02371 - 3 Riprap and Rock Lining D. Place bags or gabions in a staggered pattern. Remove foreign matter from stacked surfaces. E. Installed Thickness: Refer to construction plans. F. Place rock evenly and carefully over bagged riprap to minimize voids, do not tear bag fabric, place bags and rock in one consistent operation to preclude disturbance or displacement of substrate. G. After placement, spray with water to moisten the bagged mix if used. Maintain moist for 24 hours. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 772 January 2013 02446 - 1 Directional Drilling SECTION 02446 DIRECTIONAL DRILLING ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02446) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 555 – Directional Bore In the event that this technical specification (02446) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Contractor Qualifications C. Products D. Pipelines (Directional Drilling) E. Directional Drilling Equipment F. Installation G. Backfill and Restoration 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 - Quality Requirements ATTACHMENT D BID NO. 019-2821-19/IT 773 January 2013 02446 - 2 Directional Drilling D. Section SC01700 – Contract Closeout E. Section 02320 – Trenching and Excavation F. Section 02324 – Backfill G. Section 02513 – Public Water & Reclaimed Water Distribution Systems H. Section 02536 – Force Mains 1.3 REFERENCES Not Used. 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Pipe by Directional Drilling: By the linear foot. Includes mobilization of equipment, dewatering, excavation of entry, exit recovery pits or any other excavation, steel pipe sleeve material (if required by the project construction drawings), carrier pipe, casing vents (as required), directional drilling operation, backfill, compaction, density testing, grouting casing ends and restraints (if/where necessary). B. Carrier pipe: By the linear foot. Includes mobilization of equipment, dewatering, carrier pipe, joint restraints, casing spacers and pressure testing. C. Valves: Refer to Section SC01025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Shop Drawings: The CONTRACTOR shall submit shop drawings of pipe casing in accordance with the requirements in Section SC01340, SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES, and the following supplemental requirements as applicable: 1. Subcontractor qualification. 2. Casing installation schedule which includes excavation, pipeline installation, and backfill operations. 3. Material list including diameter, thickness, and class of steel casing. ATTACHMENT D BID NO. 019-2821-19/IT 774 January 2013 02446 - 3 Directional Drilling 4. Detailed locations and sizes of all pits. B. Certifications: The CONTRACTOR shall furnish a certified affidavit of compliance with the specifications for the physical and chemical properties of all steel pipe and other products or materials furnished under this Section of the Specifications. C. Submit plans and descriptions of the proposed equipment arrangement and installation procedures including a plotted chart of the pipeline installation based on the field located obstructions and utilities prior to commencing the work. Include provisions for any permit requirements or conditions associated with the work. 1.6 CONTRACTOR QUALIFICATIONS A. Contractor performing the work under this section must be one experienced and regularly engaged in this type of work. At the request of the Engineer, Contractor must supply references of previous work, totaling a minimum of ten (10) years experience. Welding procedures shall be qualified in accordance with AWS D1.1 and welders shall be qualified and certified in the 4G position as specified in AWS D1.1. 2 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 PIPELINES (DIRECTIONAL DRILLING) A. Pipe material shall be as manufactured by Plexco, Phillips 66 or other approved equal. B. The supplied fittings shall be molded from a polyethylene compound having a cell classification equaling or exceeding that of the pipe material. The resin used to manufacturer the fitting shall be of the same type as that used to manufacture the pipe. ATTACHMENT D BID NO. 019-2821-19/IT 775 January 2013 02446 - 4 Directional Drilling C. For additional requirements, refer to Section 02513 – PUBLIC WATER & RECLAIMED WATER DISTRIBUTION SYSTEMS or Section 02536 – FORCE MAINS as applicable. D. The pipe and fittings shall be manufactured from new resin and shall contain no recycled compounds. The pipe shall be homogenous throughout and be free of visible cracks, holes, foreign inclusions or other deleterious defects; and all piping shall be identical in color, density, melt index, and other physical properties. E. The polyethylene resin shall be pre-compounded prior to pipe extrusion; in-plant blending is not acceptable. F. The Engineer may request certified laboratory data to verify the physical properties of the supplied pipe and fittings for polyethylene slip lining, or horizontal directional drills, or may take random material samples and have them tested by an independent laboratory. G. Failure to comply with the product specifications contained herein will be sufficient cause for rejection of work performed and materials installed under this section. No payment will be made for defective materials and the equipment and labor costs associated with the installation and removal of defective materials. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a ‘‘quiet- pack’’ muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest ‘‘receiving’’ property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City’s Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor’s compliance with the City’s Noise Ordinance. B. Field verify locations and elevations of all utilities and potential obstructions and submit plan and profile ATTACHMENT D BID NO. 019-2821-19/IT 776 January 2013 02446 - 5 Directional Drilling of proposed bore path for review by Project Manager and Engineer prior to the commencement of directional boring or jack and bore activities. C. Verify existing conditions are ready for directional drilling and/or the installation of steel pipe sleeves. D. Note subsurface irregularities affecting work of this section. 3.2 PREPARATION A. Cut pipe ends square, ream pipe and tube ends to full pipe diameter, and remove burrs. B. Remove scale and dirt on inside and outside before assembly. 3.3 PIPELINES (DIRECTIONAL DRILLING) A. Material Handling: 1. Unfused pipe sections shall be stored on clean, level ground. If the pipe is to be stacked for storage, stacking shall be accomplished in strict compliance with the manufacturer’s recommendations. Pipe shall be handled so that it is not damaged; repair of damages caused by improper handling shall be accomplished at no additional cost. 2. Fused pipe lengths shall be handled with nylon slings or other equipment that will not cut or gouge the pipe. The use of spreader bars when lifting long lengths of fused pipe is advised. B. Pipe Fusion: 1. Sections of polyethylene pipe shall be joined into continuous lengths on the job site above ground. Joining pipe sections shall be accomplished by use of the butt fusion process as recommended by the pipe manufacturer’s representative. The equipment used to accomplish the fusion shall be capable of performing as specified by the pipe manufacturer with regard to temperature, alignment, pressure, and other variables. 2. Joints between plain end pipes and fittings shall be made by butt fusion, and joints between the ATTACHMENT D BID NO. 019-2821-19/IT 777 January 2013 02446 - 6 Directional Drilling main and saddle branch fittings shall be made using saddle fusion using only procedures that are recommended by the pipe and fitting manufacturer. The Contractor shall ensure that persons making heat fusion joints have received training in the manufacturer's recommended procedure. The Contractor shall maintain records of trained personnel, and shall certify that training was received not more than 12 months before commencing construction and the personnel have performed similar work within three (3) months. External and internal beads shall not be removed. 3. Upon request, the manufacturer shall provide training in the manufacturer's recommended butt fusion and saddle fusion procedures to the Contractor's installation personnel, and to inspectors representing the Utilities Department. C. Butt Fusion Testing 1. On every day butt fusions are to be made, the first fusion of the day shall be a trial fusion. The trial fusion shall be allowed to cool completely, and then fusion test straps shall be cut out. The test strap shall be 12 inches (minimum) or 30 times the wall thickness in length with the fusion in the center, and 1 inch (minimum) or 1.5 times the wall thickness in width. Bend the test strap until ends of the strap touch. If the fusion fails at the joint, a new trial fusion shall be made, cooled completely and tested. Butt fusion of pipe to be installed shall not commence until a trial fusion has passed the bent strap test. D. Mechanical Joining: 1. Polyethylene pipe and fittings may be joined together or to other materials by means of flanged connections (flange adapters and back-up rings) or mechanical couplings designed for joining polyethylene pipe or for joining polyethylene pipe to another material. Mechanical couplings shall be fully pressure rated and fully thrust restrained such that when installed in accordance with manufacturer's recommendations, a longitudinal load applied to the mechanical coupling will cause the pipe to yield before the mechanical coupling disjoins. External joint restraints shall not be ATTACHMENT D BID NO. 019-2821-19/IT 778 January 2013 02446 - 7 Directional Drilling used in lieu of fully restrained mechanical couplings. E. Branch Connections: 1. Branch connections to the main shall be made with saddle fittings or tees. Polyethylene saddle fittings shall be saddle fused to the main pipe. F. Mechanical Joint & Flange Installation: 1. Mechanical joints and flange connections shall be installed in accordance with the manufacturer's recommended procedure. Flange faces shall be centered and aligned to each other before assembling and tightening bolts. In no case shall the flange bolts be used to draw the flanges into alignment. Bolt threads shall be evenly tightened according to the tightening pattern and torque step recommendations of the manufacturer. At least one (1) hour after initial assembly, flange connections shall be re-tightened following the tightening pattern and torque step recommendations of the manufacturer. The final tightening torque shall be 100 ft-lbs or less as recommended by the manufacturer. 3.4 Field Repair: A. Section of pipe having scratches or gouges, the depth of which exceeds 10 percent of the pipe wall thickness, shall be repaired. Repairing the pipe shall consist of cutting out the damaged section and fusing the undamaged sections together. This process shall be accomplished at no additional cost and in compliance with Paragraph 3.3 of this Section. 3.5 Directional Drilling Equipment: A. The directional drilling system shall be remotely steerable with electronic location capabilities by means of wire line signal from a remote magnetic survey probe located directly behind the cutter head. The system shall be capable of determining drill head location, drill head rotation, drill head angle and magnetic bearing. B. The drill rig shall be capable of 90,000 pounds of pullback. It shall incorporate the use of a downhole motor (mud motor) and shall employ a fluid-cutting ATTACHMENT D BID NO. 019-2821-19/IT 779 January 2013 02446 - 8 Directional Drilling process (high pressure - low volume) utilizing a liquid clay (Bentonite); a clay lining is to remain in the drilled hole for lubrication. The clay fluid is to be totally inert and contain no environmental risk. Mechanical, pneumatic or water jetting methods will be considered unacceptable. C. A Bentonite recovery system shall be utilized on site. Cuttings recovered from the Bentonite and any unsuitable materials recovered shall be removed from the site and legally disposed of by the Contractor. A wash pipe shall be used with the drill stem to facilitate Bentonite recovery and recycling. D. When drilling beneath surface water a vacuum Bentonite evacuation system is to be kept at the site and shall be employed in the event of a soil fracture or other loss of Bentonite to the surface water. 3.6 Preparation A. Properly anchor the drilling rig and verify operation of equipment and sufficient quantities of materials. B. Prepare exit hole pit, including any necessary well pointing for dewatering to keep the pit dry throughout the installation operation. Meet all laws, codes, and ordinances and obtain all necessary permits for dewatering. 3.7 Installation A. Drill a pilot hole complete to the exit hole as indicated on the Construction Drawings. B. While setting up the drilling equipment and drilling the pilot hole, fuse the HDPE carrier pipe together in lengths indicated on the Construction Drawings or as space allows. C. Upon completion of the pilot hole, replace the cutting head with a suitable back-ream head, bearing swivel and capped carrier pipe for pullback through the pilot hole. D. Prepare carrier pipe for connection to pipeline system. Remove and dispose of excess HDPE pipe and fill drill-hole beyond final installed pipeline with Bentonite slurry. ATTACHMENT D BID NO. 019-2821-19/IT 780 January 2013 02446 - 9 Directional Drilling E. In areas where the polyethylene pipe is exposed due to open excavation, the trench shall conform to the pipeline trench detail on the drawings except that the material identified as "hand placed select material" shall be a ratio of 4:1/sand: cement stabilized backfill. F. Pull the HDPE a minimum of 3% further than the total length of pull to allow for sufficient pipe length for trimming back to final required length once the total length of pipe has stabilized. G. A surface tracking system shall be for secondary confirmation of the final "As-Built" information. H. All HDPE pipe to be installed shall be pressure tested and visually inspected prior to installation. Contractor shall consult with the pipe manufacturer and provide the Engineer with their proposed pressure testing method in writing for comments prior to installation. I. During installation the Contractor shall continuously monitor and record the following data as a minimum:  Axial Tension Force  Insertion Velocity  Mud Flow circulation & exit rates  Actual length of pipe installed J. Precautions shall be taken by the Contractor to avoid pipe buoyancy. K. The manufacturer's recommendation for maximum bending radii shall not be exceeded during installation. L. Joints: All joints of the carrier pipe within the casing shall be restrained in accordance with the specification Sections for the type of pipe material installed. M. Testing of the Carrier Pipe: Hydrostatic testing of the carrier pipe shall be completed prior to the filling of the annular space between the casing and carrier pipe with sand. Hydrostatic testing shall be performed in accordance ATTACHMENT D BID NO. 019-2821-19/IT 781 January 2013 02446 - 10 Directional Drilling with Section 02513 PUBLIC WATER & RECLAIMED WATER DISTRIBUTION SYSTEMS. 3.8 BACKFILL/RESTORATION Backfill and restoration of surface and subsurface improvements shall be done in concurrence with the work and accordance with the applicable sections of the project construction drawings and Section 02324 BACKFILL and Section 02960 RESTORATION OF SURFACE IMPROVEMENTS. Restoration shall be accomplished so that the condition of the original feature(s) is met or exceeded by the restoration. Restoration cost is to be included in the unit price of the pipeline installation. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 782 January 2013 02447 - 1 Jack and Bore SECTION 02447 JACK & BORE ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02447) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 556 Jack and Bore In the event that this technical specification (02447) is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specification and Standard, it is the responsibility of the Contractor to request clarification or resolution, in writing, from the Project Manager and Engineer. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Contractor Qualifications C. Products D. Pipelines E. Jack and Bore Equipment F. Installation G. Backfill and Restoration 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 - Quality Requirements ATTACHMENT D BID NO. 019-2821-19/IT 783 January 2013 02447 - 2 Jack and Bore D. Section SC01700 – Contract Closeout E. Section 02320 – Trenching and Excavation F. Section 02322 – Dewatering and Drainage G. Section 02324 – Backfill H. Section 02513 – Public Water & Reclaimed Water Distribution Systems I. Section 02536 – Force Mains 1.3 REFERENCES Not Used. 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Pipe by Jack & Bore: By the linear foot. Includes mobilization of equipment, dewatering, excavation of entry, exit recovery pits or any other excavation, steel pipe sleeve material, jack & bore operation, casing vents, backfill, compaction, density testing and grouting casing ends (as specified on the project construction drawings). B. Carrier pipe: By the linear foot. Includes mobilization of equipment, dewatering, carrier pipe, joint restraints, stainless steel & polymer casing spacers and pressure testing. C. Valves: Refer to Section SC01025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Shop Drawings: The CONTRACTOR shall submit shop drawings of pipe casing in accordance with the requirements in Section SC01340, SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES, and the following supplemental requirements as applicable: 1. Subcontractor qualification. 2. Casing installation schedule which includes excavation, pipeline installation, and backfill operations. ATTACHMENT D BID NO. 019-2821-19/IT 784 January 2013 02447 - 3 Jack and Bore 3. Material list including diameter, thickness, and class of steel casing. 4. Detailed locations and sizes of all jacking or boring and receiving pits. B. Certifications: The CONTRACTOR shall furnish a certified affidavit of compliance with the specifications for the physical and chemical properties of all steel pipe and other products or materials furnished under this Section of the Specifications. C. Submit plans and descriptions of the proposed equipment arrangement and installation procedures including a plotted chart of the pipeline installation based on the field located obstructions and utilities prior to commencing the work. Include provisions for any permit requirements or conditions associated with the work. 1.6 CONTRACTOR QUALIFICATIONS A. Contractor performing the work under this section must be one experienced and regularly engaged in this type of work. At the request of the Engineer, Contractor must supply references of previous work, totaling a minimum of ten (10) years experience. Welding procedures shall be qualified in accordance with AWS D1.1 and welders shall be qualified and certified in the 4G position as specified in AWS D1.1. 2 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 STEEL PIPE CASINGS A. Pipe for casings under roadways, highways and FEC/CSX railroads shall be steel conforming to ANSI/AWWA C200 and ASTM A 283 Grade C (FDOT is ASTM A139 Grade B). Steel casings shall be bituminous coated inside and outside. Casing pipe shall be of the length and size shown on the drawings. The wall thickness shall be in ATTACHMENT D BID NO. 019-2821-19/IT 785 January 2013 02447 - 4 Jack and Bore accordance with the project construction drawing detail (G-9). B. Butt welds shall be full penetration per AWS D1.1 requirements. C. Stainless steel and polymer casing spacers shall be used for carrier pipe installation through the steel pipe casing. Casing spacers shall be in accordance with the project construction drawing detail. 2.3 RESTRAINED MECHANICAL JOINTS FOR CARRIER PIPE INSTALLATION A. Self restraining push-on gaskets shall be used inside the sleeves of Jack & Bore installations only where specifically approved by the Project Manager and Engineer. 2.4 RESTRAINED JOINTS OUTSIDE OF SLEEVES A. The method of restraining pipe-to-pipe joints inside the Jack and Bore sleeves installations shall be EBAA Iron MEGALUG products (or approved equal). B. Pipe and/or fittings that use metal-to-metal integral restraints such as US Pipe TR-Flex or American Pipe Flex-Ring may be used if approved by the Project Manager and Engineer. C. 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. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a ‘‘quiet- pack’’ muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest ‘‘receiving’’ property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City’s Code Compliance Division of the Boynton Beach Police Department shall have ATTACHMENT D BID NO. 019-2821-19/IT 786 January 2013 02447 - 5 Jack and Bore jurisdictional control over the Contractor’s compliance with the City’s Noise Ordinance. B. Field verify locations and elevations of all utilities and potential obstructions and submit plan and profile of proposed bore path for review by Project Manager and Engineer prior to the commencement of directional boring or jack and bore activities. C. Verify existing conditions are ready for the installation of steel pipe sleeves. D. Note subsurface irregularities affecting work of this section. 3.2 PREPARATION A. Prepare steel casing pipe ends in accordance with the AWS D1.1 welding procedure specification. B. Remove scale and dirt on inside and outside before assembly. 3.3 JACK & BORE A. Roadway, Highway and Railroad Crossing: All pipe crossings under highways, roadways and railroads shall be installed in accordance with the requirements of the Florida Department of Transportation or the governing authority covering the method and materials of construction. The Contractor will be held responsible for any and all expense such authority incurs in protecting its highway or roadway while pipe are being placed under same and for any damage to the highway or roadway. The Contractor shall arrange with the governing authority's Department of Public Works for proper bracing, shoring, and other necessary protection of the highway or roadway before excavation beneath of any said traveled surface. B. Control of Alignment and Grade: The CONTRACTOR shall control the application of the jacking pressure and excavation of materials ahead of the casing as it advances to prevent the casing from becoming earthbound or deviating from the required line and grade. The CONTRACTOR shall restrict the excavation of the materials to the least clearance necessary to prevent binding in order to avoid loss of ground and consequent settlement or possible damage to overlying ATTACHMENT D BID NO. 019-2821-19/IT 787 January 2013 02447 - 6 Jack and Bore structures. Allowable grade deviations in horizontal and vertical alignments shall be no greater than 0.2 feet in any direction over the length of one casing pipe and a maximum deviation of 0.5 feet over the entire casing C. Carrier Pipe Installation: Carrier pipe shall be installed in the sleeve using stainless steel and polymer supports. Support shall center the pipe in the sleeve. The supports shall be positioned as determined by the pipe manufacturer, support manufacturer or as directed by the Engineer. The casing ends shall be sealed as shown on the project construction drawings. D. Joints: All joints of the carrier pipe shall be restrained using the materials as identified in Sections 2.2 and 2.3 above. E. Testing of the Carrier Pipe: Hydrostatic testing of the carrier pipe shall be completed prior to the filling of the annular space between the casing and carrier pipe with sand. Hydrostatic testing shall be performed in accordance with Section 02513 PUBLIC WATER & RECLAIMED WATER DISTRIBUTION SYSTEMS. 3.4 BACKFILL/RESTORATION Backfill and restoration of surface and subsurface improvements shall be done in concurrence with the work and accordance with the applicable sections of the project construction drawings and Section 02324 BACKFILL and Section 02960 RESTORATION OF SURFACE IMPROVEMENTS. Restoration shall be accomplished so that the condition of the original feature(s) is met or exceeded by the restoration. Restoration cost is to be included in the unit price of the pipeline installation. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 788 Boynton Beach Utilities – April 2018 02513 - 1 Public Water & Reclaimed Water Distribution Systems SECTION 02513 PUBLIC WATER & RECLAIMED WATER DISTRIBUTION SYSTEMS 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Products C. Installation Readiness D. Installation E. Connections to Existing Systems F. Cleaning and Testing G. PBC HD Clearance H. Restoration 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section SC01700 – Contract Closeout E. Section 02082 – Public Manholes and Structures F. Section 02320 – Trenching and Excavation G. Section 02322 – Dewatering and Drainage H. Section 02324 - Backfill I. Section 02516 - Disinfection of Water Distribution Systems J. Section 02740 – Subgrade, Base Course and Asphalt K. Section 02960 – Restoration of Surface Improvements ATTACHMENT D BID NO. 019-2821-19/IT 789 Boynton Beach Utilities – April 2018 02513 - 2 Public Water & Reclaimed Water Distribution Systems L. Section 03300 – Cast-in-Place Concrete 1.3 REFERENCES A. AWWA C600 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 a 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. Shop and manufacturer’s drawings and catalog cut sheets for all pipe system components. Refer to Section SC01340 – SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES. B. Contractor shall prepare and submit to the Project Manager a Flushing, Pressure Testing and Disinfection Phasing Plan prior to the start of the pipe installation. 1.6 SUBMITTALS AT PROJECT CLOSEOUT A. Refer to Section SC01700 CONTRACT CLOSEOUT and SC01720 PROJECT RECORD DOCUMENTS for requirements. 2 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 Tyler Union from 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: ATTACHMENT D BID NO. 019-2821-19/IT 790 Boynton Beach Utilities – April 2018 02513 - 3 Public Water & Reclaimed Water Distribution Systems 1. Ductile iron pipe for aerial canal crossings installations shall conform to ANSI A21.15 and be flanged. Thickness class shall be Class 350. Flanges shall conform to ANSI A21.15. All pipe supports, clamps and/or cradles shall have a minimum ¼ inch neoprene liner between the pipe and support. B. For Underground Installation: 1. In general, thickness 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 2.6, Restrained Mechanical Joints. 2.3 POLYVINYLCHORIDE (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. Fittings shall be DIP of the appropriate and corresponding pressure rating as the main line pipe and as specified in 2.4, Ductile Iron Fittings. D. Restrained joints shall be as specified in 2.6, Restrained Mechanical Joints. 2.4 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). ATTACHMENT D BID NO. 019-2821-19/IT 791 Boynton Beach Utilities – April 2018 02513 - 4 Public Water & Reclaimed Water Distribution Systems 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 water mains and reclaimed water mains shall be cement lined in accordance with ANSI A21.4 (AWWA C104). C. Exterior Finish: 1. Potable Water and Reclaimed Water Mains: For aboveground installation, the exterior surfaces of pipe and fittings shall be painted BRIGHT WHITE for potable water systems and PANTONE PURPLE for reclaimed water systems with a coating system approved by the Engineer. A three (3)-coat system with a polyurethane topcoat is required. 2. For underground potable water systems, all pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62-555.320(21)(b) 3, F.A.C., using blue as the predominant color. Underground plastic pipe shall be solid-wall blue pipe, will have a co-extruded blue external skin, or will be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall. 3. For underground reclaimed/reuse water systems, all pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62-555.320(21)(b) 3, F.A.C., using pantone purple as the predominant color. Underground plastic pipe for reclaimed/reuse water systems shall be solid-wall pantone purple pipe, will have a co-extruded pantone purple external skin, or will be white or black pipe with pantone purple stripes incorporated into, or applied to, the pipe wall. Pipe striped during manufacturing of the pipe will have continuous stripes that run parallel to the ATTACHMENT D BID NO. 019-2821-19/IT 792 Boynton Beach Utilities – April 2018 02513 - 5 Public Water & Reclaimed Water Distribution Systems 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 of the pipe; for pipe with an internal diameter of 24 inches or greater, paint will be applied in continuous lines along each side of the pipe as well as along the top of the pipe. 2.5 BALL CORPORATION STOP - UP TO 2 INCHES A. Brass body, teflon coated brass ball, rubber seats and stem seals, Tee stem pre-drilled for control rod, AWWA inlet threads end, compression transition outlet, with control rod, extension box and valve key. Teflon tape (minimum of two (2) wraps) shall be applied to the threads prior to installation. 2.6 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 tie rods, 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. ATTACHMENT D BID NO. 019-2821-19/IT 793 Boynton Beach Utilities – April 2018 02513 - 6 Public Water & Reclaimed Water Distribution Systems 2.7 WATER SERVICE A. The tapping saddle shall be a stainless steal double strap service saddle of the size required with an epoxy coated ductile iron body and AWWA threads. Neoprene gaskets shall be cemented in place. B. The corporation ball valve, "Y" Branch if necessary, compression by yoke curb stop(s), yoke bar, expansion nut, female iron pipe tail/outlet pieces, lock nuts, meter adapters, washers, and other fittings required to make a complete installation shall be brass as shown on the drawings and the project construction drawings, and as manufactured by the Ford Meter Box Co., or approved equal. Internal pipe and tube sleeves shall be stainless steel. C. Sleeves under minor highways, residential streets and rural roads may be PVC Sch. 80 as approved by Engineer and Project Manager. 2.8 POLYETHYLENE PIPE AND TUBE A. Materials used for the manufacture of polyethylene pipe and fittings shall be PE3408 high density polyethylene meeting cell classification 345434C or 345434E per ASTM D3350; and meeting Type III, Class B or Class C, Category 5, Grade P34 per ASTM D1248; shall be listed in the name of the pipe and fitting manufacturer in Plastic Pipe Institute TR-4, Recommended Hydrostatic Strengths and Design Stresses for Thermoplastic Pipe and Fittings Compounds, with a standard grade rating of 1600 psi at 73F. The manufacturer shall certify that the materials used to manufacture pipe and fittings meet these requirements. B. Polyethylene pipe shall be manufactured in accordance with ASTM D3035, Polyethylene (PE) Plastic Pipe (DR-PR) Based on Controlled Outside Diameter and AWWA C906 and shall be so marked. Each production lot of pipe shall be tested for (from material or pipe) melt index, density, % carbon, (from pipe) dimensions and ring tensile strength. C. Polyethylene pipe (PE) shall be Drisco pipe 3408 1’’, 1½’’ & 2’’ or approved equal. D. All PE pipe shall be color coded to match the water system type; blue for potable water and pantone purple for reclaimed water. ATTACHMENT D BID NO. 019-2821-19/IT 794 Boynton Beach Utilities – April 2018 02513 - 7 Public Water & Reclaimed Water Distribution Systems 2.9 SERVICE IDENTIFICATION STRIPES A. Refer to paragraph 2.4.C. above for color-coding requirements. 2.10 MISCELLANEOUS A. Electronic Marking System (EMS) full-range markers shall be by 3M. Full-range markers shall be blue for potable water and pantone purple for reclaimed water. 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. C. For the installation of the 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 root barrier is considered as an incidental cost. 3 PART 3 EXECUTION 3.1 INSTALLATION READINESS A. Prior to the start of underground excavations, Contractor shall examine the project construction drawings and have repair materials on site to effect repairs to all sizes of existing water mains, branch and/or service connections. Typical repair materials include, but are not limited to: 1. Full encirclement repair clamps 2. Fittings (DIP and brass) 3. Poly tubing 4. All-thread 3.2 EXAMINATION ATTACHMENT D BID NO. 019-2821-19/IT 795 Boynton Beach Utilities – April 2018 02513 - 8 Public Water & Reclaimed Water Distribution Systems A. Verify that trench cut is ready to receive Work as required by this Section and excavations, dimensions, and elevations are as indicated on project construction drawings. 3.3 PREPARATION A. When the project drawings indicate, or when it is discovered during the course of the work, that the street or area’s sanitary sewer main lines are in front of the properties (and that the new water mains will have to cross), the Contractor shall pothole each sewer lateral prior to beginning installation of the new water mains and provide the individual sewer lateral depths to the Project Manager and the proposed depth of the new water main before beginning water main installation. B. Cut pipe ends square, ream pipe and tube ends to full pipe diameter, and remove burrs. C. Remove scale and dirt on inside and outside before assembly. D. Prepare pipe connections to equipment with flanges or unions. 3.4 INSTALLATION A. Pipeline Installation: 1. All trenching and excavations associated with the water main and service lines shall conform to the requirements in Technical Specification 02320 – TRENCHING AND EXCAVATION. 2. Installation of potable water 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. 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 ATTACHMENT D BID NO. 019-2821-19/IT 796 Boynton Beach Utilities – April 2018 02513 - 9 Public Water & Reclaimed Water Distribution Systems 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 and in accordance with Technical Specification 02324 - BACKFILL. 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 shall be placed according to project construction drawings unless relocation is approved by the Project Manager. After installation, backfill and compaction and where applicable after asphalting, all valves are to be exercised in the presence of the Project Manager and Engineer. As-built drawings shall reflect the actual location of all mains, hydrants, services, and valves. All taps must be at least 18" from fitting or bell. Potable water main shall not be laid in fuel contaminated areas. 5. Clearance of 18" or one pipe diameter, whichever is greater, shall be maintained between all fittings (bells, valves, flanges, etc.). 6. All road crossings, pavement cuttings and restoration shall be in accordance with the requirements of the Owner or Palm Beach County (if project is located in their jurisdiction but within the Department's service area). 7. Generally, joints for ductile iron pipe shall be push-on or mechanical type designed in accordance with ANSI A21.11 (AWWA C111) or ANSI A21.53 (AWWA C153). Joint lubrication shall be as furnished by the manufacturer. B. Valves 1. Valves shall generally be installed at intervals of no greater than 1,000 LF on transmission mains, ATTACHMENT D BID NO. 019-2821-19/IT 797 Boynton Beach Utilities – April 2018 02513 - 10 Public Water & Reclaimed Water Distribution Systems at intervals of no greater than 700 LF on main distribution loops and feeders, and on all primary branches connected to these lines. In high- density areas, valves shall be installed to minimize the number of persons affected by a break. 2. In all instances, effectiveness of placement shall be primary criteria in determining valve location. Valves placed in curbs will not be accepted. For potable water, all valve boxes require lids be marked as "Water" and painted BLUE. For reclaimed/reuse water, all valve boxes require lids be marked “Reuse” and painted PANTONE PURPLE. C. Fire Hydrants 1. Fire hydrants shall be installed with the center of the pumper nozzle approximately 18" – 24” above finished grade. Hydrants shall not be placed in sidewalks or traffic areas. It will be the responsibility of the Contractor to move hydrants placed in an unacceptable location and provide protection from traffic damage if necessary, upon the Project Manager's request. 2. Fire hydrant branches (from main to hydrant) shall not be less than 6" ID and be as short as possible to minimize any potential for potable water main stub with no flow. Long branch leads will require a second gate valve. Each branch shall be provided with a gate valve located as close as possible to the main. 3. Hydrants shall be located 5 feet to 10 feet from edge of pavement and no less than 6 feet from driveways with pumper discharge nozzle facing the roadway. Hydrants shall be located so as to minimize their vulnerability to traffic. At the direction of the Project Manager, for potential traffic protection, bollards may be required where minimum distances cannot be met. 4. Fire hydrants shall be placed in an accessible, unobstructed location with 5 feet clearance in all directions (except for protective bollards). 5. Fire hydrants shall be painted two (2) coats of “Fire Engine” or “Safety” red in color (field touch-up or re-paint may be required). Valve box ATTACHMENT D BID NO. 019-2821-19/IT 798 Boynton Beach Utilities – April 2018 02513 - 11 Public Water & Reclaimed Water Distribution Systems lids for fire hydrant or Siamese connections shall be painted RED. 6. Fire Hydrants shall be provided and installed in accordance with the project construction drawings. Newly installed fire hydrants, prior to being put into service, shall be clearly marked as being “OUT OF SERVICE” with signage. 7. For every five (5) new fire hydrants installed, Contractor shall supply one (1) maintenance kit and supplied by the fire hydrant manufacturer. D. Corrosion Protection: 1. For protection against corrosive soils in those areas designated by the Engineer and Project Manager, ductile iron pipe and fittings shall additionally be enclosed in a polyethylene sheet or tube and each length joined with 2-inch wide polyethylene adhesive tape. The sheet or tube shall be made from polyethylene resin meeting the requirements of ASTM D1248 and shall be Type I, Class C, Category 5, Grade J-3 with minimum carbon black content of 2.5% and 8 mils thickness. The sheet or tube shall be in accordance with the provisions of ANSI A21.5 (AWWA C105). Methods shall be such as to minimize danger to the sheet also be used to repair tears or punctures. 2. Installation of polyethylene encasement shall be in accordance with ANSI A21.5. E. Service Connections 1. Water service taps on the water main shall be spaced at a minimum distance of 18" apart. All service lines shall be installed in accordance with the details on the project construction drawings. All long-side service connections shall be sleeved. The sleeve is to be installed by jack & bore to avoid open-cuts across roadways for service connections. The minimum diameter of service connection taps shall be 3/4-inch for 1- inch service connections, 1 3/8-inch for 1 1/2- inch service connections and 1 3/4-inch for 2-inch service connections. 2. Service lines, between the corp stop and curb stop shall be one continuous line without any splices or fittings unless specifically authorized by the Project Manager and Engineer. ATTACHMENT D BID NO. 019-2821-19/IT 799 Boynton Beach Utilities – April 2018 02513 - 12 Public Water & Reclaimed Water Distribution Systems 3. Services shall not exceed 100 feet to the meter. Services crossing under parking tracts shall have their meters placed prior to the crossing so that the Owner is not responsible for these lines. 4. In developments where the property line is not clearly defined (condominiums and commercial), the meter shall be placed in a readily accessible location. 5. Private services shall not cross potable water main. The Contractor shall coordinate the installation of private service lines with location of meters to deliver potable water to the correct multi-family dwelling unit or bay and shall identify each to the Project Manager. 6. Wet taps equal or larger than one half the pipe diameter require a stainless steel full contact saddle with flange and valve. F. Connection to Existing System: 1. All connections to existing water main shall be made under the direct supervision of the Project Manager. Based on the existing pipe configuration and materials, the Contractor may be required to provide temporary restraints. All connections to existing water mains shall have double valves unless specifically authorized by the Project Manager. Valves on existing water mains shall be operated by Department personnel or under direct supervision by the Project Manager. Tapping sleeves and their valves shall be pressure tested at 150 psig for 1 hour prior to tapping (entire tapping sleeve shall be bubble tested with a soap solution during the pressure testing). 2. All pipe coupons from tapping sleeve tie-ins shall be saved, labeled and dated by the Contractor and transmitted to the Project Manager. 3. If service must be cut off to existing customers, the Project Manager must have fourteen (14) working days notice to make necessary arrangements. The Contractor shall prepare a Shutdown Request form in accordance with the directions given during the Pre-Construction Meeting. ATTACHMENT D BID NO. 019-2821-19/IT 800 Boynton Beach Utilities – April 2018 02513 - 13 Public Water & Reclaimed Water Distribution Systems 4. The 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. Local chlorination, in compliance with ECR II, will be required for all pipe and fittings used to complete connections with potable water. G. TESTING Contractor shall prepare a Flushing, Pressure Test, Disinfection and PBC HD Clearance Plan for review and authorization by the Project Manager prior to water main installation. The plan shall include a schematic that indicates swab locations, direction of flush, sample points and affected valves. The PBC HD Clearance requires the Contractor’s Pressure Test Report, Disinfection Report, Water Quality Lab Reports and As-Built drawings. Reclaimed water mains and service connections shall be flushed and pressure tested (per the requirements below) but do NOT require disinfection or PBC HD Clearance. 1. Cleaning and Flushing: a. Upon completion of pipe installation, for any section, perform swabbing and cannon flushing in accordance with the Cleaning and Flushing Procedure detail shown on the project construction drawings. The Project Manager must observe the swab being inserted into the line and witness the cleaning and flushing process. The swab is to be one (1) pipe size diameter larger than the pipe being cleaned. 2. Pressure: a. 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. b. Potable water shall be supplied to the main and pumped to the minimum of 155 psi. The ATTACHMENT D BID NO. 019-2821-19/IT 801 Boynton Beach Utilities – April 2018 02513 - 14 Public Water & Reclaimed Water Distribution Systems 000,148 PSDL water main being tested shall be separated from the supply line or isolated by a double valve arrangement. c.The Contractor shall prepare a documented test report 24 hours in advance. Each test identifying, date, time, weather, linear foot of pipe being tested, the piping segment tested (station to station), beginning test pressure and time, ending test pressure and time, amount of “make-up” water and a clear “pass / fail” statement. The test report shall be signed by the Contractor, Engineer and Project Manager. After test acceptance, Contractor shall provide copies of the test report to the Project Manager and Engineer and retain the original test report for inclusion in the Project Record Documents. d.Contractor shall provide all necessary equipment such as pumps, gages and water measuring tanks, and all necessary work required for pipe pressure and leakage tests. Make pressure and leakage tests between valves and/or connections for each section being tested, using procedure outlined in ANSI/AWWA C-600. e.Test lines at a minimum of 150 psi for no less than two (2) hours and test all fire lines at 200 psi for no less than one (1) hour in accordance with NFPA-24. f. Allowable leakage not to exceed value derived from following formula: L = Allowable leakage (gallon per hour) S = Length of pipe (feet) D = Nominal diameter of pipe (inches) P = Average test pressure (PSIG) g.Conduct pressure tests with all valves servicing hydrants, services, etc., in open position. h.All potable water mains shall be pressure tested before bacteriological acceptability. ATTACHMENT D BID NO. 019-2821-19/IT 802 Boynton Beach Utilities – April 2018 02513 - 15 Public Water & Reclaimed Water Distribution Systems i. The maximum length of line to be tested as one section will be 2,000 linear feet. The test shall be performed as determined in the current AWWA specification. The standard test duration is two (2) hours. The maximum quantity of water that must be supplied into the tested pipe to maintain pressure within 5 psi of the specified test pressure shall not exceed the applicable AWWA C-600 Standard. j. Bacteriological testing shall not begin until after the pressure test has been accepted by the Project Manager. Refer to Section 02516 DISINFECTION OF WATER DISTRIBUTION SYSTEM. H. ABANDONMENT OF EXISTING WATER MAINS 1. Existing water mains shall be abandoned in accordance with the project drawings, including temporary restraints, cutting and capping with masonry plugs or mechanical blind flanges, thrust blocks and grout filled (where required). I. RESTORATION 1. Restoration shall be concurrent with the water main installation and shall be performed as required by Section 02960 RESTORATION OF SURFACE IMPROVEMENTS. END OF SECTION (SHUTDOWN REQUEST FORM ON FOLLOWING PAGE) ATTACHMENT D BID NO. 019-2821-19/IT 803 Boynton Beach Utilities – April 2018 02513 - 16 Public Water & Reclaimed Water Distribution Systems WATER DISTRIBUTION SYSTEM SHUTDOWN REQUEST FORM (Must be received by Boynton Beach Utilities 14 working/business days in advance) THIS SECTION IS TO BE COMPLETED BY THE CONTRACTOR Requested By : (Signature) Accepted By : (Signature) Boynton Beach Utilities Company Name : Project Name : Contractor is to deliver this form to the Utilities Project Manager Date/Time Received: Contact Mobile No. : Requested Shutdown Date : Time : Duration : Highlighted Project Drawing (s) attached : (Requests for shutdown will NOT be accepted without drawings) Number of drawing pages attached : Address (Nearest House or Business) : Lot No. : Block: Name of Development and/or Neighborhood: Distribution for “Heads Up” Only (w/o drawing): Engineering Division Manager, Water Quality/Lab Supervisor, Water Distribution Supervisor THIS SECTION TO BE COMPLETED BY UTILITY LOCATIONS/ENGINEERING DIVISION WITHIN 5 WORKING DAYS Boil Water Notice : YES NO Houses Affected : YES NO No. of Valves to be Shutdown : Number of Houses: Businesses Affected : Type Addresses Affected: Special Conditions : Locates and Pre-Shutdown Completed :  YES  NO By: Date : After Locations has completed their pre-shutdown and distributed notifications/door hangers, email this form to: Engineering Division Manager, Field Operations Manager, Project Manager, Water Quality/Lab Supervisor, Water Distribution Supervisor, Project Inspector Authorized Shutdown Date and Time Shutdown Authorized By Project Manager : Shutdown Date: Time : Upon approval, Project Manager emails this form to: Engineering Division Manager, Field Operations Manager, Water Quality/Lab Supervisor, Water Distribution Supervisor, Project Inspector  YES  NO ATTACHMENT D BID NO. 019-2821-19/IT 804 Boynton Beach Utilities – April 2018 02516 - 1 Disinfection of Potable Water Distribution Systems SECTION 02516 DISINFECTION OF POTABLE WATER DISTRIBUTION SYSTEMS 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Project Record Documents C. Products D. Execution E. Field Quality Control 1.2 RELATED SECTIONS A. Section 02513 – Public Water & Reclaimed Water Distribution Systems 1.3 REFERENCES A. ANSI/AWWA C651 – AWWA Standard for Disinfecting Water Mains 1.4 UNIT PRICE – MEASUREMENT AND PAYMENT A. The cost of disinfecting the new water distribution system is considered to be incidental to the installation of the water main. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Contractor shall prepare and submit a Flushing, Pressure Testing, Disinfection and PBC HD Clearance Plan to the Project Manager and Engineer for review and authorization prior to the start of pipeline installation. 1.6 PROJECT RECORD DOCUMENTS A. Disinfection Report from Contractor shall be signed and dated: 1. Company Name. ATTACHMENT D BID NO. 019-2821-19/IT 805 Boynton Beach Utilities – April 2018 02516 - 2 Disinfection of Potable Water Distribution Systems 2. Type, form and quantity of disinfectant used. 3. Diameters and lengths (in linear feet) of pipe being disinfected. 4. Date and time of disinfectant injection start and time of completion (continuous feed method). 5. Test locations (1 set for every 1,200 lf of pipe, 1 from every branch and 1 from the end of the line). 6. Initial and 24 hour disinfectant residuals (quantity in treated water) in ppm and/or mg/l for each outlet tested.  During the 24 hour disinfection process, Contractor shall operate all inline and branch valves and hydrants.  At the end of the 24 hour disinfection process the free chlorine residual shall not be less than 25 ppm or 25mg/l. 7. Date and time of flushing start and completion 8. Disinfectant residual after flushing in ppm for each outlet tested.  At the conclusion of the Contractor’s disinfection and flushing process, the Total Chlorine (in ppm) shall be equal to that of the City’s potable water system source point. B. Bacteriological Report: 1. Date issued, project name, and testing laboratory name, address, and telephone number. 2. Time and date of water sample collection. 3. Name of person collecting samples 4. Sample point numbers and test locations. 5. Initial and 24 hour disinfectant residuals in ppm for each outlet tested. 6. Coliform bacteria test results for each outlet tested ATTACHMENT D BID NO. 019-2821-19/IT 806 Boynton Beach Utilities – April 2018 02516 - 3 Disinfection of Potable Water Distribution Systems 7. Signed certification that water conforms, or fails to conform, to bacterial standards of the Palm Beach County Health Department. C. Palm Beach County Health Department release 1.7 REGULATORY REQUIREMENTS A. Conform to applicable Palm Beach County Health Department rules or regulation for performing the work of this Section. 2 PART 2 PRODUCTS 2.1 Disinfectant: A. Liquid chlorine conforming to ANSI/AWWA B301 (100% available chlorine). B. Sodium hypochlorite conforming to ANSI/AWWA B300 (5% - 15% available chlorine. C. 2.3 Calcium hypochlorite conforming to ANSI/AWWA B300 (65% available chlorine by weight). 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify that piping system has been cleaned, inspected, and pressure tested. 3.2 EXECUTION A. Install, clean and flush the water distribution piping system in accordance with the project construction drawings. Refer to Section 02513 PUBLIC WATER & RECLAIMED WATER DISTRIBUTION SYSTEMS. B. Pressure test the water distribution piping system in accordance with the project requirements. Refer to Section 02513 PUBLIC WATER & RECLAIMED WATER DISTRIBUTION SYSTEMS. C. After successful pressure testing, provide and attach required equipment to perform the work of this Section. D. Mix (if applicable) and inject treatment disinfectant into piping system. ATTACHMENT D BID NO. 019-2821-19/IT 807 Boynton Beach Utilities – April 2018 02516 - 4 Disinfection of Potable Water Distribution Systems E. Maintain disinfectant in system for 24 hours. F. Flush, circulate, and clean until required cleanliness is achieved; use municipal domestic water. G. Verify disinfection and record results on the Disinfection Report as specified in paragraph 1.6 A above. H. After receipt of the Palm Beach County Health Department system or partial system release and the service line transfer by the City are completed, Contractor shall remove the temporary sample points and re-install permanent system devices in accordance with the project construction drawings. 3.3 FIELD QUALITY CONTROL A. The Contractor shall assure the accuracy of the disinfection testing and provide a copy of the Contractor’s disinfection report to the Project Manager. In the event of a dispute, the Project Manager will schedule the City’s Lab for bacteriological testing. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 808 Boynton Beach Utilities – April 2018 02536 - 1 Force Mains SECTION 02536 FORCE MAINS 1 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 SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section SC01700 – Contract Closeout E. Section 02060 – Aggregate Materials F. Section 02082 – Public Manholes and Structures G. Section 02320 – Trenching and Excavation H. Section 02322 – Dewatering and Drainage I. Section 02324 - Backfill J. Section 02446 – Directional Drilling ATTACHMENT D BID NO. 019-2821-19/IT 809 Boynton Beach Utilities – April 2018 02536 - 2 Force Mains K. Section 02538 - Sanitary Sewer System L. Section 02740 – Subgrade, Base Course and Asphalt M. Section 03300 - Cast-In-Place Concrete 1.3 REFERENCES A. Not used. 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. ATTACHMENT D BID NO. 019-2821-19/IT 810 Boynton Beach Utilities – April 2018 02536 - 3 Force Mains 2 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 1/2 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. ATTACHMENT D BID NO. 019-2821-19/IT 811 Boynton Beach Utilities – April 2018 02536 - 4 Force Mains 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 POLYVINYLCHORIDE (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. Fittings 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 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 coats shall be epoxy and the 3rd (final) coat shall be polyurethane and colored BEIGE. The coating system shall be manufactured by M.A.B. Paints, Tnemec or an approved equal. ATTACHMENT D BID NO. 019-2821-19/IT 812 Boynton Beach Utilities – April 2018 02536 - 5 Force Mains 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 ATTACHMENT D BID NO. 019-2821-19/IT 813 Boynton Beach Utilities – April 2018 02536 - 6 Force Mains 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. 3 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 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. ATTACHMENT D BID NO. 019-2821-19/IT 814 Boynton Beach Utilities – April 2018 02536 - 7 Force Mains 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. In all instances, effectiveness of placement shall be primary criteria in determining valve location. Valves placed in curbs will not be accepted. For force mains, all valves boxes require lids be marked as "Sewer" and painted GREEN. 5.All road crossings, pavement cuttings and restoration shall be in accordance with the requirements of the City or Palm Beach County (if ATTACHMENT D BID NO. 019-2821-19/IT 815 Boynton Beach Utilities – April 2018 02536 - 8 Force Mains 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 MEGLUGS (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. 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. ATTACHMENT D BID NO. 019-2821-19/IT 816 Boynton Beach Utilities – April 2018 02536 - 9 Force Mains 000,148 PSDL 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 ATTACHMENT D BID NO. 019-2821-19/IT 817 Boynton Beach Utilities – April 2018 02538 - 1 Sanitary Sewer System SECTION 02538 SANITARY SEWER SYSTEM 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Products C. Precast Manholes D. Sewer Laterals E. Bedding F. Installation G. Inspection and Testing 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01700 – Contract Closeout C. Section 02060 – Aggregate Materials D. Section 02082 – Public Manholes and Structures E. Section 02320 – Trenching and Excavation F. Section 02322 – Dewatering and Drainage G. Section 02324 – Backfill H. Section 02740 – Subgrade, Base Course and Asphalt I. Section 03300 - Cast-in-Place Concrete ATTACHMENT D BID NO. 019-2821-19/IT 818 Boynton Beach Utilities – April 2018 02538 - 2 Sanitary Sewer System 1.3 REFERENCES A. ASTM C14 - Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe B. ASTM C76 - Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe C. ASTM C443 - Standard Specifications for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets D. ASTM D3034 - Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings E. ASTM A746 - Standard Specification for Ductile Iron Gravity Sewer Pipe F. ASTM C564 - Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings G. ASTM D1785 - Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80 and 120 H. ASTM D2922 - Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) 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. ATTACHMENT D BID NO. 019-2821-19/IT 819 Boynton Beach Utilities – April 2018 02538 - 3 Sanitary Sewer System 1.5 SUBMITTALS A. Reinforcing steel, manhole locations, inlet locations, elevations, pipe, conduit, and any weir control structures, sizes and elevations of penetrations. B. Submit shop drawings for the following: 1. Precast Manhole (including reinforcing and joint), including Frame and Cover. 2. Precast Junction Box and conflict structure. C. Submit for the various types of pipe and fittings will be specified in the in Part 2 PRODUCTS below. 1.6 PROJECT RECORD DOCUMENTS A. Refer to Section SC01700 CONTRACT CLOSEOUT and SC01720 PROJECT RECORD DOCUMENTS for additional requirements. 1.7 REGULATORY REQUIREMENTS A. Conform to applicable Palm Beach County Health Department rules for installation of the Work of this section. 1.8 FIELD MEASUREMENTS A. Verify that field measurements and elevations are as indicated. 2 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 SEWER PIPE MATERIALS A. Polyvinyl Chloride (PVC) Pipe 1. C-900 SDR-18 ATTACHMENT D BID NO. 019-2821-19/IT 820 Boynton Beach Utilities – April 2018 02538 - 4 Sanitary Sewer System B. Polyvinyl Chloride (PVC) Pipe Fittings C. DUCTILE IRON PIPE 1. For Underground Installation: a. In general, thickness 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 A21.50, "American National Standard for the Thickness Design of Ductile Iron Pipe". Earth loads to be taken from the standard tables in the manual based on a minimum 150 psi working pressure, trench condition 2, width d + (2 feet) and depth of cover as shown on the profile drawings. b. Generally, joints for ductile iron pipe shall be push-on or mechanical type designed in accordance with ANSI A21.11 (AWWA C111) or ANSI A21.53 (AWWA C153). Joint lubrication shall be as furnished by the manufacturer. c. At certain locations restrained joints shall be used in accordance with the details on the project construction drawings as approved by the Project Manager and Engineer. 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. 2. Fittings for ductile iron pipe shall be manufactured of ductile iron and 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 250 psi working pressure. The lining of the fittings shall be as specified for the pipe. Joints for fittings 16-inches in diameter and under shall be ATTACHMENT D BID NO. 019-2821-19/IT 821 Boynton Beach Utilities – April 2018 02538 - 5 Sanitary Sewer System 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. 3. Lining: a. Smaller than 4-inches: The interior of ductile iron pipe and fittings 4-inches and smaller, shall be lined with a two-component coal tar epoxy. The lining shall be resistant to fatty oils, detergents, sewage generated hydrogen sulfide, and liquids in a pH range of 1-14. The lining shall be guaranteed against peeling. Lining shall meet the requirements of U.S. Corps of Engineers Specification C-200. Lining shall be applied to a thickness of at least 40 mils, tapering at the pipe ends where it shall be brushed on to at least a 10 mil thickness in the last 2-inches. b. 4-inches and larger: The interior of ductile iron pipe and fittings 4-inches and larger shall be ceramic epoxy lined (millage to be according to manufacturer specification) Ductile Iron Pipe (DIP). The epoxy coating shall cover the inner surface of the pipe extending from the plain or beveled end to the rear of the gasket socket. 4. Exterior Finish: a. For underground installation pipe and fittings shall have the standard bituminous coat on the exterior. 5. Corrosion Protection: a. For protection against corrosive soils in those areas designated by the Project Manager and Engineer, ductile iron pipe and fittings shall additionally be enclosed in a polyethylene sheet or tube and each length ATTACHMENT D BID NO. 019-2821-19/IT 822 Boynton Beach Utilities – April 2018 02538 - 6 Sanitary Sewer System joined with 2-inch wide polyethylene adhesive tape. The sheet or tube shall be made from polyethylene resin meeting the requirements of ASTM D1248 and shall be Type I, Class C, Category 5, Grade J-3 with minimum carbon black content of 2.5% and 8 mils thickness. The sheet or tube shall be in accordance with the provisions of ANSI A21.5 (AWWA C105). Methods shall be such as to minimize danger to the sheet also be used to repair tears or punctures. b. Installation of polyethylene encasement shall be in accordance with ANSI A21.5. D. DIP shall be required in the following circumstances: 1. Anytime a wastewater line passes under any other pipe with less than 12" clearance. (No joint within 10 feet of crossing potable/reclaimed water lines). 2. When a wastewater line passes over any potable/reclaimed water main regardless of separation and over the pipe with less than 12" clearance (No joint within 10 feet of crossing potable/reclaimed water lines). 3. When there is less than four (4) feet from finish surface to the invert of the pipe. Four and one half (4.5) feet to invert shall be the standard design depth. Less depth will not be accepted unless it is unavoidable and has prior approval from the Project Manger and Engineer. 4. Any time the wastewater line is separated horizontally (wall to wall) from a potable water main by less than six (6) feet or reclaimed water main by less than three (3) feet. 5. The last run of pipe into a wet well. 6. Inside bore & jack casings (with mechanical / restrained joint). ATTACHMENT D BID NO. 019-2821-19/IT 823 Boynton Beach Utilities – April 2018 02538 - 7 Sanitary Sewer System 2.3 PRECAST MANHOLES A. MANHOLES 1. Materials a. Concrete: 4,000 psi b. Reinforcement: i. All reinforcement shall be A.S.T.M A615, Grade 60 or 65 ksi welded wire fabric, either smooth or deformed. ii. Except when ACI hooks are specifically required, reinforcement top and slab shall be straight embedment. iii. All steel bars shall have 1-1/2" minimum cover unless otherwise shown 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 diameters at corners. c. Flexible Gasket: Ram Neck Seal d. Sanitary Sewer Manhole Coatings: i. Interior Coating: Manhole interior protection shall consist of the following approved processes: ThoRoc, Mainstay, Sewpercoat, Strong Seal or Refratta HAC 100 coating applied in the field.AGRU Sure-Grip or CHEM-REX ThoRoc. ii. Exterior Coating: CARBOLINE (Koppers) Bitumastic 300M Outside Structure: 1st coat red, 2nd coat black. Minimum thickness is 12 – 15 mils per coat or per manufacturer’s recommendations. e. Manhole Brick: ASTM C32-73, Grade MA, 3- hole. ATTACHMENT D BID NO. 019-2821-19/IT 824 Boynton Beach Utilities – April 2018 02538 - 8 Sanitary Sewer System f. Masonry Mortar: ASTM C270-82, Type M - Type II Cement. g. Manhole Frame and Cover: Traffic rated, conforming to U.S. Foundry No. 230-AB-M or approved equal. h. Manhole frames and covers shall be the Utility Department Standard as shown on the project construction drawings and of such quality and composition as will make the metal of the casing strong and tough and of even grain. They shall be smooth, free from scale, lumps, blisters and sand holes. No plugging or filling will be allowed. The words "SANITARY SEWER" shall be cast in the cover so as to be plainly visible. Frames and covers shall have a protective coating of black paint. All covers shall have a non-penetrating or concealed type pick hole. 2. Construction a. Manholes 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. b. Water stop shall be manhole manufacturer's standard. If the manufacturer does not have a standard, use a 4-inch wide, #10 gauge steel sheet, welded continuous through the joint. c. Joints shall be tongue and groove suitable for flexible Ram Neck seal gasket. d. Lifting hooks shall be used throughout. Lift holes will not be allowed. ATTACHMENT D BID NO. 019-2821-19/IT 825 Boynton Beach Utilities – April 2018 02538 - 9 Sanitary Sewer System e. Components of the manhole shall be free of fractures, cracks, and undue roughness. Concrete shall be free of defects, which indicate improper mixing or placing, and surface defects such as honeycomb or spalling. The Owner reserves the right to inspect manholes at the factory. 2.4 SEWER LATERALS AND CLEANOUTS A. PVC: Refer to the details on the project construction drawings. 2.5 MISCELLANEOUS 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. C. The installation of the 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 the BioBarrier is considered to be an incidental cost. 3 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 on project construction drawings. ATTACHMENT D BID NO. 019-2821-19/IT 826 Boynton Beach Utilities – April 2018 02538 - 10 Sanitary Sewer System 3.2 BEDDING A. Excavate pipe trench in accordance with Section 02320 TRENCHING AND EXCAVATION for work of this Section. Hand trim excavation for accurate placement of pipe to elevations indicated. Correct over excavation with fine aggregate. B. Place bedding material at trench bottom, level materials in continuous layer not exceeding 6 inches compacted depth, compact to 98 percent modified proctor. C. Backfill around sides and to top of pipe with cover fill, tamp in place and compact to 98 percent modified proctor for 0ne (1) foot above the top of pipe. Once this elevation has been achieved continue backfilling in accordance with Section 02324 BACKFILL. 3.3 INSTALLATION A. Pipe Installation: 1. Gravity wastewater lines shall be laid accurately to both line and grade. The Project Manager will generally not accept any line laid with a slope varying by more than 10% of its design slope especially for lines laid at minimum gradients. For specific instance the minimum acceptable slope of an 8" line shall be 0.40% if the design called for 0.44%. The design slope shall be 0.40% for replacement of existing lines, but in no case shall a replacement line slope be less than the existing slope. The Project Manager reserves the right to independently verify questionable survey results. Visible leakage deflections, horizontal misalignment, significant bowing, non-constant slopes between manholes and sagging joints shall each be grounds for rejection of lines. Certified verification by televising of line will be required by the Project Manager. 2. The minimum design depth of a PVC gravity wastewater line shall be 4.5 feet to invert. DIP ATTACHMENT D BID NO. 019-2821-19/IT 827 Boynton Beach Utilities – April 2018 02538 - 11 Sanitary Sewer System shall be placed for all lengths with less than 4.5 feet to invert in cases where this cannot be met and prior approval is obtained. 3. Trenches and excavations shall be kept dry while work is in progress. The contractor shall be responsible to ensure that all safety requirements are met. Unsuitable excavated material such as boulders, logs, and other deleterious material shall be removed from the site. The pipe barrel shall be uniformly supported along its entire length on undisturbed soil or bedding material. Proper bedding shall be supplied if the existing material includes rock, organic material, or other sharp or unsuitable material. 4. By-passing of sewage during construction shall be minimized. Wherever it is required to connect to existing facilities or test new treatment facilities after flows have been accepted, the work or tests shall be planned and scheduled so as to allow little or no bypassing of sewage. Such plans and schedule shall be submitted to the Engineer for approval by the proper authority before any bypassing takes place. The Contractor shall NOT intentionally discharge any wastewater into an unlined open trench during repairs or tie-in operations. 5. Where connecting to existing lines, it shall be done at such a time in such a manner to cause the least amount of interruption to the customer services and the handling of any "wet sewers" shall be in accordance with the regulations of the Palm Beach County Health Department. B. Manhole Installation: 1. Excavations for manholes and other structures shall be over-excavated and plastic filter fabric (Geotextile) of a sufficient size to envelope the rock support bed shall be placed in the bottom of the excavation. The rock support bed shall be 12-inch thick (or as specified on the project construction drawings) FDOT 57 rock and shall be placed prior to installing the structure. ATTACHMENT D BID NO. 019-2821-19/IT 828 Boynton Beach Utilities – April 2018 02538 - 12 Sanitary Sewer System Manholes 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. The manhole invert shall be carefully shaped to conform to the pipe flow channel. Flow channels within the manholes involving changes of direction or slide slopes shall smoothly direct the flow in accordance with detail drawings. All concrete irregularities shall be plastered with cement mortar in such a manner as to give neat and water-tight job. Manholes shall be core-drilled to provide pipe opening when precast hole is not available. 2. "Ram-nek" or equivalent shall be used at all riser joints. Structures with any leakage will not be accepted. 3. Brick used for risers, setting frames, and covers shall be 3-hole brick. C. INSTALLATION OF CONDUIT INTO INLET / STRUCTURE 1. The diameter for the pipe opening shall be 6 inches larger than the outside diameter of the pipe. The pipe shall penetrate the interior wall of the structure a minimum of 2-inches and shall be centered in the opening. After pipe is set, the annular space around the outside of the pipe and the wall of the structure shall be filled with a minimum of one (1) course of 3-hole brick and cement mortar or approved grout mix. D. Service Lateral Installation 1. Service lines shall be connected to the sewer lines by means of a wye fitting with a branch as shown on the standard drawings. The branch of the wye fitting will be elevated as directed depending on the depth of the sewer and the elevation of the property to be served. Eighth bends shall be used to connect the service line at the wye branch. Service lines shall be installed at such grades as will adequately serve the properties. ATTACHMENT D BID NO. 019-2821-19/IT 829 Boynton Beach Utilities – April 2018 02538 - 13 Sanitary Sewer System 2. Service lines shall extend from the sewer main to the property line and be reconnected to the existing building sewer line unless otherwise shown. Service lines shall be 6-inches with adaptors or reducers as required to make the tie in connection. 3. 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. E. Cleanouts 1. Material to be the same as service line. Configuration to be shown on the project construction drawings. Cleanouts that must be installed in traffic bearing areas require the approval of the Project Manager and Engineer on a case-by-case basis. When this configuration is approved, cleanouts shall be installed in “mini- manholes”. 2. Establish elevations and pipe inverts for cleanout wye inline connection before installation. 3. All road crossings and pavement cuttings shall be in accordance with the requirements of the City or Palm Beach County (if the project is located in their jurisdiction and within the Department's service area). 3.4 INSPECTION AND TESTING A. VISUAL INSPECTION: 1. Test for Displacement of Sewers: Sewer mains will be checked by Engineer to determine whether any displacement of pipe has occurred, after trench has been backfilled to 2 feet above pipe and tamped as specified. Light will be flashed between manholes, or, if manholes have not as yet been constructed, between locations of manholes, ATTACHMENT D BID NO. 019-2821-19/IT 830 Boynton Beach Utilities – April 2018 02538 - 14 Sanitary Sewer System by means of flashlight or by reflecting sunlight with a mirror. If illuminated interior of pipelines show poor alignment, displaced pipe, or any other defects, remedy as determined by the Engineer, the Contractor shall remedy at their expense. 2. Watertight Construction: It is imperative that all sewers and force mains, manholes, and service connections be built watertight and that the Contractor adhere rigidly to the specifications for material and workmanship. All of the sewage will be pumped for treatment and special care and attention must be given to securing watertight construction. B. STATIC HEAD PRESSURE TEST: 1. Contractor shall test all sewer lines for infiltration/exfiltration using a static-head pressure test. The maximum allowable leakage shall not exceed 200-gallons/inch pipe diameter per mile per 24-hour period. Once a system or system segment has passed the static head pressure test, the Contractor shall generate a Test Report, signed by the Contractor and Project Manager, for inclusion in the Project Record Documents. C. Final Inspection: 1. Inspection: Contractor shall clean and perform a T. V. inspection with video tape or DVD recording and log of the sewer line. All repairs shown necessary by the T. V. inspection are to be made, all deposits removed and the sewers left true to line and grade, clean and ready for use. All inspection costs shall be paid for by the Contractor. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 831 January 2013 02630 - 1 Storm Drainage SECTION 02630 STORM DRAINAGE ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02630) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 400 - Concrete Structures  Section 425 - Inlets, Manholes, and Junction Boxes  Section 430 - Pipe Culverts and Storm Sewers  Section 435 - Structural Plate Pipe and Pipe Arch Culverts  Section 440 – Underdrains  Section 901 – Course Aggregate In the event that this technical specification (02630) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Unit Price – Measurement and Payment B. Products C. Exfiltration Trench D. Installation E. Inspection and Testing ATTACHMENT D BID NO. 019-2821-19/IT 832 January 2013 02630 - 2 Storm Drainage 1.2 RELATED SECTIONS A. Section SC01025 - Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section SC01700 – Contract Closeout E. Section 02300 – Earthwork F. Section 02060 – Aggregate Materials G. Section 02082 – Public Manholes and Structures H. Section 02320 – Trenching and Excavation I. Section 02322 – Dewatering and Drainage J. Section 02324 - Backfill K. Section 02371 - Riprap and Rock Lining L. Section 02740 – Subgrade, Base Course and Asphalt M. Section 03300 - Cast-in-Place Concrete 1.3 REFERENCES A. Florida DOT Standard Specifications for Road and Bridge Construction cited at the beginning of this section. B. AASHTO MP6, ASTM D2412, and/or AASHTO M294 Type S, or M252 Polyethylene piping C. AASHTO M196 – Standard Specification for Corrugated Aluminum Alloy Culverts and Underdrains D. ASTM A444/A444M Steel Sheet, Zinc Coated (Galvanized) by the Hot Dip Process for Storm Sewer and Drainage Pipe E. ASTM C14 - Standard Specifications for Concrete Sewer, storm Drain, and Culvert Pipe ATTACHMENT D BID NO. 019-2821-19/IT 833 January 2013 02630 - 3 Storm Drainage F. ASTM C76 - Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe G. ASTM C443 - Standard Specifications for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets 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. Inlets / Structures – Refer to Section 02082 PUBLIC MANHOLES AND STRUCTURES. B. Submit per Section SC01340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES shop and manufacturer’s drawings and catalog cut sheets for the various pipe, fittings and gaskets as well as FDOT No. 4 and FDOT No. 57 stone and geotextile as identified in Part 2 PRODUCTS below. 1.6 SUBMITTALS FOR PROJECT CLOSEOUT A. Refer to Section SC01700 CONTRACT CLOSEOUT and SC01720 PROJECT RECORD DOCUMENTS for additional requirements. ATTACHMENT D BID NO. 019-2821-19/IT 834 January 2013 02630 - 4 Storm Drainage 2 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. 2.1 INLETS, JUNCTION BOXES, MANHOLES and CONFLICT STRUCTURES A. Refer to Section 02082 PUBLIC MANHOLES AND STRUCTURES. 2.2 Reinforced Concrete Pipe (RCP): The pipe shall conform with the requirements of Table III of ASTM C-76-82b, and to the FDOT Specifications, 2010, Section 430. Bell and spigot with round rubber gasket shall be required. Fittings for RCP shall be of the same strength as the adjoining pipe; tongue-and-groove gasketed joints shall comply with ASTM C- 443. 2.3 Corrugated Metal Pipe (CMP): The pipe shall conform to the requirements of AASHTO M-196 with bituminous coating, and with the FDOT Specifications, 2010, Section 943. If aluminum pipe is used (ALCMP), the pipe shall conform with the requirements of AASHTO M-196 and to the FDOT Specifications, 2010, Section 945. Installation of Corrugated Metal Pipe: All joints on storm sewer pipe shall be made up with either 1/2" neoprene or 1/4" strip sealant gasketed material. All bands shall have the same corrugated design as the pipe. Width of the bands shall be as follows: 12" up to 48" diameter pipe, 24" over 48" diameter pipe. 2.4 High Density Polyethylene Pipe (HDPE): Provide high-density polyethylene smooth interior pipe with annular exterior corrugation. Provide pipe fittings and accessories of same material and weight/class as pipes, with joining method as indicated. For systems identified as “water tight”, special pipe-to-structure water-stop gaskets are required and must be included in the applicable shop drawing package. ATTACHMENT D BID NO. 019-2821-19/IT 835 January 2013 02630 - 5 Storm Drainage All materials shall comply with AASHTO MP-6, ASTM D 2412, and/or AASHTO M 294, Type S, or M 252. All pipe and fittings shall be as manufactured by Advance Drainage Systems, Inc., "HI-Q" as manufactured by Hancor, Inc., or as approved by the Project Manager. 2.5 EXFILTRATION TRENCH A. The exfiltration trench (or drainfield) may use either slotted concrete pipe, perforated metal pipe or perforated PVC or HDPE pipe as the distribution conduit within the trench. All perforations / slots shall be in conformance with the applicable FDOT index. Perforated / slotted pipe shall terminate five (5) feet from the inlet / structure with the final five (5) feet of pipe being solid. B. Trench rock shall be FDOT No. 4 stone washed . The trench shall be lined on all sides with a plastic filter fabric (Geotextile) and shall comply with FDOT Specifications. 1. FDOT No. 4 Stone (naturally occurring material) i) FDOT No. 4 Stone, specified for exfiltration systems shall be purchased as a “washed” stone. Additionally, after being received on site, the material shall be thoroughly washed again to remove all fines adhearing to the gravels such that the product has not more than 1% by weight passing the US Standard No. 4 Sieve, and not more than 0.1% passing the US Standard No. 40 Sieve. The site stockpiles shall be monitored and tested to assure that the amount of fines is maintained at or below this threshold. 2. FDOT 57 Stone (naturally occurring material) 2.6 OUTFALLS A. Construct cast-in-place or precast concrete as indicated on the project construction drawings, with reinforced headwall or mitered end section, apron, and tapered sides. Provide rip-rap as indicated to prevent washout from outfall discharge. ATTACHMENT D BID NO. 019-2821-19/IT 836 January 2013 02630 - 6 Storm Drainage 2.7 BEDDING AND COVER MATERIALS A. Refer to Section 02324 BACKFILL 2.8 MISCELLANIOUS A. The installation of the pipe segments and/or structures, where moderate to significant root intrusion could be a factor, the Contractor shall furnish and install Bio-Barrier (or approved equal) as a root barrier as directed by the Project Manager and Engineer. Furnishing and installing the BioBarrier is considered to be incidental to the cost. 3 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 on project construction drawings. Refer to Section 02320 TRENCHING AND EXCAVATION for trench widths. 3.2 INSTALLATION A. Pipelines: 1. Gravity stormwater lines shall be laid accurately to both line and grade. The Project Manager will generally not accept any line laid with a slope varying by more than 15% of its design slope, especially for lines laid at minimum gradients where scouring velocity cannot be achieved. The Project Manager reserves the right to independently verify questionable as-built survey results. Visible leakage (unless designed for a percolation system), deflections, horizontal misalignment, vertical joint sagging shall be grounds for rejection of the storm lines. 2. As soon as the excavation is complete to normal grade of the bottom of the trench, granular ATTACHMENT D BID NO. 019-2821-19/IT 837 January 2013 02630 - 7 Storm Drainage material bedding shall be placed and graded to provide continuous support for the pipe. The pipe shall be laid accurately to the lines and grades indicated on the Drawings. Blocking under the pipe will not be permitted. 3. Pipe joints shall be wrapped with an overlapping layer of geotextile material. 4. Initial backfill shall be placed evenly on each side of the pipe in 6-in lifts and hand tools shall be used where needed to give firm continuous support for the pipe. For pipe diameters that are designated as 24-inch and greater, the initial backfill shall be placed in two (2) lifts to the spring-line of the pipe, each lift thoroughly compacted and density tested. The next section to be backfilled shall be to the top of the pipe, in two (2) lifts, thoroughly compacted and each lift density tested. 5. The final backfill to 3 feet above the pipe shall be placed in 1-ft layers and carefully compacted. The compaction shall be done evenly on each side of the pipe and motorized compaction equipment shall not be operated directly over the pipe until sufficient backfill has been placed to ensure that such compaction equipment will not have a damaging effect on the pipe. 6. When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, moveable sheeting, shoring or plates shall not be allowed to extend below top of the pipe. If trench boxes, moveable sheeting, shoring or plates have been installed below the top of the pipe, they shall be moved slowly taking care not to disturb pipe, bedding or backfill. As trench boxes, moveable sheeting, shoring or plates are moved, pipe backfill shall be placed to fill any voids created and the backfill shall be re-compacted and density tested ATTACHMENT D BID NO. 019-2821-19/IT 838 January 2013 02630 - 8 Storm Drainage to provide and confirm uniform side support for the pipe. 7. The minimum design depth and the minimum cover of a stormwater line shall be as shown on the project construction drawings. Project Manager prior approval shall be obtained if either of these minimums cannot be met. 8. Trenches and excavations shall be kept dry while work is in progress. The Contractor shall be responsible to ensure that all safety requirements are met. Unsuitable material such as boulders and logs shall be removed from the site. The pipe barrel shall be uniformly supported along its entire length on undisturbed soil or bedding material. Proper bedding shall be supplied if the existing material includes rock, organic material or other sharp or unsuitable material. 9. The backfill, compaction and density information provided above is a general narrative of the process, refer to Section 02324 BACKFILL for specific backfill, compaction and density testing procedures and requirements. B. INLET / STRUCTURE INSTALLATION (STORMWATER) 1. Structures shall be set to the pipe grade firm and plumb in the location(s) shown on the project construction drawings. Excavations for inlets and other stormwater structures shall be over- excavated and plastic filter fabric (Geotextile), of a sufficient size to envelope the rock support bed shall be placed in the bottom of the excavation, then place a 12 inch thick (or as specified on the project construction drawings) FDOT No. 4 or FDOT No. 57 stone support bed, wrap and overlap the geotextile and then install the structure. Joints shall be cleaned, primed and the required gasket or sealant applied as recommended by the manufacturer. Voids remaining in the joint shall be caulked with anhydrous cement grout on both the inside and outside to make a smooth watertight joint seal. ATTACHMENT D BID NO. 019-2821-19/IT 839 January 2013 02630 - 9 Storm Drainage 2. Structures shall be located along the center line of the swale and parallel to the edge of roadway and/or sidewalk. In the event of a design “bust”, final grate elevation shall be 0.10 of a foot lower that the adjacent final grade of the roadway or sidewalk, whichever is lower. 3. Backfill, compaction and density testing shall be in accordance with Section 02324 BACKFILL. C. INSTALLATION OF CONDUIT INTO INLET / STRUCTURE 1. The diameter for the pipe opening shall be 6 inches larger than the outside diameter of the pipe. The pipe shall penetrate the interior wall of the structure a minimum of 2-inches and shall be centered in the opening. After pipe is set, the annular space around the outside of the pipe and the wall of the structure shall be filled with a minimum of one (1) course of 3-hole brick and cement mortar or approved grout mix. Drainage systems designated as water tight shall have approved gaskets and/or water-stop fittings at all pipe-to-structure joints. 2. If inlet / structure contains a weir or other water elevation control structure, the weir wall shall incorporate the bleed down orifice with the opening bottom set at the normal control elevation. The top of the weir wall shall be set at the design. G. FRAMES AND COVERS 1. The manhole, inlet and structure frames and covers shall be set firmly in place with 3-hole brick and cement 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" above the finished grade in unpaved areas, unless shown otherwise on the project construction drawings. H. Swales shall be developed and/or improved as shown on the project construction drawings. ATTACHMENT D BID NO. 019-2821-19/IT 840 January 2013 02630 - 10 Storm Drainage 3.3 INSPECTION AND PIPE TESTING A. Testing of all HDPE pipe shall be as follows: 1. Allowable Deflection Test a. Pipe deflection measured not less than 45 days after the backfill has been completed as specified shall not exceed 5 percent of the pipe's base inside diameter as defined in AASHTO M-294 and as required by FDOT Section 430. b. Deflection for pipe diameters 36 inches and less shall be measured with a rigid mandrel (Go/No-Go) device cylindrical in shape and constructed with evenly spaced arms or prongs. The dimensions of the mandrel will be field verified by the Engineer. The mandrel shall be hand-pulled through all pipelines. Mandrels used for large diameter pipe need to be modified to be installed within the dimensions of the manhole and manhole openings. c. Any section of pipe not passing the mandrel shall be uncovered at no additional cost to the Owner and the bedding and backfill replaced to prevent excessive deflection. Repaired pipe shall be retested. B. VISUAL INSPECTION: 1. Upon completion of the installations, the system shall be flushed thoroughly to remove dirt and other foreign matter. 2. Storm drainage conduits shall be internally inspected by any combination of the following methods, i.e., confined space entry and physical measurements taken or lamping. The Contractor shall be responsible for providing all necessary actions and equipment for confined space entry. If the internal inspection shows poor pipe alignment, deflected, deformed or displaced pipe, ATTACHMENT D BID NO. 019-2821-19/IT 841 January 2013 02630 - 11 Storm Drainage or any other defects, the Contractor at their expense shall correct these defects. 3. At the Project Manager’s discretion, portions of or the entire system may be televised by the Utilities Department. If the televised pipelines show poor alignment, deflected, deformed or displaced pipe or any other defects, the Contractor at their expense shall correct these defects. 4. Upon completion of the storm water improvements and corresponding roadway, under the observation of the Project Manager, the Contractor shall utilize either their water truck or City fire hydrants (with Contractor’s temporary water meter installed) to thoroughly flood the roadway to verify drainage flow lines. Correction of incorrect flow lines (not corresponding to the grades and lines shown on the construction plans) and any birdbaths is the responsibility of the Contractor (at their expense). END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 842 November 2011 Boynton Beach Utilities – April 2018January 2013 02668-1 Valves and Appurtenances Formatted: Normal, Line spacing: At least 12 pt, Tab stops: 3", Left Formatted: Font: (Default) Courier New SECTION 02668 VALVES AND APPURTENANCES PART 1 – GENERAL NOTE: THIS SPECIFICATION IS TO BE REVIEWED AND REVISED AS APPROPRIATE BY THE CITY’S DESIGN PROFESSIONAL FOR THE SPECIFIC PROJECT. 1.1 PERFORMANCE A. Section generally defines Contractors responsibilities unless otherwise indicated, for the following: 1. Gate Valves 2. Butterfly Valves 3. Air Release Valves 3.4. Valve Boxes 1.2 RELATED SECTIONS A. All of Division 1. B. Section 02320 – Trenching and Excavation. C. Section 02324 – Backfill. D. Section 02446 – Directional Drilling and Pipe Sleeves E. Section 02513 – Public Water & Reclaimed Water Distribution Systems F. Section 02536 – Force Mains 1.3 REFERENCES A. ANSI/AWWA C104/A21.4 (Latest Revision) - Cement mortar lining for ductile iron pipe and fittings for water and reclaimed water. B. ANSI/AWWA C110/A21.10 (Latest Revision) - Ductile iron and grey iron fittings 3 inch through 48 inch for water and other liquids. C. ANSI/AWWA C111/A21.11 (Latest Revision) - Rubber gasket joints for ductile iron and grey iron pressure pipe and fittings. D. ANSI/AWWA C600 (Latest Revision) - Installation of ductile iron water mains and appurtenances. Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Bullets and Numbering ATTACHMENT D BID NO. 019-2821-19/IT 843 November 2011 Boynton Beach Utilities – April 2018January 2013 02668-2 Valves and Appurtenances Formatted: Normal, Line spacing: At least 12 pt, Tab stops: 3", Left Formatted: Font: (Default) Courier New E. ANSI/AWWA C153/A21.53 (Latest Revision) – Ductile Iron Compact Fittings for Water and Reclaimed Services. PART 2 - PRODUCTS 2.1 MATERIALS A. Gate Valves: 1. Gate valves, unless otherwise specified or approved, shall be ductile iron body, resilient seat gate valves with mechanical joints conforming to the AWWA standard specifications for gate valves for ordinary water works service, designation C509, in so far as applicable. 2. Gate valves shall be as manufactured by Mueller, American or approved equal. 3. Buried gate valves shall be non-rising stem type with 2 inch square cast iron wrench nuts. 4. Face to face dimension shall conform to ANSI standard face to face and end to end dimensions of ferrous valves, (ANSI B16.10) for 125-pound cast-iron valves. 5. Hand wheels or chain wheels shall be turned counter clockwise to open the valves. Hand wheels shall be of ample size and shall have an arrow and the word "open" cast thereon to indicate the direction of opening. 6. Stuffing box follower bolts shall be of brass and the nuts shall be of bronze. 7. Where required, gate valves shall be provided with a box cast in a slab and a box cover. 8. Box cover opening shall be for valve stem and nut. Valve wrenches and extension stems shall be provided by the manufacturer to actuate the valves. B. Butterfly Valves: 1. Butterfly valves for water working pressures up to 150 psi shall conform to ANSI/AWWA C504 – Rubber Seated Butterfly Valves, subject to the following requirements. Valves shall be of the size and class indicated and, unless otherwise ATTACHMENT D BID NO. 019-2821-19/IT 844 November 2011 Boynton Beach Utilities – April 2018January 2013 02668-3 Valves and Appurtenances Formatted: Normal, Line spacing: At least 12 pt, Tab stops: 3", Left Formatted: Font: (Default) Courier New shown, shall be short-bodied. Flanged valves for interior and exposed piping shall have ANSI 125- lb flanges. Valves for buried services shall have mechanical join body design. Shaft seals shall be designed for use with standard split-V type packing, or other acceptable seal. The interior passage of butterfly valves shall not have any obstructions or stops. The seats shall be positively clamped or bonded into the disc or body of the valve, but cartridge-type seats which rely on a high coefficient of friction for retention shall not be acceptable 2. Manual Actuators: Unless otherwise indicated, all manually-actuated butterfly valves shall be equipped with a 2-inch square actuating nut. Screw-type (traveling nut) actuators will not be permitted for valves 30-inches in diameter and larger. 3. Worm Gear Actuators: Valves 30-inches and larger, as well as all submerged and buried valves, shall be equipped with worm-gear actuators, lubricated and sealed to prevent entry of dirt or water into the housing. 4. Manufacturers, or Approved Equal shall be per Handbook Exhibit “D”: a. Mueller Lineseal III b. M & H 450 c. Keystone 504, 506 d. Pratt Groundhog e. DeZurik 250B 5. All exposed butterfly valves shall be installed with a means of removing the complete valve assembly without dismantling the valve or operator. C. Air Release Valves: 1. The air release valves shall be installed as shown on the drawings and shall be the automatic type. 2. Air release valves shall have a cast iron body, cover and baffle, stainless steel float, bronze water diffuser Buna-N or Viton seat and stainless steel trim. 3. Air release valves shall be provided with a vacuum check to prevent air from re-entering the Formatted: Indent: First line: 0", Line spacing: single ATTACHMENT D BID NO. 019-2821-19/IT 845 November 2011 Boynton Beach Utilities – April 2018January 2013 02668-4 Valves and Appurtenances Formatted: Normal, Line spacing: At least 12 pt, Tab stops: 3", Left Formatted: Font: (Default) Courier New line. 4. Air release valve fittings shall be threaded. 5. Air release valves shall be as manufactured by Valmatic, Crispin, Apco or approved equalper Handbook Exhibit “D”. 6. Air release valve manholes shall be precast concrete and shall conform to ASTM C478 and ASTM C-76, latest revision, Class II, Wall B, Type II Portland Cement, 4,000 psi. Steel reinforcing shall conform to ASTM A 185. Walls shall be 8” minimum. Manholes shall have a minimum 7 day cure time prior to delivery. Any visible reinforcing or honeycombing shall be cause for rejection. The base slab and first ring of the manhole shall be cast monolithically. The minimum diameter of the MH shall be 48” with a 22- ¼ ” frame and cover. The interior of the MH shall be coated with the high solids epoxy compound REZCLAD 125Swith the high solids epoxy compound REZCLAD 125S in strict accordance with the manufacturer's instructions. The exterior of the MH shall be coated with two coats of an approved coal tar epoxy (Koppers 300-M or approved equal). The frame shall have a 30” opening. The cover shall be two piece and shall have the words “POTABLE Water WATER ARV”, “RECLAIMED WATER ARV” or “Sanitary SewerFORCE MAIN ARV” (as applicableappropriate) cast into it. Cover and frame shall be US Foundry & Mfg. Corp. Model # 690-AG-M or approved equal. For offset air release valves and/or tangential offset air/vacuum combination valves manholes, use 32” diameter safetely ventilated hinged manhole cover by PAMREX or approved equal. CD. Valve Boxes: 1. All buried valves shall have cast iron two piece valve boxes with cast iron covers. 2. Valve boxes shall be provided with suitable heavy bonnets and will extend to an elevation at or slightly above the finished grade surface as directed by the Engineer. 3. The barrel shall be one or two piece, screw type, having a 5-1/4 inch shaft diameter. 4. Covers shall have “Water”, “ReclaimedReuse” or "Sewer" cast into the top and shall be painted the corresponding color (blue, pantone purple or Formatted: Font color: Auto Formatted: Font color: Auto ATTACHMENT D BID NO. 019-2821-19/IT 846 November 2011 Boynton Beach Utilities – April 2018January 2013 02668-5 Valves and Appurtenances Formatted: Normal, Line spacing: At least 12 pt, Tab stops: 3", Left Formatted: Font: (Default) Courier New green) for the pipe commodity that they are for. 5. All valves shall have actuating nuts extended to within six inches of the top of valve box cover. ATTACHMENT D BID NO. 019-2821-19/IT 847 November 2011 Boynton Beach Utilities – April 2018January 2013 02668-6 Valves and Appurtenances Formatted: Normal, Line spacing: At least 12 pt, Tab stops: 3", Left Formatted: Font: (Default) Courier New PART 3 - EXECUTION NOT USED END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 848 Boynton Beach Utilities – April 2018 02730 - 1 Milling of Existing Asphalt Pavement SECTION 02730 MILLING OF EXISTING ASPHALT PAVEMENT ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02730) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 327 – Milling of Existing Asphalt Pavement In the event that this technical specification (02730) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SCOPE The work specified in this Section consists of removing existing asphaltic concrete pavement by milling to improve the rideability of the finished pavement, to lower the finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement. When milling to improve rideability, an average depth of cut will be specified in the plans. Unless otherwise specified, the milled material becomes the property of the Contractor. 1.2 REFERENCES Florida Department of Transportation - Standard Specifications for Road and Bridge Construction (Latest Edition). ATTACHMENT D BID NO. 019-2821-19/IT 849 Boynton Beach Utilities – April 2018 02730 - 2 Milling of Existing Asphalt Pavement 2 PART 2 EQUIPMENT 2.1 MILLING MACHINE The milling machine shall be capable of maintaining a depth of cut and cross slope that will achieve the results specified in the plans and specifications. The overall length of the machine (out to out measurement excluding the conveyor) shall be a minimum of 18 feet. The minimum cutting width shall be six feet. The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the specified results. Any commercially manufactured milling machine meeting the above requirements will be approved to start the project. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results, the milling machine will be rejected for further use. When milling to lower the grade adjacent to existing curb or other areas where it impractical to use the above described equipment, the use of a smaller milling machine will be permitted. The milling machine shall be equipped with means to effectively limit the amount of dust escaping the removal operation. For complete pavement removal, the use of alternate removal and crushing equipment, in lieu of the equipment specified above, may be approved by the Engineer. 3 PART 3 EXECUTION 3.1 CONSTRUCTION When milling to improve rideability, the existing pavement shall be removed to the average depth specified in the plans, in a manner that will restore the pavement surface to a uniform cross section and longitudinal profile. The Project Engineer may require the use of a stringline to ensure maintaining the proper alignment. ATTACHMENT D BID NO. 019-2821-19/IT 850 Boynton Beach Utilities – April 2018 02730 - 3 Milling of Existing Asphalt Pavement The contractor may elect to make multiple cuts to achieve the required pavement configuration or depth of cut. The milling machine shall be operated to effectively minimize the amount of dust being emitted from the machine. Pre- wetting of the pavement may be required. If traffic is to be maintained on the milled surface prior to the placement of the new asphaltic concrete, the pattern of striations shall be such as to produce an acceptable riding surface. Prior to opening an area which has been milled to traffic, the pavement shall be thoroughly swept with a power broom or other approved equipment to remove to the greatest extent practicable, fine material which will dust under traffic. This operation shall be conducted in a manner so as to minimize the potential for creation of a traffic hazard and to minimize air pollution. Sweeping of the milled surface with a power broom will be required prior to placing asphaltic concrete. In urban and other sensitive areas where dust would cause a serious problem, the Contractor shall use a street sweeper (using water) or other equipment capable of removing and controlling dust. Approval of the use of such equipment is contingent upon its demonstrated ability to do the work. To prevent, to the greatest extent practicable, the infiltration of milled material into the storm sewer system when the milling operation is within the limits of and adjacent to a municipal curb and gutter or a closed drainage system, the sweeping operation shall be performed immediately after the milling operations or as directly by the Engineer. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 851 January 2014 02734- 1 FLOW BYPASS PUMPING SYSTEM SECTION 02734 FLOW BYPASS PUMPING SYSTEM PART 1 - 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 hr. 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 ATTACHMENT D BID NO. 019-2821-19/IT 852 January 2014 02734- 2 FLOW BYPASS PUMPING SYSTEM 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 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 ENGINEER 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. ATTACHMENT D BID NO. 019-2821-19/IT 853 January 2014 02734- 3 FLOW BYPASS PUMPING SYSTEM 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. Plan indication selected location of bypass pumping line and air valve locations. 18. Inventory of disinfection materials in case of spillage. 19. Description of 24 hr/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 hr. of notification of a problem. 21. Locations of all existing utilities. 22. Pre-construction photos and video of the by-pass 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. ATTACHMENT D BID NO. 019-2821-19/IT 854 January 2014 02734- 4 FLOW BYPASS PUMPING SYSTEM 1.05 MAINTENANCE A. Maintenance Service: Ensure that the temporary pumping system is properly maintained and that a responsible operator is on call at all 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 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. ATTACHMENT D BID NO. 019-2821-19/IT 855 January 2014 02734- 5 FLOW BYPASS PUMPING SYSTEM 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 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 ATTACHMENT D BID NO. 019-2821-19/IT 856 January 2014 02734- 6 FLOW BYPASS PUMPING SYSTEM 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 to 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 preventor. 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 ATTACHMENT D BID NO. 019-2821-19/IT 857 Boynton Beach Utilities – April 2018 02740 - 1 Subgrade, Base Course and Asphalt SECTION 02740 SUBGRADE, BASE COURSE AND ASPHALT ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02740) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 160 – Stabilizing  Section 165 - Lime-Treated Subgrade  Section 200 - Limerock Base  Section 210 - Reworking Limerock Base  Section 230 - Limerock Stabilize Base  Section 250 - Shell Base  Section 260 - Shell Stabilized Base  Section 913 – Shell Material  Section 913A – Shell-Rock Material  Section 914 – Stabilization Materials  Section 285 - Optional Base Course  Section 330 - Hot Bituminous Mixtures - General Construction Requirements  Section 331 - Type S Asphaltic Concrete  Section 332 - Type II Asphaltic Concrete  Section 333 - Type III Asphaltic Concrete  Section 334 – Superpave Asphalt Concrete  Section 335 - Sand-Asphalt Hot Mix  Section 337 - Asphaltic Concrete Friction Courses  Section 339 - Miscellaneous Asphalt Pavement  Section 706 – Raised Retro-Reflective Pavement Markers and Bituminous Adhesive  Section 709 – Traffic Stripes and Markings – Two Reactive Components  Section 710 – Painting Traffic Stripes  Section 711 – Thermoplastic Traffic Stripes and Markings In the event that this technical specification (02740) is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards, ATTACHMENT D BID NO. 019-2821-19/IT 858 Boynton Beach Utilities – April 2018 02740 - 2 Subgrade, Base Course and Asphalt or with specific requirements by the County or FDOT, it is the responsibility of the Contractor to request clarification or resolution, in writing, from the Project Manager and Engineer. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Unit Price – Measurement and Payment B. Submittals C. Products D. Execution including examination, excavation, subgrades and base course E. Overlay Operations F. Striping, Reflective Pavement Markers (RPMs) and Roadway Signage G. Field Quality Control 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section SC01410 – Testing Laboratory Services E. Section SC01700 – Contract Closeout F. Section 02060 – Aggregate Materials G. Section 02322 – Dewatering and Drainage 1.3 REFERENCES A. The references to "Standard Specifications" shall mean the Florida Department of Transportation ATTACHMENT D BID NO. 019-2821-19/IT 859 Boynton Beach Utilities – April 2018 02740 - 3 Subgrade, Base Course and Asphalt Standard Specifications cited above except for those paragraphs referring to Measurement and Payment. B. AASHTO M216 - Standard Specification for Lime for Soil Stabilization C. AI MS-2 - Mix Design Methods for Asphalt Concrete and Other Hot-Mix Types D. ASTM D946 - Standard Specification for Penetration-Graded Asphalt Cement for Use in Pavement Construction E. ASTM C977 - Standard Specification for Quicklime and Hydrated Lime for Soil Stabilization F. TAI - (The Asphalt Institute) - MS-8 Asphalt Paving Manual G. NLA (National Lime Association) Bulletin 326 - Lime Stabilization Construction Manual 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Refer to Section SC01025 MEASUREMENT AND PAYMENT 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. The job mix formula including the prime and tack coat, materials (including RPMs), and construction methods shall be submitted to the Engineer for approval before paving begins. Refer to Section SC01340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES for additional requirements. B. Rock Record Drawings 1.6 QUALITY ASSURANCE A. The Contractor will employ a testing laboratory to evaluate the materials delivered to and placed at the site. B. Certificates of material compliance, signed by material supplier and Contractor, may be submitted in lieu of material testing when acceptable to the Engineer and Project Manager. ATTACHMENT D BID NO. 019-2821-19/IT 860 Boynton Beach Utilities – April 2018 02740 - 4 Subgrade, Base Course and Asphalt 1.7 PROJECT CONDITIONS A. Grade Control: Establish and maintain required lines and elevations. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Lime: 1. Lime used as a stabilizing material: ASTM C207 Type N. B. Limerock Base: 1. Limerock as stabilizing material or base coarse shall be to a compacted depth of at least 8 inches and shall consist of fossiliferous limestone of uniform quality, and shall not contain hard or flinty pieces that will prevent attainment of a smooth pavement surface free from pits and pockets. At the Contractor's option, either Ocala limerock or Miami Oolite limerock may be used, but only one type may be used on this Project. 2. Limerock shall be composed of not less that 70% of carbonates of calcium and magnesium, and not more than 3% of water-sensitive clay mineral. C. Shell Base: 1. Shell as a stabilizing material or base course shall be to a compacted depth of at least 8 inches and shall be of mollusk family (i.e. oysters, mussels, clams, or cemented coquina). Steamed shell will not be permitted. 2. At least 50% (by weight) of the total material shall be retained on a No. 4 sieve. Not more than 7.5 % (by weight) of the total material passing the No. 200 sieve shall be removed by washing and the remainder shall consist of shell particles, chert and sand. ATTACHMENT D BID NO. 019-2821-19/IT 861 Boynton Beach Utilities – April 2018 02740 - 5 Subgrade, Base Course and Asphalt D. Prime/Tack Coat: The bituminous material to be used for prime/tack coats shall be either Cut-back Asphalt, Grade RC-70 or RC-250, or emulsified asphalt grades as specified in Section 300-2.1 of the "Standard Specifications" and approved by the Engineer. Materials shall conform to "Standard Specifications", Section 916 and the AASHTO requirements specified therein. E. Asphaltic Concrete Surface Course: 1. Asphaltic concrete surface course Superpave, Type S, S-I, S-II and S-III shall be composed of a mixture of aggregate, mineral filler and asphalt cement. Other types will be considered if not specified on the construction plans. Type should match adjacent existing pavement type if the Project requires restoration and not total resurfacing. 2. The job mix formula, size and percent of aggregates shall be as specified in the "Standard Specifications". 3 PART 3 EXECUTION 3.1 EXAMINATION A. Contractor must examine the site conditions and assure themselves that all proceeding construction activities are complete and the area is ready, as applicable, for stabilizing, application of base course and/or asphalt. B. Paver must examine the areas and conditions under which paving is to be installed. Notify the Contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Paver. 3.2 EXCAVATION ATTACHMENT D BID NO. 019-2821-19/IT 862 Boynton Beach Utilities – April 2018 02740 - 6 Subgrade, Base Course and Asphalt A. Excavation shall be as required for the subgrade and cross section as shown on the project construction drawings. All suitable materials removed from the excavation shall be used as far as practicable in the formation of embankments, subgrades, and shoulders, and in such other places as directed by the Engineer. No excavated material shall be wasted without permission and where necessary to waste such material, it shall be disposed of in the locations directed by the Engineer. Muck and other unsuitable material shall be removed and replaced with suitable material. All material used shall be free of stumps, roots, brush, sod, rubbish, rocks or other unsuitable material. 3.3 SUBGRADES A. Subgrade construction shall consist of bringing the bottom of excavations and top of embankments of the roadway, between the outer limits of the paving or base course, to a surface conforming to the grades, lines and cross sections shown on the drawings, of uniform density, ready to receive the base course. The entire subgrade in both cuts and fills shall be thoroughly plowed and mixed to a depth of at least 12 inches below grade. B. The limits of the roadbed included in the designation of subgrade shall be as shown in the profile shown on the project construction drawings. The lines and grades shall be established by the Contractor as shown on the drawings and shall be maintained by means of grade stakes placed in lines parallel to the centerline of the area to be paved and spaces so that string lines may be stretched between the stakes. C. At least 6 inches (loose measurement) of a suitable commercial stabilizing material shall be mixed into the subgrade for stabilization in accordance with the "Standard Specifications", Section 160 and 230. The Florida Bearing Value (FBV) shall be 75 pounds. Density tests will be paid for by Contractor except for additional tests requested by the Project Manager and/or Engineer. D. After the subgrade has been prepared, it shall be kept free from ruts, depressions and any damage ATTACHMENT D BID NO. 019-2821-19/IT 863 Boynton Beach Utilities – April 2018 02740 - 7 Subgrade, Base Course and Asphalt resulting from the hauling or handling of tools and equipment. 3.4 BASE COURSE A. Limerock or Shell: 1. Base material shall be dumped on the end of the preceding spread without dumping or hauling directly on the sub-grade. Equipment for spreading and grading shall be as specified in Section 200 and 250 of the "Standard Specifications". After the spreading is completed, the entire surface shall be scarified and then shaped to produce the required grade and cross section after compaction. Water shall be added as required to obtain the specified density. B. If, at any time, the subgrade material should become mixed with the base course material, the Contractor shall, without additional compensation, dig out and remove the mixture, reshape and compact the subgrade, and replace the materials removed with clean base material which shall be shaped and compacted as specified above. C. The completed base course shall be thoroughly cured before the prime coat or wearing surface is laid. The prime coat shall be applied only when the moisture content of the base does not exceed 90% of the optimum moisture for the base material. The Contractor shall maintain the base course to a true and satisfactory surface until the first lift of asphalt is laid. D. After completion of compaction, the surface of the base course shall be checked with a template cut to the required crown, and the thickness shall be checked by borings. Any surface irregularities in excess of 1/4 inch or any deficient thickness shall be corrected by scarifying and adding material after which the entire area shall be re-compacted and examined. ATTACHMENT D BID NO. 019-2821-19/IT 864 Boynton Beach Utilities – April 2018 02740 - 8 Subgrade, Base Course and Asphalt 3.5 SURFACE PREPARATION A. Overlay Operations 1. Mill all keyways and areas as shown on the project construction drawings. 2. Remove all loose material from existing asphalt surface immediately before applying prime coat. 3. Tack Coat: Apply at the rate of 0.02 to 0.08 gallon per sq. yd., over existing asphalt surface. Application of tack coat shall be immediately before overlay operations. B. Roadway Construction 1. Proof roll prepared base course surface to check for unstable areas and areas requiring additional compaction. 2. Remove all loose material from compacted base surface immediately before applying prime coat. 3. Prime Coat: Apply at the rate of 0.35 to 0.40 gallon per sq. yd., over compacted base course. Apply material to penetrate and seal, but not flood, surface. Apply a light uniform cover of sand and allow to cure. Unless approved by the Project Manager, application of prime coat shall be within 48 hours of the asphalting operations. 3.6 PLACING ASPHALT A. General 1. Lay all asphalt, including leveling course, other than adjacent to curb and gutter or other true edges, by the string line method to obtain an accurate, uniform alignment of the pavement edge. For overlay operations only, an alternative to the initial string line method would be to apply the asphalt overlay, survey and mark the roadway centerline, measure lane width on each side of ATTACHMENT D BID NO. 019-2821-19/IT 865 Boynton Beach Utilities – April 2018 02740 - 9 Subgrade, Base Course and Asphalt centerline then string line and saw-cut the edge to match the existing in order to obtain an accurate, uniform alignment of the pavement edge. In no case shall the asphalt overlay material “overhang” the edge of the existing roadway. 2. Place asphalt mixture on clean prepared surface, spread and strike-off. Place inaccessible and small areas by hand. Place each course to required grade, cross-section and compacted thickness. 3. Follow "Standard Specification" Section 330 for general construction of the surface course as applicable to this project. B. Joints: 1. Make joints between old and new pavements, or between successive days work, to ensure continuous bond between adjoining work. 2. Construct joints to have same texture, density and smoothness as other sections of asphalt concrete course. Clean contact surfaces and apply tack coat. C. Protection: 1. Immediately after placement, protect pavement from mechanical injury for sufficient time necessary or until surface temperature is less than 140°F. 2. Erect barricades to protect paving from traffic until mixture has cooled and attained its maximum degree of hardness. 3.7 STRIPING (TEMPORARY AND PERMANENT) RAISED PAVEMENT MARKINGS AND SIGNAGE A. Once the asphalt has been placed and has achieved its maximum degree of hardness, Contractor shall apply temporary STOP BARS and striping as specified on the project construction drawings or in the applicable FDOT Index (9535 through 17356). ATTACHMENT D BID NO. 019-2821-19/IT 866 Boynton Beach Utilities – April 2018 02740 - 10 Subgrade, Base Course and Asphalt B. Depending on the chemistry of the thermostripping material, after the final asphalt placement, permanent striping and RPMs shall be applied as specified on the project construction drawings or in the applicable FDOT Index (9535 through 17356). For sanitary and force main ARV manholes located within the grassed right of way (ROW) or swale, green RPMs shall be placed near the center of the roadway on the corresponding side of the yellow line. For sanitary and force main ARV manholes located in the rear easement, green RPMs shall be placed near the corresponding edge of the roadway. Blue RPMs shall be placed in the center on the nearest travel lane directly in front of all fire hydrants. C. Roadway signage shall be as specified on the project construction drawings or in the applicable FDOT Index. Street terminations shall be signed as specified in FDOT Index 17349 3.8 FIELD QUALITY CONTROL A. Section SC01400 QUALITY REQUIREMENTS B. Compaction testing will be performed in accordance with ASTM D1556 or AASHTO T180 in locations as specified by the Project Manager or Engineer. Project Manager and/or Engineer are to select specific locations and lifts as well as witnessing of all compaction testing. C. If tests indicate Work does not meet specified requirements, remove Work, replace and retest. In general, the re-test locations shall be as specified in FDOT Standard Specification 125. D. Roadway Subgrade Compaction: 1. As a minimum, the top 12-inches of the roadway subgrade shall be compacted to 98% of the modified proctor. Some roadways may require special subgrade stabilization, i.e., LBR 40 or as otherwise specified in the project construction drawings. When special subgrade stabilization is required by the project ATTACHMENT D BID NO. 019-2821-19/IT 867 Boynton Beach Utilities – April 2018 02740 - 11 Subgrade, Base Course and Asphalt construction drawings, those requirements shall be superior to this specification requirement. 2. The frequency of density verification testing shall be 3 tests (usually edge of roadway – crown/center – edge of roadway) every 100 linear feet and 1 test for every 100 linear feet of curb. E. Roadway Base Course Compaction: 1. Compaction shall be by rolling with a combination of steel wheel and rubber tired rollers until 98% of the maximum density is reached as tested under AASHTO Method T-180. Compaction and finishing shall be in accord with single course base requirements of Paragraph 200-6 AND 250-7 of the "Standard Specifications". 2. The frequency of density verification testing shall be 3 tests (usually edge of roadway – crown/center – edge of roadway) every 100 linear feet and 1 test for every 100 linear feet of curb. F. Asphalt Testing/Verification: Test the in-place asphalt courses for compliance with requirements for thickness and surface smoothness. Repair or remove and replace unacceptable paving as directed by Engineer. G. Thickness: The compacted thickness of the base or surface courses shall be not less than that shown on the project construction drawings. H. Surface Smoothness: 1. Test finished surface of each asphalt course for smoothness, using 15 foot straightedge applied parallel with the centerline of paved area and extended across all joints. Surfaces will not be acceptable if exceeding the following tolerances for smoothness. a. Base Course Surface: 1/4 inch ATTACHMENT D BID NO. 019-2821-19/IT 868 Boynton Beach Utilities – April 2018 02740 - 12 Subgrade, Base Course and Asphalt b. Wear Course and Overlay Surface: 1/8 inch 2. Check surfaced areas at intervals as directed by the Engineer 3. Using the Contractors water truck or metered fire hydrant, Contractor shall flood the finished roadway to verify water coursing and flow line. Any ponding or “bird baths” will be cause for rejection. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 869 January 2013 02821 - 1 Chain Link Fences and Gates SECTION 02821 CHAIN LINK FENCES AND GATES ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02821) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 550 - Fencing, Design Standard Index Number 452 (Type B) and Design Standard Index Number 453 (Slide Gate) In the event that this technical specification (02821) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Unit Price – Measurement and Payment B. Submittals C. Products D. Execution E. Erection Tolerances 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment B. Section SC01400 – Quality Requirements C. Section 03300 - Cast-In-Place Concrete ATTACHMENT D BID NO. 019-2821-19/IT 870 January 2013 02821 - 2 Chain Link Fences and Gates 1.3 REFERENCES A. ASTM A116 - Standard Specification for Metallic- Coated, Steel Woven Wire Fence Fabric B. ASTM A121 - Standard Specification for Zinc-Coated (Galvanized) Steel Barbed Wire C. ASTM A123 - Standard Specification for Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products D. ASTM A153 - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware E. ASTM A392 - Standard Specification for Zinc-Coated Steel Chain-Link Fence Fabric F. ASTM A428 - Standard Test Method for Weight of Coating on Aluminum-Coated Iron or Steel Articles G. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy- Coated (Annealed) by the Hot-Dip Process H. ASTM A491 - Standard Specification for Aluminum-Coated Steel Chain Link Fence Fabric I. ASTM A585 - Standard Specification for Aluminum Coated Steel Barbed Wire J. ASTM C94 - Standard Specification for Ready-mixed Concrete K. ASTM F567 - Standard Practice for Installation of Chain-Link Fence L. ASTM F668 - Standard Specification for Poly (Vinyl Chloride) (PVC) Coated Steel Chain Link Fence Fabric M. ASTM F1043 - Standard Specification for Strength and Protective Coatings on Metal Industrial Chain Link Fence Framework N. ASTM F1083 - Standard Specification for Pipe, Steel, Hot-Dipped Zinc-Coated (Galvanized) Welded, for Fence Structures ATTACHMENT D BID NO. 019-2821-19/IT 871 January 2013 02821 - 3 Chain Link Fences and Gates O. Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Fencing: By the linear foot, to the fence height specified, based on the specified post spacing. Includes posts, rails, tension bars, tension wire, truss rod, fabric, accessories and attachments. B. Gates: Each specified type. Includes frame posts, fabric, accessories (latch and hold-backs), and hardware. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Product Data: Provide data on fabric, posts, accessories, fittings and hardware. Refer to B. Shop Drawings: Indicate plan layout, spacing of components, post foundation dimensions, hardware anchorage, and schedule of components. 1.6 SUBMITTALS FOR CLOSEOUT A. Project Record Documents: Accurately record actual locations of property perimeter posts relative to property lines and easements. Refer to Section SC01700 CONTRACT CLOSEOUT and SC01720 PROJECT RECORD DOCUMENTS for additional requirements. 2 PART 2 PRODUCTS 2.1 MATERIALS AND COMPONENTS A. Unless specifically authorized by the Project Manager in writing, all fencing material/components (except barbed wire) shall be black PVC coated; chain link fabric (core wire) shall be No. 9 gage. Refer to FDOT Design Standard Index No. 452 for additional requirements. ATTACHMENT D BID NO. 019-2821-19/IT 872 January 2013 02821 - 4 Chain Link Fences and Gates 3 PART 3 EXECUTION 3.1 INSTALLATION A. Install framework, fabric, accessories and gates in accordance with ASTM F567. B. Place fabric on outside of posts and rails. C. Set intermediate, terminal, gate, and corner posts plumb, in concrete footings with top of footing 2 inches above finish grade. Slope top of concrete for water runoff. D. Line Post Footing Depth Below Finish Grade: ASTM F567. E. Corner, Gate and Terminal Post Footing Depth Below Finish Grade: ASTM F567. F. Brace each gate and corner post to adjacent line post with horizontal center brace rail [and diagonal truss rods]. Install brace rail one bay from end and gate posts. G. Provide top rail through line post tops and splice with 6-inch long rail sleeves. H. Install center and bottom brace rail on corner gate leaves. I. Do not stretch fabric until concrete foundation has cured to 28 days concrete strength. J. Stretch fabric between terminal posts or at intervals of 100 feet maximum, whichever is less. K. Position bottom of fabric 2 inches above finished grade. L. Fasten fabric to top rail, line posts, braces, and bottom tension wire with tie wire at maximum 15 inches on centers. M. Attach fabric to end, corner, and gate posts with tension bars and tension bar clips. ATTACHMENT D BID NO. 019-2821-19/IT 873 January 2013 02821 - 5 Chain Link Fences and Gates N. Install bottom tension wire stretched taut between terminal posts. O. Install support arms sloped outward and attach barbed wire; tension and secure (if called for on the project construction drawings). P. Do not attach the hinged side of gate from building wall; provide gate posts. Q. Install gate with fabric and barbed wire overhang (if called for on the project construction drawings) to match fence. Install three hinges per leaf, latch, catches, drop bolt retainer, locking clamp and holdbacks. 3.2 ERECTION TOLERANCES A. Maximum Variation From Plumb: 1/4 inch. B. Maximum Offset From True Position: 1 inch. C. Components shall not infringe adjacent property lines. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 874 January 2013 02841 - 1 Guardrail SECTION 02841 GUARDRAIL ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02841) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 536 – Guardrail  Section 538 - Resetting Guardrail, and Design Standard Index Numbers 400 and 401 In the event that this technical specification (02841) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Unit Price – Measurement and Payment B. Products C. Execution D. Erection Tolerances 1.2 RELATED SECTIONS A. Section 02324 - Backfill B. Section SC01400 – Quality Requirements C. Section 03300 – Cast-In-Place Concrete ATTACHMENT D BID NO. 019-2821-19/IT 875 January 2013 02841 - 2 Guardrail 1.3 REFERENCES A. AASHTO M180 - Standard Specification for Corrugated Sheet Steel Beams for Highway Guardrail B. ASTM A123 - Standard Specification for Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products C. ASTM A36 - Standard Specification for Structural Steel D. ASTM A153 - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware E. ASTM A428 - Standard Test Method for Weight of Coating on Aluminum-Coated Iron or Steel Articles F. ASTM A500 - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Round and Shapes G. AWPA C14 - Wood for Highway Construction - Preservative Treatment 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Guardrail: 1. Basis of Measurement: By the linear foot 2. Basis of Payment: Includes removal of existing guardrail (as required), supply and installation of rail, posts (wood or steel, as shown on the project construction drawings), excavating, compacting, concrete (if required), miscellaneous asphalt, end closures, finished, complete and accepted. B. End Anchorage Assemblies: 1. Basis of Measurement: Each 2. Basis of Payment: Includes removal of existing assemblies (as required), supply and installation of end anchorage assemblies, posts (wood or steel, as shown on the project construction drawings), excavation, compaction and concrete ATTACHMENT D BID NO. 019-2821-19/IT 876 January 2013 02841 - 3 Guardrail (if required), miscellaneous asphalt, end closures, finished, complete and accepted. 2 PART 2 PRODUCTS 2.1 All materials are to be MADE IN THE UNITED STATES OF AMERICA. 2.2 MATERIALS A. Guardrail Beam: AASHTO M180 for either Class A or B Type 2 zinc coating; W profile; rolled steel sections, die punched bolt holes for site assembly and attachment to posts, formed steel curved terminating sections. B. Posts: Wood or Steel (as specified on the project construction drawings) in accordance with FDOT Index 400. C. End Anchorage Assembly: As specified on the project construction drawings in accordance with FDOT Index 400. 2.3 ACCESSORIES A. Hardware: Steel, bolts, nuts and washers to suit rail profile. 2.4 FINISHES A. Components: Galvanized to ANSI/ASTM A123; 2.0 oz/sq ft coating B. Hardware: Galvanized to ASTM A153, 2.0 oz/sq ft. coating 3 PART 3 EXECUTION 3.1 INSTALLATION A. Install rails and posts and accessories in accordance with FDOT Standard Drawing Index. B. Set posts plumb to correct elevations. ATTACHMENT D BID NO. 019-2821-19/IT 877 January 2013 02841 - 4 Guardrail C. Attach rails securely to posts with anchoring hardware. 3.2 ERECTION TOLERANCES A. Posts - Maximum Variation from Plumb: 1/2 inch B. Rail - Maximum Offset from True Position: 1 inch C. Rail - Maximum Variation from True Height: 1/2 inch D. Components shall not infringe adjacent property lines END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 878 January 2013 02924 - 1 Seed, Mulch and Fertilizer SECTION 02924 SEED, MULCH AND FERTILIZER ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02924) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 570 - Grassing (by Seeding)  Section 580 – Landscape Installation In the event that this technical specification (02924) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. The work consists of establishing a stand of grass on slopes, shoulders, lawns, and other areas by seeding as shown on the drawings. Also included is mulching, placement of an erosion control blanket, fertilizing, watering and maintenance as required to produce a healthy stand of grass. The phrase “grassing or sodding” in Section SC01025 MEASUREMENT AND PAYMENT is a generic use of terms that can be applied to a wide variety of field applications such as for a cross-country pipeline corridor (grassing), a pipeline corridor through a park (sodding) and the pipeline corridor in or impacting the neighborhood swales (sodding). Grassed areas apply to, but are not limited to applications such as bottoms of dry retention ponds, cross-country pipeline corridors, possibly lay down ATTACHMENT D BID NO. 019-2821-19/IT 879 January 2013 02924 - 2 Seed, Mulch and Fertilizer yards (depending on the Contractor agreement with the property owner) and other large and/or expansive areas. Sodded areas apply to, but are not limited to applications such as neighborhood swales, the sloped sides of a dry and/or wet retention ponds and embankments. B. Preparation of subsoil and placing topsoil C. Seeding, mulching and fertilizer D. Maintenance 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section 02300 - Earthwork E. Section 02925 - Sodding F. Section 02930 – Exterior Plants G. Section 02906 – Restoration of Surface Improvements 1.3 REFERENCES A. FS O-F-241 - Fertilizers, Mixed, Commercial 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Seeded Areas: 1. Basis of Measurement: By the square yard 2. Basis of Payment: Includes preparation of subsoil, seeding, fertilizing, watering and maintenance to specified time limit. ATTACHMENT D BID NO. 019-2821-19/IT 880 January 2013 02924 - 3 Seed, Mulch and Fertilizer 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Submit certifications and data sheets on all products and materials prior to delivery to site. Refer to Part 2 PRODUCTS for specific products and materials. 1.6 DEFINITIONS A. Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.7 QUALITY ASSURANCE/GUARANTEE A. All seeded areas shall be guaranteed for twelve months after date of final acceptance. B. Replacement of seeded areas that have not produced a well established stand of grass: Any seeded areas showing indication of probable non-survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be reseeded within 21 days of notice from Project Manager or Engineer. All replacement seeding shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for twelve months. All replacements shall meet original specifications. C. The Contractor will notify the Project Manager and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. D. At the end of the guarantee period, all seeded areas that are dead or with unsatisfactory growth shall be replaced within two weeks. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products to site in accordance to suppliers recommendations. ATTACHMENT D BID NO. 019-2821-19/IT 881 January 2013 02924 - 4 Seed, Mulch and Fertilizer B. Deliver grass seed mixture in sealed containers. Seed in damaged packaging is not acceptable. C. Deliver fertilized in waterproof bags showing weight, chemical analysis, and name of manufacturer. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Seed: 1. The seed shall meet the tolerance for germination and purity in accordance with the U.S. Department of Agriculture Rules and Regulations under the latest edition of the Federal Seed Act. Seed shall be mixed by the dealer and shall be delivered to the site in sealed containers that shall bear the Dealer’s guaranteed analysis. 2. Grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of Argentine Bahia. The separate types of seed used shall be thoroughly dry mixed immediately before sowing. Seed that has become wet shall not be used. 3. The Bermuda seed shall be an equal mixture of hulled and unhulled seed. The Argentine Bahia seed shall be scarified seed, having a minimum active germination of 40% and a total germination of 85%. All seed shall meet the requirements of the State Department of Agriculture and Consumer Services and all applicable state laws, and shall be approved by the engineer before being sown. B. Mulch: 1. Dry Mulch: The mulch material used shall normally be dry mulch. Dry mulch shall be straw or hay, consisting of oat, rye or wheat straw, or of pangola, peanut, coastal Bermuda or Bahia grass hay. Only mulch that has not deteriorated and can be readily cut into the soil shall be used. ATTACHMENT D BID NO. 019-2821-19/IT 882 January 2013 02924 - 5 Seed, Mulch and Fertilizer 2. Green Mulch: Green mulch shall consist of live coastal Bermuda, or other approved type of grass, and shall be free from weeds and obnoxious or undesirable grasses. No green mulch, which in the Landscape Architect’s opinion, has been allowed to become sufficiently dry as to lose its growth producing benefits, will be allowed to be used. In the event that the subsequent stand of grass is found to be contaminated with weeds or other obnoxious or undesirable growth, it can be determined that such growth was introduced with the green mulch, then the Contractor will be required to effectively eliminate such undesirable growth at his own expense. 3. Wood Fiber Mulch: a. Conwed Hydro Mulch Fibers b. Conwed Hydro Mulch 2000 Fibers C. Erosion Control Blanket: 1. Blanket shall be C125 as manufactured by North American Green, or equivalent. 2. Blanket shall be consistent thickness with organic fiber evenly distributed over the entire area of the mat. 3. Mat shall be made of coconut fiber or other slow degrading organic fiber. 4. Blanket shall have support netting made of UV stabilized material. 5. Blanket shall be sewn with synthetic thread to bind together fiber and netting. 6. Blanket shall be placed and staked into place at locations designated by Drawings. D. Commercial Fertilizer: 1. Commercial fertilizer shall comply with the state fertilizer laws. ATTACHMENT D BID NO. 019-2821-19/IT 883 January 2013 02924 - 6 Seed, Mulch and Fertilizer 2. The numeral designations for fertilizer indicate the minimum percentages respectively of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash, contained in the fertilizer. 3. The chemical designation of the fertilizer shall be 15-5-15. At least 50% of the phosphoric acid shall be from normal super phosphate or an equivalent source, which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. E. Water for Seeding: 1. The water used in the seeding operations may be obtained from any approved spring, canal, pond, lake, stream, or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalis, or any substance, which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. 2.2 EQUIPMENT A. Fertilizer Spreader: The device for spreading fertilizer shall be capable of uniformly distributing the material at the specified rate. B. Seed Spreader: The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. C. Equipment for Cutting Mulch into Soil: The mulching equipment shall be capable of cutting the specified materials uniformly into the soil and to the required controlled depth. Harrows will not be allowed. D. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas. ATTACHMENT D BID NO. 019-2821-19/IT 884 January 2013 02924 - 7 Seed, Mulch and Fertilizer E. Hydraulic Mulcher: The mulch shall be mixed in standard hydraulic equipment to form a homogenous slurry. The equipment shall be capable of spraying the slurry, under pressure, uniformly over the soil surface at the material application rate indicated. A continuous agitation system that keeps all material in uniform suspension throughout the mixing and distribution cycles is required. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify that prepared soil base is ready to receive the work of this Section. 3.2 PREPARATION OF AREA A. Preparation of Area to be Seeded: The ground to be seeded shall be prepared by disc harrowing and thoroughly pulverizing the soil to a depth of four (4) inches. The prepared soil shall be loose and reasonably smooth. It shall be reasonably free of large clods, roots and other materials that will interfere with the work and subsequent mowing and maintenance operations. Hand picking may be required. B. Soil Analysis: Before applying fertilizer, the soil pH shall be brought to a range of 6.0 - 7.0. 3.3 APPLICATION A. General: 1. Weather Limitations: Fertilizing, seeding or mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth. No seeding shall be done when the ground is unduly wet, or otherwise not in a tillable condition. ATTACHMENT D BID NO. 019-2821-19/IT 885 January 2013 02924 - 8 Seed, Mulch and Fertilizer 2. Sequence of Operations: The several operations involved in the work shall proceed in the following sequence: Preparation and fertilizing of the ground, seeding, spreading of mulch, cutting-in of mulch and rolling. B. Fertilizing: 1. The fertilizer shall be spread uniformly at the rate of 500 pounds per acre, or 11.5 pounds/1000 square feet by a spreading device capable of uniformly distributing the material at the specified rate. Immediately after spreading, the fertilizer shall be mixed with the soil to a depth of approximately four (4) inches. 2. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of two (2) inches. 3. Where fertilizer is applied hydraulically, it need not be worked into the soil. C. Seeding: 1. While the soil is still loose and moist, the seed shall be scattered uniformly over the grassing area at a rate of 200 pounds per acre, or 4.5 pounds per 1000 square feet. 2. When so directed by the Engineer, seed of an approved quick growing species of grass, such as rye, Italian rye, millet or other cereal grass, shall be spread at a rate of 30 pounds per acre in conjunction with the permanent type seed mixture. 3. Seed may be applied hydraulically, but not in the mulch slurry. D. Mulching: 1. Approximately two (2) inches, loose thickness, of the mulch material shall be applied uniformly ATTACHMENT D BID NO. 019-2821-19/IT 886 January 2013 02924 - 9 Seed, Mulch and Fertilizer over the seeded areas, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three (3) inches to four (4) inches. Care shall be exercised that the materials are not cut too deeply into the soil. 2. When green mulch is used, it shall be incorporated into the soil not later than two (2) days after being cut and no artificial watering of the mulch shall be done before it is applied. 3. On steep slopes, the mulch material shall be applied and, in lieu of being cut into the soil, shall be anchored down. Anchoring shall be done be either of the following methods. a. Placing a layer of soil, approximately two (2) inches thick by nine (9) inches wide, along the upper limits of the mulch and spotting soil piles over the rest of the area at a maximum spacing of four (4) feet. b. Spreading a string net over the mulch, using stakes driven flush with the top of the mulch at 6-foot centers and stringing parallel and perpendicular, with diagonals in both directions. E. Rolling: Immediately after completion of the mulching, the entire seeded and mulched area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. F. Hydraulic mulching: Wood fiber mulch shall be applied at the following rate: 1. Flat surfaces to 3 to 1 slopes: 1,500 lb. per acre. 2. Slopes steeper than 3 to 1: 2,000 lb per acre. 3. Critical areas, where designated: 2,500 lb per acre. G. Blanket shall be rolled out and placed in the direction of maximum slope. ATTACHMENT D BID NO. 019-2821-19/IT 887 January 2013 02924 - 10 Seed, Mulch and Fertilizer H. Watering: The seeded areas shall be watered so as to provide optimum growth conditions for establishment of the grass. In no case, however, shall the period of maintaining such moisture be less than 1 week after the planting. I. Single Hydraulic Application: Using the standard hydraulic mulching equipment, the wood fiber mulch, seed and fertilizer may be applied as a combined slurry in a single application, provided that the seed is increased to the rate of 240 pound per acre and the fertilizer is increased to 840 pounds per acre. J. Maintenance: 1. The Contractor shall, at his expense, maintain the seeded areas in a satisfactory condition until Final Acceptance of the project. Such maintenance shall include the repairing of any damaged areas where the establishment of the grass stand does not appear to be developing satisfactorily, or where erosion has washed away an area and filling and leveling are required. 2. Replanting or repair necessary due to the Contractor’s negligence, carelessness or failure to provide routine maintenance shall be at the Contractor’s expense. 3. All areas which do not show a satisfactory catch of grass shall be reseeded at intervals of 21 days until a dense lawn of permanent grasses, free from any bare spots, areas of washout or erosion damage has been established. 4. Seeded areas shall be maintained by the Contractor as long as necessary to establish a dense cover as specified above. 5. Fertilization (lawns): As required to maintain healthy, vigorous turf, minimum of two (2) applications. One application shall be applied at time of planting and the other just prior to the end of the maintenance period. ATTACHMENT D BID NO. 019-2821-19/IT 888 January 2013 02924 - 11 Seed, Mulch and Fertilizer K. Mowing: Four complete mowings shall be included in the base price for seeding and mulching. The last mowing shall be done just prior to Final Acceptance. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 889 Boynton Beach Utilities – April 2018 02925 - 1 Sodding SECTION 02925 SODDING ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02925) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 575 – Sodding  Section 580 – Landscape Installation In the event that this technical specification (02925) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. The work consists of establishing a grass covering on slopes, shoulders, lawns, and other areas by sodding as shown on the project construction drawings. Also included are fertilizing, watering and maintenance as required to produce a healthy stand of grass. The phrase “grassing or sodding” in Section SC01025 MEASUREMENT AND PAYMENT is a generic use of terms that can be applied to a wide variety of field applications such as for a cross-country pipeline corridor (grassing), a pipeline corridor through a park (sodding) and the pipeline corridor in or impacting the neighborhood swales (sodding). Grassed areas apply to, but are not limited to applications such as bottoms of dry retention ponds, cross-country pipeline corridors, possibly lay down yards (depending on the Contractor agreement with the ATTACHMENT D BID NO. 019-2821-19/IT 890 Boynton Beach Utilities – April 2018 02925 - 2 Sodding property owner) and other large and/or expansive areas. Sodded areas apply to, but are not limited to applications such as neighborhood swales, the sloped sides of a dry and/or wet retention ponds and embankments. B. Preparation of subsoil C. Fertilizing D. Sod installation E. Maintenance 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section 02300 - Earthwork E. Section 02924 – Seed, Mulch and Fertilizer F. Section 02930 - Exterior Plants G. Section 02960 – Restoration of Surface Improvements 1.3 REFERENCES A. ASPA (American Sod Producers Association) - Guideline Specifications to Sodding B. FS O-F-241 - Fertilizers, Mixed, Commercial 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. When identified in the Schedule of Bid Items as a separate pay item, sodded areas shall be: 1. Basis of Measurement: By the square yard ATTACHMENT D BID NO. 019-2821-19/IT 891 Boynton Beach Utilities – April 2018 02925 - 3 Sodding 2. Basis of Payment: Includes preparation of subsoil, topsoil, placing topsoil, fertilization, sodding, watering and maintenance to specified time limit. B. If sodding is NOT identified in the Schedule of Bid Items as a pay item, it shall be considered as incidental and all of the requirements of this Section shall be required. 1.5 SUBMITTALS A. Contractor shall submit Certificates of Compliance, with this specification, for the topsoil, sod and fertilizer. Refer to PART 2 PRODUCTS for requirements. B. Contractor shall prepare a resident notification letter three (3) weeks prior to placement informing them of the sod replacement criteria and the type of sod identified for the swale (in front of their property) for the review and authorization of the Project Manager. Once authorized, the Contractor shall deliver to each property a copy of the notification letter. 1.6 SOD REPLACEMENT CRITERIA A. City, County or State ROW areas, i.e., typically those areas between the edge of the roadway and the property line, that have been disturbed or damaged by project construction activities will be re-sodded. The type of replacement sod, either Argentine Bahia or St. Augustine - Floratam, will be based on the following criteria: 1. If the area has an existing and operational underground irrigation system, the replacement sod shall be St. Augustine - Floratam. 2. If the area does NOT have an existing and operational underground irrigation system, the replacement sod shall be Argentine Bahia. 3. Additionally, based on the Pre Construction Video and Photographic Site Survey, together the ATTACHMENT D BID NO. 019-2821-19/IT 892 Boynton Beach Utilities – April 2018 02925 - 4 Sodding Contractor and Project Manager shall determine the replacement sod type. 1.7 DEFINITIONS A. Weeds: Includes Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.8 QUALITY ASSURANCE/GUARANTEE A. All sodded areas shall be guaranteed for twelve months after date of Final Acceptance. B. Replacement of sodded areas that have not produced a well established stand of grass: Any sodded areas showing indication of probably non-survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within 21 days of notice from Project Manager or Engineer. All replacement sodding shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for twelve months. All replacements shall meet original specifications. C. At the end of the guarantee period, all sodded areas that are dead or in unsatisfactory growth shall be replaced within two weeks. 1.9 QUALIFICATIONS A. Sod Producer: Company specializing in sod production and harvesting with minimum five (5) years experience, and certified by the State of Florida. B. Installer: Company with previous experience with the sod producer. 1.10 DELIVERY, STORAGE, AND HANDLING ATTACHMENT D BID NO. 019-2821-19/IT 893 Boynton Beach Utilities – April 2018 02925 - 5 Sodding A. Deliver sod on pallets. Protect exposed roots from dehydration. B. Do not deliver more sod than can be laid within 24 hours. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Sod: ASPA Approved Field grown grade; cultivated grass sod; type indicated in plant schedule on the project construction drawings; with strong fibrous root system, free of stones, burned or bare spots containing less than 2 percent weeds per 1000 sq ft. 1. Argentine Bahia Grass Type: Florida State Plant Board specifications. Sod received at site shall be moist and green. Dry and/or brown sod will NOT be accepted for placement. 2. St. Augustine - Floratam Grass Type: Florida State Plant Board specifications. Sod received at site shall be moist and green. Dry and/or brown sod will NOT be accepted for placement. B. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site; free of subsoil, clay, or impurities, plants, weeds and roots; pH value of minimum 6.0 and maximum 7.0. Existing topsoil, removed as a result of pipeline or structure installations, shall NOT be re-used without written approval from the Project Manager. C. Fertilizer: FS O-F-241, Type I, Grade A (slow release granular); recommended for grass, with fifty percent of the elements derived from organic sources; of proportion necessary to eliminate any deficiencies of topsoil to either of the following proportions: 15-5- 15, 25-4-11, 24-2-11 or as approved by the Project Manager. D. Water: The water used in the performance of this Contract shall be clean, fresh and free from injurious amounts of oil, acid, alkali, or organic matter that could inhibit vigorous growth of grass and vegetation. ATTACHMENT D BID NO. 019-2821-19/IT 894 Boynton Beach Utilities – April 2018 02925 - 6 Sodding 2.2 ACCESSORIES For terrain sloped at 2:1 or greater, the following accessories will be required: A. Wood Pegs: Softwood, sufficient size and length to ensure anchorage of sod on slope. B. Wire Mesh: Interwoven hexagonal plastic mesh of 2-inch size. C. Edging: Refer to Landscape plan. D. Herbicide: Refer to Landscape plan. 2.3 HARVESTING SOD A. Machine cut sod and load on pallets in accordance with ASPA Guidelines. B. Cut sod in area not exceeding 1 sq yd, with minimum 1- inch and maximum 1-1/2 inch topsoil base. 2.4 TESTS A. Provide analysis of topsoil fill under provisions of Section SC01340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES. B. Analyze to ascertain percentage of nitrogen, phosphorus, potash, soluble salt content, organic matter content, and pH value. C. Testing is not required if recent tests are available for imported topsoil. Submit these test results to the testing laboratory for approval. Indicate, by test results, information necessary to determine suitability. 3 PART 3 EXECUTION 3.1 PREPARATION A. Verify that prepared soil base is ready to receive the work of this section. ATTACHMENT D BID NO. 019-2821-19/IT 895 Boynton Beach Utilities – April 2018 02925 - 7 Sodding B. Preparation of area to be sodded: The ground to be sodded shall be prepared by grading and thoroughly loosening the soil to a depth of 2 inches. The prepared soil shall be loose and reasonably smooth. It shall be reasonably free of large clods, roots, and other materials that will interfere with the work and subsequent mowing and maintenance operations. Hand picking may be required. C. In general, the prepared area, prior to placement of imported topsoil, shall be 5 to 6 inches below the edge of roadway and driveway apron pavement and 3 to 4 inches below the edge of sidewalks. 3.2 PLACING TOPSOIL A. Spread imported topsoil to a minimum depth of 2 inches over area to be sodded. B. Place topsoil during dry weather and wind velocity not exceeding 15 miles per hour. C. Remove vegetable matter and foreign non-organic material from topsoil while spreading. D. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. E. Install edging at periphery of sodded areas in straight lines to consistent depth. F. After the raking-in of the fertilizer, the topsoil shall be tamped. 3.3 FERTILIZING A. The fertilizer shall be mechanically spread at the rate prescribed by the manufacturer just in front of the sod laying activities. B. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand. C. With the written authorization of the Project Manager, liquid fertilizer may be used after the sod has been ATTACHMENT D BID NO. 019-2821-19/IT 896 Boynton Beach Utilities – April 2018 02925 - 8 Sodding placed. Where fertilizer is applied hydraulically, it need not be worked into the soil. 3.4 LAYING SOD A. Moisten prepared surface immediately prior to laying sod. B. Lay sod within 24 to 48 hours after harvesting to prevent deterioration. C. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. Newly placed sod shall abut existing sod in a straight and even line. D. Lay smooth. Align and level with adjoining grass areas. E. Place top elevation of sod (top of grass blades) one (1) inch below adjoining edging/edge of pavement for roadways and driveway aprons and level / even for sidewalks. Tolerance shall be plus 0.00 inches and minus 0.05 inches F. On slopes 2:1 and steeper, lay sod perpendicular to slope and secure every row with wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod. G. Prior to placing sod, on slopes exceeding 1.5:1 or where indicated, place wire mesh over topsoil. Securely anchor in place with wood pegs sunk firmly into the ground. H. Water sodded areas immediately after installation, saturate sod to 4 inches of soil. I. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. 3.5 MAINTENANCE A. Mow grass at regular intervals to maintain at a maximum height of 2-1/2 inches. Do not cut more than 1/3 of grass blade at any one mowing. Four (4) ATTACHMENT D BID NO. 019-2821-19/IT 897 Boynton Beach Utilities – April 2018 02925 - 9 Sodding complete mowings shall be included in the base price for sodding. The final mowing shall be done just prior to Final Acceptance. B. Neatly trim edges and hand clip where necessary. C. Immediately remove clippings after mowing and trimming. D. Water to prevent grass and soil from drying out. E. Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. Remedy damage resulting from improper use of herbicides. F. Immediately replace sod to areas that show deterioration or bare spots. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 898 January 2013 02930 - 1 Exterior Plants SECTION 02930 EXTERIOR PLANTS ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02930) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 580 – Landscape Installation In the event that this technical specification (02930) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Preparation of subsoil B. Bedding C. New or relocation of trees, plants, and ground cover D. Mulch and fertilizer E. Maintenance F. Tree pruning 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment B. Section SC01400 – Quality Requirements ATTACHMENT D BID NO. 019-2821-19/IT 899 January 2013 02930 - 2 Exterior Plants C. Section SC01340 – Shop Drawings, Work Drawings, and Samples 1.3 REFERENCES A. ANSI Z60.1 - Nursery Stock B. NAA (National Arborist Association) - Pruning Standards for Shade Trees 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Plants: By the unit. Includes preparation of subsoil, planting soil, fertilizer, planting, watering and maintenance to specified time period. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Submit list of plant life sources. B. Submit information on all items and materials identified in Part 2 of this Section. 1.6 DEFINITIONS A. Plants: Living trees, plants, and ground cover specified in this Section, and described in ANSI Z60.1. 1.7 QUALITY ASSURANCE A. Source Quality Control: The City reserves the right to perform inspection at the supplier’s facility (source) of all exterior plants selected for this project. Project Manager shall be notified one (1) week in advance of the shipment dates to arrange this source inspection. 1. General: Ship landscape materials with certificate of inspection as required by governmental authorities. Comply with governing regulations applicable to landscape materials. Do not make substitutions. If specified landscape material is not obtainable, submit to Landscape Architect proof of non-availability and ATTACHMENT D BID NO. 019-2821-19/IT 900 January 2013 02930 - 3 Exterior Plants proposal for use of equivalent material. When authorized, adjustment of contract amount will be made. 2. Analysis and Standards: Package standard products with manufacturer’s certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agricultural Chemists, wherever applicable or as further specified. 3. Trees and Shrubs: Provide trees and shrubs grown in a recognized nursery in accordance with good horticultural practice. Provide healthy, vigorous stock grown under climatic conditions similar to conditions in the locality of the project and free of disease, insects, eggs, larvae and defects such as knots, sunscald, injuries, abrasions or disfigurement. 4. Sizes: Provide trees and shrubs of the sizes shown or specified. Trees and shrubs of larger size may be used if acceptable to Landscape Architect, and if sizes of root balls are increased proportionately. 5. Inspection: The Project Manager and/or Engineer reserves the right to inspect trees and shrubs either at place of growth or at site for compliance with requirements for name, variety, size and quality. 6. Submittals: Certification, Landscape Work: Submit five (5) copies of certificates of inspection as required by governmental authorities, and manufacturer’s or vendor’s certified analysis for soil amendments and fertilizer materials. Submit other data substantiating that materials comply with specified requirements. 7. Planting Schedule, Landscape Work: Submit five (5) copies of planting schedule showing scheduled dates for each type of planting in each area of site. ATTACHMENT D BID NO. 019-2821-19/IT 901 January 2013 02930 - 4 Exterior Plants 1.8 REGULATORY REQUIREMENTS A. Comply with City Landscape Ordinance for plant material, fertilizer and herbicide composition. B. Provide certificate of compliance from the City indicating approval of plants, fertilizer and herbicide mixture. C. Plant Materials: Certified by state Department of Agriculture; free of disease or hazardous insects. 1.9 DELIVERY, STORAGE, AND HANDLING A. Packaged materials: Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at the site. B. Plant Materials: 1. Trees and Shrubs: Provide freshly dug trees and shrubs. Do not use trees or shrubs which have been in cold storage or healed-in. Do not prune prior to delivery. Do not bend or bind-tie trees or shrubs in such a manner as to damage bark, break branches, or destroy natural shape. Provide protective covering during delivery. 2. Deliver trees and shrubs after preparation for planting have been completed and plant immediately. If planting is delayed more than six hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage and keep root moist. 3. Do not remove container-grown stock from containers until planting time. 1.10 ENVIRONMENTAL REQUIREMENTS A. Do not install plant life when ambient temperatures may drop below 35°F or rise above 90°F. B. Do not install plant life when wind velocity exceeds 20 mph. ATTACHMENT D BID NO. 019-2821-19/IT 902 January 2013 02930 - 5 Exterior Plants 1.11 COORDINATION A. Job Conditions: 1. Proceed with and complete the landscape work as rapidly as portions of the site become available, working with the seasonal limitations for each kind of landscape work required. 2. Utilities: Determine location of underground utilities and perform work in a manner that will avoid possible damage. Hand excavate, as required, to minimize possibility of damage to underground utilities. Maintain grade stakes set by others until removal is mutually agreed upon by all parties concerned. 3. Excavations: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions or obstructions, notify Landscape Architect before planting. 4. Planting Time: Plant or install materials during normal planting seasons for each type of landscape work required. Correlate planting with specified maintenance periods to provide maintenance until occupancy by the Project Manager. 5. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to the Landscape Architect. If planting of trees and shrubs occurs after lawn work, protect lawn areas and promptly repair damage to lawns resulting from planting operations. 1.12 GUARANTEE A. Guarantee trees and shrubs, for a period of one year against defect including death and unsatisfactory growth, except for defect resulting from neglect by Owner, abuse or damage by others or unusual phenomena or incidents which are beyond Contractor’s control. ATTACHMENT D BID NO. 019-2821-19/IT 903 January 2013 02930 - 6 Exterior Plants B. Remove and replace trees, shrubs or other plants found to be dead or in unhealthy conditions during guarantee period. Make replacements during growth season following end of guarantee period. Furnish and plant replacements, which comply with requirements shown and specified. Also, replace trees and shrubs that are in doubtful condition at the end of guarantee period, unless, in the opinion of Landscape Architect, it is advisable to extend guarantee period for full-growth season. The Landscape Architect will make another inspection at end of extended guarantee period, if any, to determine acceptance or rejection. Only one replacement will be required at end of guarantee period, except for losses or replacement due to failure to comply with specified procedures or practices. 1.13 MAINTENANCE SERVICE A. Maintain plant life for twelve (12) months after date of final acceptance. B. Maintain plant life immediately after placement until plants are well established and exhibit a vigorous growing condition. C. Maintenance to include: 1. Cultivation and weeding plant beds and tree pits. 2. Applying herbicides for weed control in accordance with manufacturer's instructions. Remedy damage resulting from use of herbicides. 3. Remedy damage from use of insecticides. 4. Irrigating sufficient to saturate root system. 5. Pruning, including removal of dead or broken branches, and treatment of pruned areas or other wounds. 6. Disease control. 7. Maintaining wrapping, guys, turnbuckles, and stakes. Adjust turnbuckles to keep guy wires ATTACHMENT D BID NO. 019-2821-19/IT 904 January 2013 02930 - 7 Exterior Plants tight. Repair or replace accessories when required. 8. Replacement of mulch 2 PART 2 PRODUCTS 2.1 TREES, PLANTS, AND GROUND COVER A. Trees, Plants and Ground Cover: Species and size identifiable in plant schedule, grown in climatic conditions similar to those in locality of the Work. B. PLANT MATERIALS: 1. Name and Variety: Provide plant materials true to name and variety indicated on the plan. 2. Quality: Provide trees, shrubs and other plants complying with the recommendations and requirement of GRADES AND STANDARDS FOR NURSERY STOCK as published by the Division of Plant Industry, Florida Department of Agricultural and Consumer Services. 3. Trees: Provide trees of height and caliper listed or shown and with branching configuration recommended by GRADES AND STANDARDS FOR NURSERY PLANTS Florida Department of Agricultural for type and species required. Provide single stem trees except where special forms are shown or listed. a. Container grown trees will be acceptable in lieu of balled and burlapped trees subject to specified limitations of above quality control. 4. Shrubs: Provide shrubs of height shown or listed and with not less than the minimum number of canes required by above quality control for the type and height of shrub required. a. Container grown trees will be acceptable in lieu of balled and burlapped trees subject ATTACHMENT D BID NO. 019-2821-19/IT 905 January 2013 02930 - 8 Exterior Plants to specified limitations of above quality control. C. GRASS MATERIALS: 1. See Section 02924 SEED, MULCH AND FERTILIZER or 02925 SODDING as applicable. D. GROUND COVER: 1. Provide plants established and well-rooted in removable containers or integral peat pots and with not less than the minimum number and length of runners required by the above quality control for the pot size shown or listed. E. MISCELLANEOUS LANDSCAPE MATERIALS: 1. Anti-Erosion Mulch: Provide clean, seed-free salt hay or threshed straw of wheat, rye, oats or barley. 2. Anti-Desiccant: Emulsion type, film-forming agent similar to Dowax by Dow Chemical Co., or Wilt-Prof by Nursery Specialty Products, Inc., designed to permit transpiration but retard excessive loss of moisture from plants. Deliver in manufacturer’s fully identified containers and mix in accordance with manufacturer’s instructions. 3. Stakes and Guys: Provide stakes and deadmen of sound new hardwood, treated softwood or redwood, free of knotholes and other defect. Provide wires ties and guys of 6-strand, twisted, pliable galvanized iron wire not lighter than 12-gauge. Provide new 2-ply garden hose not less than 5/8 in. hose size, cut to required length to protect tree trunks from damage by wires. F. PREPARATION OF EXISTING SOIL: 1. Before mixing, clean existing soil of roots, plants, sods, stones, clay lumps, and other extraneous materials harmful or toxic to plant growth. ATTACHMENT D BID NO. 019-2821-19/IT 906 January 2013 02930 - 9 Exterior Plants 2. Mix specified soil supplements and fertilizers with existing soil at the rates specified (this “mixed” existing soil, becomes “planting” soil). Delay mixing of fertilizer if planting will not follow placing of planting soil within a few days. 3. For pit and trench type backfill, mix planting soil prior to backfilling and stockpile at the site. 4. For planting beds, mix soil prior to planting. 2.2 SOIL SUPPLEMENTS MATERIALS A. Lime: Natural limestone containing not less than 85% of total carbonates, ground so that not less than 90% passes a 10-mesh sieve and not less than 50% passes a 100-mesh sieve. B. Peat Humus: FS Q-P-166 and with the texture and pH range suitable for the intended use. C. Bonemeal: Commercial, raw, finely ground, 4% nitrogen and 20% phosphoric acid. D. Superphosphate: Soluble mixture of treated minerals, 20% available phosphoric acid. E. Commercial Fertilizer: Complete fertilizer of neutral character, with some elements derived from organic sources and continuing the following percentages of available plant nutrients: 1. For trees and shrubs, provide fertilizer with not less than 10% available phosphoric acid and from 3% to 5% total nitrogen and from 3% to 5% soluble potash. 2. For lawns, provide fertilizer with not less than 4% phosphoric acid and not less than 2% potassium, and the percentage of nitrogen required to provide not less than one pound of actual nitrogen per 1000 square feet of lawn area. Provide nitrogen in a form that will be available to the lawn during the initial period of growth. ATTACHMENT D BID NO. 019-2821-19/IT 907 January 2013 02930 - 10 Exterior Plants 2.3 MULCH MATERIALS A. See Section 02924 SEED, MULCH AND FERTILIZER 2.4 ACCESSORIES A. Wrapping Materials: Burlap. B. Stakes: Softwood lumber, pointed end. C. Cable, Wire, Eye Bolts and Turnbuckles: Non-corrosive, of sufficient strength to withstand wind pressure and resulting movement of plant life. D. Plant Protectors: Rubber sleeves over cable to protect plant stems, trunks, and branches. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify that prepared subsoil are ready to receive work. B. Saturate soil with water to test drainage. C. Verify that required underground utilities are available, in proper location, and ready for use. 3.2 PREPARATION A. Excavation for Trees and Shrubs: Excavate pits, beds and trenches with vertical sides and with bottom of excavation slightly raised at center to provide proper drainage. Loosen hard subsoil in bottom of excavation. 1. For bare root trees and shrubs, make excavation at least 1.0 ft. wider than root spread and deep enough to allow for setting of roots on a layer of compacted backfill and with collar set at same grade as in nursery, but 2 in. below finished grade at site. ATTACHMENT D BID NO. 019-2821-19/IT 908 January 2013 02930 - 11 Exterior Plants 2. Allow for 6 in. settling layer of planting soil mixture. 3. For balled and burlapped trees and shrubs, make excavations at least twice as wide as the ball diameter and equal to the ball depth, plus the following allowance for setting of ball on a layer of compacted backfill. 4. For container grown stock, excavate as specified for balled and burlapped stock, adjusted to size of container width and depth. B. Dispose of subsoil removed from landscape excavations. C. Fill excavation for trees and shrubs with water to allow to percolate out before planting. 3.3 PLACING PLANTING SOIL A. Place planting soil during dry weather and on dry subgrade. B. Remove vegetable matter and foreign non-organic material from planting soil while spreading. C. Grade planting soil to eliminate rough, low or soft areas, and to ensure positive drainage. D. Install planting soil into pits and beds intended for plant root balls, to a minimum thickness of 6 inches. 3.4 FERTILIZING A. Apply fertilizer in accordance with manufacturer's instructions. B. Apply after initial raking of topsoil. C. Mix thoroughly into upper 2 inches of topsoil. D. Lightly water to aid the dissipation of fertilizer. 3.5 PLANTING A. Planting Trees and Shrubs: Set balled and burlapped stock on layer of compacted planting soil mixture, ATTACHMENT D BID NO. 019-2821-19/IT 909 January 2013 02930 - 12 Exterior Plants plumb and in center of pit or trench with top of ball at same elevation as adjacent finished landscape grades. When set, place additional backfill around base and sides of ball and work each layer to settle backfill and eliminate voids and air pockets. When excavation is approximately 2/3 full, water thoroughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing final layer of backfill. Remove burlap from sides of balls; retain on bottoms. B. Set bare root stock on cushion of planting soil mixture. Spread roots and carefully work backfill around roots by hand and puddle with water until backfill layers are completely saturated. Plumb before backfilling and maintain plumb while working backfill around roots and placing layers above roots. Set collar 1-inch to 2-inch below adjacent finish landscape grades. Spread out roots without tangling or turning up to surface. Cut injured roots clean; do not break. C. Set container grown stock as specified for balled and burlapped stock, except cut cans on two sides with an approved can cutter; remove bottoms of wooden boxes after partial backfilling so as not to damage root balls. 1. Provide additional backfill berm around edge of excavations to form shallow saucer to collect water, minimum 5 in. saucer. D. Mulch pits, trenches and planted areas. Provide not less than the following thickness of mulch and work into top of backfill and finish level with adjacent finish grades. 1. Provide 4-inch thickness of mulch. E. Prune, thin out and shape trees and shrubs in accordance with standard horticultural practice. Prune trees to retain required height and spread. Unless otherwise directed by the Landscape Architect, do not cut tree leaders and remove only injured or dead branches from flowering trees, if any. Prune shrubs to retain natural character and accomplish their use ATTACHMENT D BID NO. 019-2821-19/IT 910 January 2013 02930 - 13 Exterior Plants in the landscape design. Required shrub sized are the size after pruning. F. Remove and replace excessively pruned or misformed stock resulting from improper pruning. Paint cuts over 3 in. in size with standard tree paint or compound, covering exposed living tissue. Use paint, which is waterproof, antiseptic, adhesive, elastic, and free of kerosene, coal tar, creosote and other substances harmful to plants. Do not use shellac. G. Guy and stake trees immediately after planting. H. Reconditioning Existing Lawns: Recondition existing lawn areas damaged by Contractor’s operations including storage of materials and equipment and movement of vehicles. Also recondition existing lawn areas where minor regrading is required. I. Provide fertilizer, seed, or sod and soil amendments as specified for new lawns and as required to provide a satisfactorily recondition lawn. Provide new topsoil as required to fill low spots and meet new finish grades. J. Cultivate bare and compacted areas thoroughly to provide a satisfactory, planting bed. K. Remove diseased and unsatisfactory lawn areas; do not bury into soil. Remove topsoil containing foreign materials resulting from Contractor’s operations including oil dripping, stone, gravel and other loose building materials. L. Where substantial lawn remains, mow, rake, aerate if compacted, fill low spots, remove humps and cultivate soil, fertilize and seed. Remove weeds before seeding or if extensive, apply selective chemical weed killers as required. Apply a seedbed mulch, if required, to maintain moist condition. M. Water newly planted areas and keep moist until new grass is established. 3.6 PLANT RELOCATION AND RE-PLANTING ATTACHMENT D BID NO. 019-2821-19/IT 911 January 2013 02930 - 14 Exterior Plants A. Relocate plants as indicated by Project Manager and/or Engineer. B. Replant plants in pits or beds, partly filled with prepared topsoil mixture, at a minimum depth of 6 inches under each plant. Remove or loosen burlap, ropes, and wires, from the root ball. C. Place bare root plant materials so roots lie in a natural position. Backfill soil mixture in 6-inch layers. Maintain plant materials in vertical position. D. Saturate soil with water when the pit or bed is half full of topsoil and again when full. 3.7 PLANT SUPPORT A. Brace plants vertically with plant protector wrapped guy wires and stakes to the following: Tree Caliper Tree Support Method 1-inch 1 stake with one tie 1 - 2 inches 2 stakes with two ties 2 - 4 inches 3 guy wires [with eye bolts and turn buckles] Over 4 inch 4 guy wires [with eye bolts and turn buckles] 3.8 TREE PRUNING A. Prune trees to NAA Class 1 - Fine Pruning. 3.9 MAINTENANCE A. Begin maintenance immediately after planting. B. Maintain trees, shrubs, and other plants until final acceptance. C. Maintain trees, shrubs, and other plants by pruning, cultivating and weeding as required for healthy growth. Restore planting saucers. Tighten and repair stake and guy supports and reset trees and shrubs to proper grades or vertical position as required. Spray as required to keep trees and shrubs free of insects and disease. The Contractor, commencing after final ATTACHMENT D BID NO. 019-2821-19/IT 912 January 2013 02930 - 15 Exterior Plants acceptance, shall guarantee all plantings for a period of one year. D. Maintain lawns until final acceptance. Maintain lawns by watering, fertilizing, weeding, mowing, trimming and other operations such as rolling, regrading and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. 3.10 CLEANUP AND PROTECTION A. During landscape work, store materials and equipment where directed. Keep pavements clean and work area in an orderly condition. B. Protect landscape work and materials from damage due to landscape operation, operations by other contractor and trades and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed. 3.11 INSPECTION AND ACCEPTANCE A. When the landscape work is completed including maintenance, the Landscape Engineer will, upon request, make an inspection to determine acceptability. B. The landscape work may be inspected for acceptance in part agreeable to the Landscape Architect, provided the work offered for inspection is complete, including maintenance, and that the area comprised one complete unit or area of substantial size. C. Where inspected landscape work does not comply with the requirement, replace rejected work and continue specified maintenance until re-inspected by the Landscape Engineer and found to be acceptable. Remove rejected plants and materials promptly from the project site. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 913 Boynton Beach Utilities – April 2018 02960 - 1 Restoration of Surface Improvements SECTION 02960 RESTORATION OF SURFACE IMPROVEMENTS 1 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, reclaimed 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 500 linear feet of incomplete surface restoration including “rocked-in” trench repair. The City may (case by case) approve more than this, but never exceeding 1,000 linear feet of incomplete surface restoration. 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 SC01025 – Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements D. Section 02740 – Subgrade, Base Course and Asphalt E. Section 02924 – Seed, Mulch and Fertilizer F. Section 02925 – Sodding ATTACHMENT D BID NO. 019-2821-19/IT 914 Boynton Beach Utilities – April 2018 02960 - 2 Restoration of Surface Improvements 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. 2 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. ATTACHMENT D BID NO. 019-2821-19/IT 915 Boynton Beach Utilities – April 2018 02960 - 3 Restoration of Surface Improvements 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 ATTACHMENT D BID NO. 019-2821-19/IT 916 Boynton Beach Utilities – April 2018 03300 - 1 Cast-in-Place Concrete SECTION 03300 CAST-IN-PLACE CONCRETE ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (03300) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections:  Section 346 - Portland Cement Concrete  Section 350 - Cement Concrete Pavement  Section 400 - Concrete Structures In the event that this technical specification (03300) 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. ***************************************************************** 1 PART 1 GENERAL 1.1 PURPOSE A. The purpose of this Section is to address concrete that is either mixed on site for thrust blocks, valve collars and other miscellaneous concrete and for concrete delivered to the site by an FDOT licensed Concrete Batch Plant for site placement for driveways, driveway aprons, curbs and gutters, sidewalks, minor equipment pads, light pole base, flagpole base, thrust blocks, manholes, miscellaneous structures and miscellaneous slabs on grade. 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – Quality Requirements ATTACHMENT D BID NO. 019-2821-19/IT 917 Boynton Beach Utilities – April 2018 03300 - 2 Cast-in-Place Concrete 1.3 REFERENCES A. ACI 301 - Specifications for Structural Concrete B. ACI 305R - Hot Weather Concreting C. ACI 308 - Standard Practice for Curing Concrete D. ACI 347 - Recommended Practice for Concrete Formwork E. ASTM D1751 - Standard Specification for Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Non-extruding and Resilient Bituminous Types) F. ASTM C33 - Standard Specification for Concrete Aggregates G. ASTM C94 – Standard Specification for Ready-mixed Concrete H. ASTM C150 - Standard Specification for Portland Cement I. ASTM C260 - Standard Specification for Air-Entraining Admixtures for Concrete 1.4 UNIT PRICE - MEASUREMENT AND PAYMENT A. Refer to Section SC01025 MEASUREMENT AND PAYMENT 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. The job mix formula, materials, and construction methods shall be submitted to the Engineer for approval before concrete begins. Refer to Section SC01340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES. B. Project Record Documents 1. Laboratory reports for compressive strength (7 day and 28 day), slump and air entrainment 2 PART 2 PRODUCTS 2.1 CONCRETE MATERIALS A. Cement: ASTM C150, Type I - Normal B. Fine and Coarse Aggregates: ASTM C33 ATTACHMENT D BID NO. 019-2821-19/IT 918 Boynton Beach Utilities – April 2018 03300 - 3 Cast-in-Place Concrete C. Water: Potable 2.2 FORM MATERIALS A. Form Materials: At the discretion of the Contractor 2.3 REINFORCEMENT A. Reinforcing Steel: ASTM A615, 60 ksi yield grade; deformed billet steel bars, unfinished or epoxy coated in accordance with ASTM A775 finish as called for on the plans. B. Stirrup Steel: ANSI/ASTM A82, unfinished or epoxy coated in accordance with ASTM A775 finish as called for on the plans. C. Welded Steel Wire Fabric: ASTM A497 Deformed Type; in coiled rolls; unfinished or epoxy coated in accordance with ASTM D884 Class A finish as called for on the plans. 2.4 ADMIXTURES A. Air Entrainment: ASTM C260 2.5 ACCESSORIES A. Bonding Agent: Polymer resin emulsion. B. Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi in 48 hours, 7,000 psi in 28 days. 2.6 JOINT DEVICES AND FILLER MATERIALS A. Joint Filler Type A: ASTM D1751; Asphalt impregnated fiberboard or felt, 1/4 inch thick; tongue and groove profile. 2.7 CONCRETE MIX DESIGN A. Refer to FDOT Standard Specifications Section 347 for mix composition of the various types of concrete classes. ATTACHMENT D BID NO. 019-2821-19/IT 919 Boynton Beach Utilities – April 2018 03300 - 4 Cast-in-Place Concrete B. Design mix to produce standard-weight concrete consisting of Portland cement, aggregate, air- entraining admixture and water to produce the following properties: 1. Compressive Strength: 3000 psi, minimum at 28 days. 2. Slump Range: 2" to 4" 3. Air Content: 4% +/- 1.5% 4. Minimum total cementitious content lb/yd3: 530 5. Maximum water cement ratio lb/lb: 0.50 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify site conditions as shown on the contract drawings. B. Verify requirements for concrete cover over reinforcement. C. Verify compacted granular base is acceptable and ready to support concrete placement and imposed loads. D. Verify gradients and elevations of base are correct. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with drawings. E. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 3.2 PREPARATION A. Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. B. In locations where agency jurisdictional requirements specify new concrete be doweled to existing work, or as shown on the drawings, the doweling shall be performed as follows: drill holes in existing concrete, remove ATTACHMENT D BID NO. 019-2821-19/IT 920 Boynton Beach Utilities – April 2018 03300 - 5 Cast-in-Place Concrete dust and debris with compressed air, inject epoxy and insert steel dowels. For Curbs, sidewalks, driveways and other flatwork, provide a minimum of number 5 dowels at 18” o/c along the entire joint between new and existing concrete. Anchoring holes for all dowels shall be drilled at mid depth to provide a minimum penetration of 10” into the existing slab and 18” into the new slab. Brush full depth of each hole and remove dust with compressed air or rinse with water and allow to fully dry prior to epoxy/dowel placement into the existing slab. C. Set forms to required grades and lines, rigidly braced and secured. Install sufficient quantity of forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement. D. Check completed formwork for grade and alignment to the following tolerances: 1. Top of forms not more than 1/8" in 10 feet deviation in alignment 2. Vertical face on longitudinal axis, not more than 1/4" in 10 feet E. Clean forms after each use and coat with form release agent as often as required to ensure separation from concrete without damage. F. Assemble formwork to permit easy stripping and dismantling without damaging concrete. G. Place joint filler vertical in position, in straight lines to the full depth of the concrete. Secure to formwork during concrete placement. H. Place, support and secure reinforcement against displacement. Do not deviate from required position. 3.3 INSERTS, EMBEDDED PARTS, AND OPENINGS A. Provide formed openings where required for items to be embedded in passing through concrete work. B. Locate and set in place items, which will be cast directly into concrete. ATTACHMENT D BID NO. 019-2821-19/IT 921 Boynton Beach Utilities – April 2018 03300 - 6 Cast-in-Place Concrete C. Coordinate with work of other sections in forming and placing openings, slots, recesses, sleeves, bolts, anchors, other inserts, and components of other Work. D. Install accessories in accordance with manufacturer's instructions, straight, level, and plumb. Ensure items are not disturbed during concrete placement. E. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain. F. Close temporary openings with tight fitting panels, flush with inside face of forms, and neatly fitted so joints will not be apparent in exposed concrete surfaces. 3.4 QUALITY CONTROL A. Field inspection and testing will be performed in accordance with ACI 301. B. Provide free access to Work and cooperate with appointed firm. C. Tests of cement and aggregates may be performed to ensure conformance with specified requirements. D. Four (4) concrete test cylinders will be taken for every 75 or less cubic yards of each class of concrete placed or for each day concrete is placed. 1. Compressive strength test reports are to be provided in a progressive manner as the testing laboratory generates them. Contractor shall instruct their subcontracted laboratory to send copies to the Project Manager. E. One additional test cylinder will be taken during cold weather concreting, cured on job site under same conditions as concrete it represents. F. One slump test will be taken, by the independent testing laboratory, for each set of test cylinders taken. ATTACHMENT D BID NO. 019-2821-19/IT 922 Boynton Beach Utilities – April 2018 03300 - 7 Cast-in-Place Concrete 3.5 PLACING CONCRETE A. Place concrete in accordance with ACI 301, ACI 302 or ACI 318. CONCRETE SHALL BE CONSOLIDATED DURING THE PLACEMENT WITH THE USE OF APPROPRIATE VIBRATORY EQUIPMENT. B. Notify Engineer minimum 24 hours prior to commencement of operations. C. Ensure reinforcement, inserts, embedded parts, formed expansion and contraction joints, are not disturbed during concrete placement. D. Place joint filler in as shown on the plans. Set top to required elevations. Secure to resist movement by wet concrete. E. Install joint devices in accordance with manufacturer's instructions. F. Maintain records of concrete placement. Record date, location, quantity, air temperature, and test samples taken. G. Place concrete continuously between predetermined expansion, control, and construction joints. 3.6 JOINTS A. Make joints between old and new pavements, or between successive days work, to ensure continuous abutment between adjoining work. B. Construct joints to have same texture, density and smoothness as other sections of cement concrete course. Clean contact surfaces and install expansion joints prior to next day's installation. C. Weakened-Plane (Contraction) Joints: Provide weakened- plane joints, sectioning concrete into areas as shown on the drawings or every five linear feet for curbs. Construct weakened-plane joints for a depth equal to at least 1/4 concrete thickness, as follows: 1. Sawed Joints: Form weakened-plane joints using powered saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut joints into hardened concrete as soon as surface will not be ATTACHMENT D BID NO. 019-2821-19/IT 923 Boynton Beach Utilities – April 2018 03300 - 8 Cast-in-Place Concrete torn, abraded, or otherwise damaged by cutting action. 2. Construction Joints: Place construction joints at end of all pours and at locations where placement operations are stopped for a period of more than 1/2 hour, except where such pours terminate at expansion joints. D. Expansion Joints: Provide premolded joint filler for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, walks and other fixed objects, unless otherwise indicated. E. Extend joint fillers full-width and depth of joint, and not less than 1/2" or more than 1", and 1" below finished surface for joint sealer. 3.7 FINISHING A. After striking-off and consolidating concrete, smooth surface by screeding and floating. Use hand methods only where mechanical floating is not possible. Adjusting floating to compact surface and produce a uniform texture. B. After floating, test surface for trueness with a 10- foot straightedge. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. C. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2" radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. D. After completion of floating and when excess moisture or surface sheen has disappeared, complete surface finishing, as follows: 1. Driveway aprons and Sidewalk Paving: Light broom, radius to 1/4-inch radius, and trowel joint edges. At the junction of sidewalks to roadway crossings, the sidewalks shall have a tactile surface treatment as specified in FDOT. 2. Median Barrier: Light broom, radius to 3/4-inch radius, and trowel joint edges. 3. Curbs and Gutters: Light broom. ATTACHMENT D BID NO. 019-2821-19/IT 924 Boynton Beach Utilities – April 2018 03300 - 9 Cast-in-Place Concrete 4. Direction of Texturing: Parallel to pavement direction. 5. Inclined Vehicular Ramps: Broomed perpendicular to slope. E. Place curing compound on exposed concrete surfaces immediately after finishing. Apply in accordance with manufacturer's instructions. 3.8 FORM REMOVAL A. Forms shall not be removed before the expiration of the minimum number of days indicated below, except when specifically authorized. When conditions of the work are such as to justify it, forms may be required to remain in place for longer periods. 1. Sidewalks, driveways, driveway aprons: 4 days 2. Walls & vertical faces: 7 days 3.9 PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, mechanical injury and vandalism. B. Drill test cores where directed by the Project Manager, when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. C. Repair or replace broken or defective concrete, as directed by the Project Manager. D. Sweep concrete pavement and wash free of stains, discolorations, dirt and other foreign material just prior to Final Acceptance. 3.10 PATCHING A. Allow the Project Manager to inspect concrete surfaces immediately upon removal of forms. B. Excessive honeycomb or embedded debris in concrete is not acceptable. ATTACHMENT D BID NO. 019-2821-19/IT 925 Boynton Beach Utilities – April 2018 03300 - 10 Cast-in-Place Concrete C. Patch imperfections as directed in accordance with ACI 301. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 926 January 2013 03415 - 1 Prestressed Concrete Piles SECTION 03415 PRESTRESSED CONCRETE PILES ****************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (03415) shall govern the applicable project work that is typically identified in the FDOT Specification and Standard sections. In the event that this technical specification (03415) 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. ****************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Prestressed precast concrete piles with or without steel point 1.2 RELATED SECTIONS A. Section SC01025 – Measurement and Payment Procedures B. Section SC01340 – Shop Drawings, Work Drawings and Samples C. Section SC01400 – Quality Requirements D. Section 02018 – Vibration Monitoring 1.3 REFERENCES A. ASTM A416/A416M - Standard Specification for Steel Strand, Uncoated Seven-Wire for Prestressed Concrete B. ASTM A615 - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement C. PCI MNL-116S - Manual for Quality Control for Plants and Production of Precast and Prestressed Concrete Products ATTACHMENT D BID NO. 019-2821-19/IT 927 January 2013 03415 - 2 Prestressed Concrete Piles 1.4 UNIT PRICES A. Piles: 1. Actual Pile Quantity: Determined by quantity of piles identified in the project construction drawings. 2. Actual Pile Length: Determined by length of piles identified in project construction drawings. 3. Test Piles: 5 feet longer than design length piles. B. Contract unit price per unit length including test piles, multiplied by the Actual Pile Length. Base measurement on total linear measurement of piling from base to top elevation, except for test piles calculated at 5 feet longer. C. Determination of Unit Measurements: Identified by site measurements and verified by the Engineer. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Shop Drawings: Indicate details and schedule of pile installation sequence. Identify pile length and size to suit design requirements. B. Product Data: Provide details of points, splices, cushion blocks and caps. C. Pile Driving Analysis (PDA): A detailed PDA procedure. D. In addition to the PDA data, the contractor shall keep a record of each pile driven and shall furnish daily typewritten copies to the Engineer. The records shall give the size, length, location, calculated safe load, the blow count of the hammer and the results of any tests. 1.6 PERFORMANCE REQUIREMENTS A. Drive piles to defined load supporting capacity load supporting capacity as indicated. ATTACHMENT D BID NO. 019-2821-19/IT 928 January 2013 03415 - 3 Prestressed Concrete Piles 1.7 QUALITY ASSURANCE A. Standards and Codes: Design units in accordance with requirements of ACI 318-77, and as specified in this section. B. Where buildings are involved, comply with local building code requirements if more stringent than ACI 318-77. C. Perform Work in accordance with PCI MNL-116. 1.8 CONTRACTOR QUALIFICATIONS A. Installer: Company specializing in performing the work of this section with minimum five (5) years documented experience. B. Design and select pile components under direct supervision of a Professional Structural Engineer experienced in design of this work and licensed in the State of Florida. 1.9 PRE-INSTALLATION CONFERENCE A. Convene with the Project Manager and Engineer two (2) weeks prior to commencing work. 1.10 SCHEDULING B.A. Schedule Work to perform driving during 8:00 am and 4:00 pm hours, unless an extension of the hours is authorized in writing by the Project Manager. C.B. Schedule test piles as required. 1.11 DELIVERY, STORAGE, AND HANDLING A. After pile lengths are verified, deliver materials to the project site in such quantities and at such times to assure the continuity of pile driving operations to the project schedule. B. Store piles in orderly groups above ground and blocked at pre-designated points during storage to minimize bending stresses. Formatted: Bullets and Numbering Formatted: Bullets and Numbering ATTACHMENT D BID NO. 019-2821-19/IT 929 January 2013 03415 - 4 Prestressed Concrete Piles C. Lift and handle piles at designated lifting points. Piles damaged due to mishandling will be rejected. 2 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 MATERIALS A. Piles shall be the size and shape shown on the project construction and shop drawings. B. Concrete: Minimum 5,000 psi 28 day strength, Normal Portland cement; aggregates and sand as recommended by pile manufacturer. C. Tensioning Steel Tendons: ASTM A416 Grade 250k of sufficient strength commensurate with member design. D. Reinforcing Steel: ASTM A615 Grade A, deformed steel bars, unless an approved alternate is recommended by pile manufacturer. 2.3 PRESTRESSING TENDONS A. Uncoated, 7-wire stress-relieved strand complying with ASTM A415 B. Tendon Anchorages: Provide tendon anchorages for pretensioning capable of anchoring reinforcement for prestressed concrete without slippage after seating. C. Provide steel cases for prestressing steel strand which have been proof tested by the manufacturer to at least 90% of the ultimate strength of the strand. 2.4 FABRICATION A. Pile Points (if used): Hardened steel, hollowed tip to minimize bounce or deflection. ATTACHMENT D BID NO. 019-2821-19/IT 930 January 2013 03415 - 5 Prestressed Concrete Piles B. Pile Connectors: Fabricated of steel angles, fitted to outside dimensions of square pile ends. C. Shop fabricate pile in maximum practical lengths to meet design requirements. 2.5 SOURCE QUALITY CONTROL A. Provide shop testing and inspection of piles under provisions of Section SC01400 QUALITY REQUIREMENTS. B. Test sample piles in accordance with PCI MNL-116 as required. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify site conditions under provisions of the applicable Section of the City’s technical specifications. 3.2 PREPARATION A. Use driving method that will not cause damage to nearby structures. B. Notify adjacent and affected landowners and building occupants with 2 days notice before proceeding with the Work. C. Protect structures near the Work from damage. 3.3 DRILLING A. Drill holes to facilitate driving only if piling cannot be completed in specified manner. Drill only through strata that obstructs driving. B. Hole Diameter: Maximum 1 inch larger than tip dimension. 3.4 TEST PILES A. A test pile of the same size and materials as the other piles shall be driven with the same equipment and in the same manner as specified for other piles. The test pile shall be driven in the location of one of the ATTACHMENT D BID NO. 019-2821-19/IT 931 January 2013 03415 - 6 Prestressed Concrete Piles final piles, as shown on the drawing, in advance of final driving of other piles so that lengths for casting may be determined. During driving, an accurate record of the penetration shall be kept. The test pile may be incorporated into the work as a permanent pile unless damaged, mislocated, or driven out of alignment. 3.5 DRIVING PILES A. In some cases, as directed by the Project Manager or Engineer, the Contractor may be required to set up vibration monitoring equipment and monitor the pile driving operations in accordance with Section 02018 VIBRATION MONITORING. B. Perform PDA monitoring during all pile driving. C. Piles shall be driven by such methods and equipment as will not impair their strength and as will insure the pile retaining the initial driving resistance and full lateral support of the soil. Piles without proper lateral support will be rejected. D. Pile driver leads shall be of such a type that will hold the pile firmly in position and alignment and in axial alignment with the hammer. Driving of each pile shall be continuous without interruption until the pile has been driven to final penetration. If driving is interrupted before final penetration is reached, the record of penetration shall not be resumed until at least a 12-inch penetration has been obtained on resumption of driving. E. Cap blocks shall consist of one solid block of hardwood of proper shape and dimensions to fit the hammer. The grain of the block shall be parallel to the axis of the pile. If laminated materials are used, the strength of such materials shall be equal to or greater than hardwood. The introduction of other materials to cushion the hammer blows will not be permitted. Details of the cap block arrangement shall be submitted to the Engineer for approval as specified above. F. All piling within one-hundred (100) feet of an existing structure shall be predrilled. Any pile shall be predrilled if required by underground obstructions. Size of predrilled hole shall be such that pile has lateral support of soil. Extreme caution shall be exercised during pile driving operations to prevent ATTACHMENT D BID NO. 019-2821-19/IT 932 January 2013 03415 - 7 Prestressed Concrete Piles damage to existing facilities and structures due to vibrations or other effects. G. Piles shall be driven with diesel or steam operated hammer which develops a minimum energy of 15,000-foot pounds per blow. Piles shall be designated for a safe bearing capacity of 25 tons, as determined by the following formula: 2E R = S + 0.1 + 0.01P Where: R = Safe bearing value in tons. S = the average penetration per blow in inches P = weight of the pile as driven in tons E = energy per blow of hammer in foot-tons "S" shall be determined by computing the penetration per blow averaged during the last 10 to 20 hammer blows. "E" = manufacturers rated capacity for the speed used in driving for double acting hammers; [product of weight of striking parts of hammer] x [height of hammer fall for single acting hammers]; energy per blow shall be determined in accordance with manufacturer's recommendations for combustion hammers. H. All piles damaged, mislocated or driven out of alignment shall be withdrawn and replaced. Only when approved in writing by the Project Manager and Engineer, the abandoned pile may be left in place. Replacement piles shall be furnished and driven without additional cost to the Owner. This provision shall also apply to test piles. I. Observation and measurements shall be made in the field during the process of driving by any suitable method satisfactory to the Project Manager and Engineer, to determine whether a driven pile has been lifted from its original seat during the operation of driving adjacent piles. The Contractor shall provide the necessary tools and instruments to make these measurements. Where such observations or measurements indicate that a pile has been unseated, it shall be re- driven to the resistance specified. J. When approved by and Engineer, piling may be jetted to within 24 inches of final bearing, provided that each ATTACHMENT D BID NO. 019-2821-19/IT 933 January 2013 03415 - 8 Prestressed Concrete Piles section is driven to final bearing in accordance with the criteria presented above. 3.6 TOLERANCES A. Maximum Variation from Vertical for Plumb Piles: 1 in 48; however not more 2 inches. B. Maximum Variation from Required Angle for Batter Piles: 1 in 24. C. Maximum Variation from Pile Cut-off Elevation: 4 inches. D. Maximum Out-of-Position: 3 inches. 3.7 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section SC01400 QUALITY REQUIREMENTS. B. Perform load tests to requirements of FDOT Standard Specifications Section 455-7. C. Test Piles: Same diameter and type as specified for other piling, placed in same manner. D. Accepted test piles may be used in the Work. 3.8 UNACCEPTABLE PILES A. Unacceptable Piles: Piles that fail tests, are placed out of position, are below cut-off elevations, or are damaged. B. Provide additional piles or replace piles to conform to specified requirements. END OF SECTION ATTACHMENT D BID NO. 019-2821-19/IT 934 January 2013 03930 - 1 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, latest edition, 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. ****************************************************************** 1 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 SC01025 – Measurement and Payment B. Section SC01340 – Shop Drawings, Work Drawings, and Samples C. Section SC01400 – 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 ATTACHMENT D BID NO. 019-2821-19/IT 935 January 2013 03930 - 2 Concrete Rehabilitation 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. ATTACHMENT D BID NO. 019-2821-19/IT 936 January 2013 03930 - 3 Concrete Rehabilitation 2 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. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify that surfaces are ready to receive work. ATTACHMENT D BID NO. 019-2821-19/IT 937 January 2013 03930 - 4 Concrete Rehabilitation 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. C. Remove temporary seal and excess adhesive. D. Clean surfaces adjacent to repair and blend finish. ATTACHMENT D BID NO. 019-2821-19/IT 938 January 2013 03930 - 5 Concrete Rehabilitation 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 ATTACHMENT D BID NO. 019-2821-19/IT 939 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 May 9, 2019 Johnson-Davis, Inc. VIA E-MAIL TO: sjohnson@johnsondavis.com REF: AWARD OF BID NO. 019-2521-19/IT– Repairs and Emergency Services At the meeting of May 7, 2019, City Commission awarded the subject Bid to your firm as the SECONDARY vendor. The initial term of the Contract will be from May 8, 2019 thru May 7, 2021. With the option to renew for three (3) additional one-year terms subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. A link to the approved agenda item and associated backup may be obtained at the following link: https://boyntonbeach.novusagenda.com/AgendaIntranet/CoverSheet.aspx?ItemID=5907&MeetingID=260 Please submit your company’s Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. Upon receipt of the Certificate of Insurance, we will provide you with a purchase order. The Contract Manager for this Contract is Tremaine Johnson, Telephone: (561) 742-6476 and e-mail: JohnsonTr@bbfl.us. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Johnson-Davis, Inc. Sincerely, Eric Marmer Eric Marmer, MPA Buyer cc: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities Central File File 940 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 May 9, 2019 Madsen/Barr Corp. VIA E-MAIL TO: johnbarr@madsenbarr.com REF: AWARD OF BID NO. 019-2521-19/IT– Repairs and Emergency Services At the meeting of May 7, 2019, City Commission awarded the subject Bid to your firm as the PRIMARY vendor. The initial term of the Contract will be from May 8, 2019 thru May 7, 2021. With the option to renew for three (3) additional one-year terms subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. A link to the approved agenda item and associated backup may be obtained at the following link: https://boyntonbeach.novusagenda.com/AgendaIntranet/CoverSheet.aspx?ItemID=5907&MeetingID=260 Please submit your company’s Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. Upon receipt of the Certificate of Insurance, we will provide you with a purchase order. The Contract Manager for this Contract is Tremaine Johnson, Telephone: (561) 742-6476 and e-mail: JohnsonTr@bbfl.us. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Madsen/Barr Corp. Sincerely, Eric Marmer Eric Marmer, MPA Buyer cc: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities Central File File 941 942 943 944 945 City of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases over $100,000 07/16/2024 Meeting Date: 07/16/2024 Proposed Resolution No. R24-162- Amend FY 2023-24 Capital Project account. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (303). Proposed Resolution No. R24-163- Award Bid # CS24-038 for Road Resurfacing and Pedestrian Crossing Projects for Golfview Harbor and The Meadows to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating LLC in the amount of $853,788.40 plus a 10% contingency amount of $85,378.84 for a total estimated amount of $939,167.24. Requested Action: Staff recommends approval of Proposed Resolution No. R24-162 and R24-163. Explanation of Request: Contract Term: Work to be completed 270 calendar days after effective date of the agreement On July 1, 2024, Procurement received and tabulated four (4) proposals for Road Resurfacing and Pedestrian Crossing Projects, with a mandatory pre-bid meeting held on May 6, 2024, to review the project with interested and qualified contractors. The scope of work is to provide all labor, materials, and equipment necessary for Road Resurfacing and Pedestrian Crossing Project according to the attached and incorporated specifications and paving location lists for Golfview Harbor and the Meadows. It was determined that this award be recommended to Atlantic Southern Paving and Sealcoating, LLC. Time is of the essence for this contract, and liquidated damages of $1,000 per day for delays and $250 per day for neglect are in place for any delays or neglect. These are standard practice. How will this affect city programs or services? The purpose of this bid is to secure a contractor to provide road resurfacing and pedestrian walkways for the neighborhoods of Golfview Harbor and The Meadows. Fiscal Impact: A budget amendment is required to approve the funding and expenditure of this project in the 303 fund, see attached exhibit "A". Note funds will be pulled from 303 fund balance, which will impact next year's projects; staff recommends delaying the following projects in fiscal year 2024-25 CIP for the 303 fund: 946 Hester Center Playground - $300K Fire Station #4 Bay Painting - $170K Oceanfront Sidewalk Repaving - $100K Street Improvements - $500K Attachments: R24-162 Agenda_Item_1813-2023_Resolution_for_Budget_Amd (2).docx Exhibit A to Budget Reso - FY2324 Fund 303 Budget Amendment for Golfview Harbor-The Meadows.pdf R24-163 Agenda_Item_1813-2023_Resolution_for_Bid__CS24- 038_Award_and_Contract_to_Atlantic_Southern__REV_ (2).docx Exhibit A to Resolution - CS24-038 Contract First Signature.pdf Attachment A - Site Exhibit-Golfview Harbor Resurfacing.pdf Attachment B - Meadows Neighborhood & Speed Tables & Humps - 2.pdf Attachment B - Meadows Neighborhood & Speed Tables & Humps.pdf Attachment B - The Meadows.pdf CS-24-038 Road Resurfacing and Pedestrian Crossing Project.pdf AtlanticSouthern Proposal COI.pdf Power_Point.pptx 947 RESOLUTION NO. R24-1621 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A CAPITAL APPROPRIATION AMENDMENT 4 FOR BUDGET YEAR 2023-2024 FOR THE GOLFVIEW HARBOR AND THE 5 MEADOWS PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR ALL 6 OTHER PURPOSES. 7 8 WHEREAS,the Fiscal Year 2023 -2024 Budget was adopted September 27, 2023; and9 WHEREAS, accordingly staff is requesting Commission approval to amend the Fiscal Year 10 2023-2024 budget as noted specifically on Exhibit A; and11 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 12 the best interests of the citizens and residents of the City to approve a Capital Appropriation 13 Amendment for Budget Year 2023-2024 for the Golfview Harbor and The Meadows Project.14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT:17 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption.19 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 20 approve a Capital Appropriation Amendment for Budget Year 2023-2024 for the Golfview Harbor 21 and The Meadows Project, in form and substance similar to that attached as “Exhibit A.” 22 SECTION 3.This Resolution shall take effect in accordance with law.23 24 25 26 27 [signatures on following page]28 29 30 948 PASSED AND ADOPTED this 16th day of July 2024.31 CITY OF BOYNTON BEACH, FLORIDA32 YES NO33 Mayor – Ty Penserga __________34 35 Vice Mayor – Aimee Kelley __________36 37 Commissioner – Angela Cruz __________38 39 Commissioner – Woodrow L. Hay __________40 41 Commissioner – Thomas Turkin __________42 43 VOTE ______44 ATTEST:45 46 ___________________________________________________________47 Maylee De Jesús, MPA, MMC Ty Penserga48 City Clerk Mayor49 50 APPROVED AS TO FORM:51 (Corporate Seal)52 53 _______________________________54 Shawna G. Lamb55 City Attorney56 949 Exhibit A 2023/24 2023/24 AMENDMENT  APPROVED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor GENERAL FUND 303‐0000‐389.91‐00 FUND BALANCE APPROPR 4,520,989$         939,168 5,460,157$           Approved Fund Total Revenues 8,977,989$         939,168$           9,917,157$           303‐4905‐541.63‐08 STREET IMPROVEMENTS 2,901,968           939,168                3,841,136            TR24XX Golfview Harbor/The Meadows Approved Fund Total Expenses 8,977,989$         939,168$             9,917,157$           CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS       BUDGET YEAR 2023‐24, Commission Meeting 07/16/24 Amendment S:\Finance\Budget Amendments and Transfers\FY2023‐24\Current Year Amendment\FY2324 Fund 303 Budget Amendment for Golfview Harbor‐The MeadowsAmendment 030520241 7/9/20243:29 PM950 RESOLUTION NO. R24-1631 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AWARDING ITB NO. CS24-038 FOR ROAD RESURFACING 4 AND PEDESTRIAN CROSSING PROJECTS FOR GOLFVIEW HARBOR AND THE 5 MEADOWS TO ATLANTIC SOUTHERN PAVING AND SEALCOATING, LLC; 6 APPROVING A CONSTRUCTION CONTRACT WITH ATLANTIC SOUTHERN 7 PAVING AND SEALCOATING, LLC FOR AN AMOUNT OF $853,788.40 PLUS A 8 10% CONTINGENCY AMOUNT OF $85,378.84 FOR A TOTAL EXPENDITURE 9 NOT TO EXCEED OF $939,167.24; PROVIDING AN EFFECTIVE DATE; AND 10 FOR ALL OTHER PURPOSES. 11 12 WHEREAS,On May 1, 2024, the Procurement Division issued ITB No. CS24-038 for Road 13 Resurfacing and Pedestrian Crossing Projects for Golfview Harbor and The Meadows; and14 WHEREAS, On July 1, 2024, the Procurement Division received and tabulated four (4) 15 proposals for Road Resurfacing and Pedestrian Crossing Project; subsequently tt was determined 16 to recommend this award to Atlantic Southern Paving and Sealcoating LLC (“Vendor”); and17 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 18 the best interests of the citizens and residents of the City to award ITB No. CS24-038 for Road 19 Resurfacing and Pedestrian Crossing Projects for Golfview Harbor and The Meadows to Atlantic 20 Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic 21 Southern Paving and Sealcoating, LLC for an amount of $853,788.40 plus a 10% contingency 22 amount of $85,378.84 for a total not to exceed contract sum of $939,167.24.23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 award ITB No. CS24-038 for Road Resurfacing and Pedestrian Crossing Projects for Golfview 29 Harbor and The Meadows to Atlantic Southern Paving and Sealcoating, LLC.30 SECTION 3.The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve a Construction Contract, between Southern Paving and Sealcoating, LLC and the City for 32 ITB No. CS24-038 for Road Resurfacing and Pedestrian Crossing Projects for Golfview Harbor and 33 951 The Meadows for an amount of $853,788.40 plus a 10% contingency amount of $85,378.84 for a 34 total estimated amount of $939,167.24 (the “Contract”), in form and substance similar to that 35 attached as “Exhibit A.” 36 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the City Manager to execute the Contract and such other related documents as may 38 be necessary to accomplish the purpose of this Resolution.39 SECTION 5.One fully-executed original of the Contract shall be retained by the City 40 Clerk as a public record of the City. A copy of the fully-executed Contract shall be provided to 41 Kevin Ramsey and Michael Dauta to forward to the Vendor.42 SECTION 6.This Resolution shall take effect in accordance with law.43 44 [signatures on following page]45 952 PASSED AND ADOPTED this 16th day of July 2024.46 CITY OF BOYNTON BEACH, FLORIDA47 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 ATTEST:60 61 ___________________________________________________________62 Maylee De Jesús, MPA, MMC Ty Penserga63 City Clerk Mayor64 65 APPROVED AS TO FORM:66 (Corporate Seal)67 68 _______________________________69 Shawna G. Lamb70 City Attorney71 953 954 955 956 957 958 959 960 961 962 963 964 965 TASK 191 - Golfview Harbor Resurfacing 1 of 7 SCOPE OF WORK Furnish/ Install new Stop signs and Street signs as indicated locations called for on exhibit Remove/Replace existing speed humps upon completion of road resurfacing operations Remove/Construct new sidewalk where indicated Furnish/Install new ADA ramps/ tactile warning mats as called out on site exhibit 1 Density proctor required for each repair area requiring base corrections/rework at all full road wight locations or repair areas greater than 300 SF Cut swale locations where indicated sod to be removed and replaced to match edge of pavement and allow for drainage into swale ( See CBB Std Engineering Detail D-13/ 6" Max Depth ) Mill existing asphalt & Repave Type S-III x 1 1/2" th. Repair distressed area of pavement as located on exhibit strip existing asphalt, remove any disturbed of contaminated base, place new base as needed to level, restore crown and compact to 98% Density Furnish/ install new pavement markings to duplicate existing layout, Furnish/ Install new stop Bars & Dbl yellow on side streets as per call outs on exhibit w corresponding RPM locations NORTHVICINITY MAP 2 3 3 4 6 966 2 of 7 Mill existing asphalt pavement & resurface with 1 1/2" Th Type S-III Asphalt Match Line - cont'd belowMatch Line - cont'd aboveStart Resurfacing SW 27th Ave Mill & repave turnouts - terminate new pavement 1' in front of existing stop bar location (Typ.- All) Furnish & Install new pavement markings as per existing - conform to PB Co. Stds-TP-21 Raise existing MH R & C with 1 1/2" Steel Adjusting Ring (2 req'd) (U.S. Foundry or equal) Full width Base Repair 20'x30' 6'x6' Base Repair 5'x15' Base Repair Match Line - cont'd pg 35'x30' Base Repair 6'x6' edge repair at turnout install and compact new 6" base prior to new asphalt placement Remove/Replace existing 12' Asphalt Speed Hump at same location Post milling - Inspect & correct rock as needed -remove any contaminants, level rock, restore road crown and re-pave, extend rock 6" min beyond E.O.P. 20' 20' 5'x10'' 10'x 20' Base Repair Area is subsided END mill & pave for SW 14th St continuation of SW 14th St cont'd pg 6 SW 27th Ave (west to east/view 1) SW 27th Ave (west to east/view 2) Remove/Replace existing 12' Asphalt Speed Hump at same location 1301 Remove/Replace existing 12' Asphalt Speed Hump at same location See sheet 4 for SW 11th St at SW 27 th Ave Furnish/ install new stop bar , 6" dbl yellow x 20' Lg & 4 RPMs ( typ. all Stop conditions) Mill existing asphalt pavement & resurface with 1 1/2" Th Type S-III Asphalt Install thermo & RPM's about grass medians as per PB Co. TP 21 Stds (sht 5, det. #14) (typ.-all grass medians) Remove damaged exisiting 4 x 21 x 4" th sidewalk Remove/replace 4'x4' (6"th.) sidewalk Remove/replace 4'x4' (6"th.) sidewalk Remove/replace 4'x6' (6"th.) sidewalk Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Mill & repave turnouts - terminate new pavement 1' in front of existing stop bar location (Typ.- All) 967 TASK 191 - Golfview Harbor Resurfacing 3 of 7Match Line - cont'd pg 2Match Line - cont'd pg 4END of resurfacing SW 27th Ave Start Resurfacing SW 11th St.SW 25th WaySW 27th Ave (west to east/view 3) SW 11th St Ave (north to southt/view 1) Furnish/ install new stop bar , 6" dbl yellow x 20' Lg & 4 RPMs ( typ. all Stop conditions) Mill & Repave side street connection 1' in front of existing stop bar (typ.) Furnish/ install new stop bar , 6" dbl yellow x 20' Lg & 4 RPMs ( typ. all Stop conditions) Mill & Repave side street connection 1' in front of existing stop bar (typ.) Furnish/ install new stop bar , 6" dbl yellow x 20' Lg & 4 RPMs ( typ. all Stop conditions)Mill & Repave side street connection 1' in front of existing stop bar (typ.) Mill existing shalt pavement & resurface with 1 1/2" Th Type S-III Asphalt Mill existing shalt pavement & resurface with 1 1/2" Th Type S-III Asphalt Existing Street Signs & Stop sign OK Remove/Replace existing 12' Asphalt Speed Hump at same location Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo 968 TASK 191 - Golfview Harbor Resurfacing 4 of 7 End resurfacing SW 11th St SW 11th St Ave (north to southt/view 2) SW 11th St Ave (north to southt/view 3)Match Line - cont'd pg 3Match Line - cont'd pg 4 - belowMill & Repave side street connection 1' in front of existing stop bar (typ.) Furnish/ install new stop bar, 6" dbl yellow x 20' Lg & 4 RPMs ( typ. all Stop conditions) See sht 2 for SW 27th Ave 6'x 40' area of block cracking Post milling - Inspect & correct rock as needed -remove any contaminants, level rock, and re-pave, extend rock 6" min beyond E.O.P. about radius 17' x 20' full width repair remove any contaminated material level & restore road crown, re-compact base 20' 20' Mill & Repave side street connection 1' in front of existing stop bar (typ.) Mill & Repave side street connection 1' in front of existing stop bar (typ.)SW 28th AveRemove/Replace existing 12' Asphalt Speed Hump at same location Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logoSW 25th Way969 TASK 191 - Golfview Harbor Resurfacing 5 of 7 Install thermo & RPM's about grass medians as per PB Co. TP 21 Stds (sht 5, det. #14) (typ.-all grass medians) 12x20 road base repair 20x20 road base repair Match Line - cont'd pg 6 Start resurfacing SW 25th Place Mill existing shalt pavement & resurface with 1 1/2" Th Type S-III Asphalt Furnish/Install new stop bar as per exisiting Chevron Area and RPMs for median nosing as per PB Co Stds TP-21 sht 5 of 10 det #10 (replace as per existing) Furnish/Install new stop bar as per exisiting SW 25th Place (west to east/view 1) Add single 6" yellow thermoplastic pavement markings about grass medians & associated RPM's (TP-21/Sht 5of 12/ Det.#14) 20x15 full road width base repair Street signs & Stop Sign OK Replace-Furnish/install regulatory sign R2-1 Existing street signs & stop sign OK 80'x6.5' 93'x6.5' Remove sod cut swale +/- 9" to reflect CBB Std Eng'rg Detail D-13 ( 6" max depth at CL of swale , install new like type sod 1" below EOP Remove sod cut swale +/- 6-8" to reflect CBB Std Eng'rg Detail D-13 ( 6" max depth at CL of swale , install new like type sod 1" below EOP Remove sod cut swale +/- 6-8" to reflect CBB Std Eng'rg Detail D-13 ( 6" max depth at CL of swale , install new like type sod 1" below EOP 140'x6.5' 50'x6.5' remove/replace 4'x21' (4") concrete sidewalk remove/replace 4'x5' (6") concrete sidewalk 970 TASK 191 - Golfview Harbor Resurfacing 6 of 7 Valve Adj 20x20 Edge repair at Turnout Extend base rock " Beyond EOP (6"th.) Furnish & Inspall new stop bar & 20' Dbl Ylw w/ 4ea RPM's Furnish & Inspall new stop bar & 20' Dbl Ylw w/ 4ea RPM's 20' 20' See previous sheet for SW 25th Place 20' x 6' W Edge repair at Turnout Extend base rock 6" Beyond EOP (6"th.) 5'x 20' base repair extend rock base 6' beyond EOP 6' Th. (min.) Furnish & Inspall new stop bar & 20' Dbl Ylw w/ 4ea RPM's END NEW PAVEMENT END NEW PAVEMENT (SW 14th Ct) Continue new pavement to SW 27th Ave Existing Ramps/Mats-OK Furnish & Inspall new stop bar & 20' Dbl Ylw w/ 4ea RPM's SW 14 Ct & SW 14 St (View 1) Mill & Repave side street connection 1' in front of existing stop bar (typ.) Furnish/Install 3 ea flexible traffic delineater posts x42" ( 5' c.t.c.) yellow post/ wht. reflective tape construct new 4'x6' Ramp w/ ADA Warning Mat Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Street Sign OK Detail G-9) no sailfish logo Furnish/Install 3 ea flexible traffic delineater posts x42" ( 5' c.t.c.) yellow post/ wht. reflective tape Replace existing Object Marker to conform to TP-21 ( sht 10/Det#2) Furnish/replace existing Thermo Stop Bar Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Furnish/replace street signs (conform to CBB std Engineering Detail G-9) no sailfish logo Replace-Furnish/install regulatory sign R2-1 (TP21 Std- sht 10/Det#2)Match Line - cont'd view 2 (below)Match Line - cont'd view 1 (above)SW 14 Ct & SW 14 St (View 2) END NEW PAVEMENT (SW 14th St) Base repair as dimensioned- remove any contaminated material level & restore road crown, re-compact base 6'x20'40'Remove existing & construct new 4' x 6' ADA ramp w/ Mat Remove sod cut swale +/- 9" to reflect CBB Std Eng'rg Detail D-13 ( 6" max depth at CL of swale , install new like type sod 1" below EOP 4x6 4x4 4x4 4x10 4x5 (4") sidewalk repair 10'x 4 0 ' 10'x 4 0 ' 10'x 60' 5'x60' Base repair at pavement joint-remove any contaminated material, level rock contour round crown and re-compact base Remove existing construct new 4x6 ADA ramp w/mat 4x84x6 (6") 20' x 6' W Edge repair at Turnout Extend base rock 6" Beyond EOP (6"th.) Valve Adj 971 TASK 191 - Golfview Harbor Resurfacing 7 of 7 CBB STD ENGINEERING DETAILS D-13 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.SWALE REPLACEMENT DETAIL 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-1 ROADWAY DESIGN CRITERIA * * ROADWAY DESIGN CRITERIA BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-2 TABLE OF MATERIALS AND CONSTRUCTION STANDARDS: RESIDENTIAL ACCESS AND LOCAL STREETS PAVEMENT COMPOSITION RESIDENTIAL ACCESS AND LOCAL STREETS BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-5 LOCAL STREET PAVEMENT EDGE DETAILS P-11 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.ROADWAY SWALES * MINIMUM.* "A" "B" "A" LOCATIONTYPE TABLE OF SIDEWALK JOINTS LAND DEVELOPMENT REGULATIONS.OTHER AREAS AS SPECIFIED BY THE MULTI-FAMILY AREAS SINGLE-FAMILY AREAS WIDTHS - "W"TABLE OF SIDEWALK AT DRIVEWAYS & OTHER AREASWITHIN 10' OF CROSS-STREETS, THICKNESS - "T"TABLE OF SIDEWALK RESIDENTIAL AREAS P-16SIDEWALK CONSTRUCTION DETAIL BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-9STREET SIGN/STOP SIGN DETAIL 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-10"TELESPAR" SIGN SUPPORT SYSTEM 02/20 972 north VICINITY MAP TASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing SCOPE OR WORK > Mill 1/ 1/2" of existing asphalt > Level and restore road, re-compact any area of exposed rock / crown 25 applicable > Pave 1 1/2" new type SIII asphalt > Restore base, extend 6" beyond edge of new pavement at turnouts and deficient areas as/where shown on exhibit (6" th. compacted rock bed) > Furnish and install new pavement markings at all neighborhood "stop" conditions > Furnish/Install any street sign, stop sign posts etc as called for on exhibit GOVERNIING SPECIFICATIIONS > '22 fdot road & bridge sections 300-330 asphalt milling & paving operations > '22 fdot road & bridge section 711 thermoplastic pavement markings > '22 fdot road & bridge section 706 raised pavement markers & adhesive > CBB Std Engineering Details > TP-21 Palm Beach Co Std for Pavement Markings GENERAL NOTES > no permit reqd for work > contractor is responsible for damage to any irrigation and damage to concrete/paver driveway aprons > base rock repair areas not deeper than 1" may be stabilized with asphalt > two week notification required to CBB prior to start of work > submit MOT plan to CBB for review & approval prior to commencing workN. Congress Ave.Road resurfacing locations 1 973 Start Milling & Paving End Milling & Paving Furnish & Install new stop bar, 6" dbl. ylw 20' & 4 RPM's (typ. all side street stop locations shown) Mill existing pavement 1 1/2" and re-pave 1 1/2" of type SIII asphalt ( typ.-all) Concrete sidewalk repair location 4" Th 6 38 Concrete sidewalk repair location 6" Th 20' Striping Typical at Stop Condition RPM 6" Yellow 24" Stop Bar 65 4'x10' 4'x5' 4x10' surface mount ADA Mat surface mount ADA Mat 4x6' 4x6' 4'x6' w/ ADA Mat 4'x5' 4x6' 4'x5' w/ ADA Mat 4x6'4'x5' surface mount ADA Mat 4'x5' 4'x5' 4'x6' w/ ADA Mat 4x6' 4x6' 4'x4' w/ ADA Mat surface mount ADA Mat TASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing 2 replace street name signs no sailfish replace street name signs no sailfish replace street name signs no sailfish replace street name signs no sailfish replace street name signs no sailfish replace street name signs no sailfish replace all street name signs no sailfish 974 Start Milling & Paving Furnish & Install new stop bar, 6" dbl. ylw & 4 RPM's (typ. all stop conditions shown) Mill existing pavement 1 1/2" and re-pave 1 1/2" of type SIII asphalt 3 ea - surface mount ADA Mats 69 4'x6' w/ ADA Mat 3 ea - surface mount ADA Mats 4'x6' w/ ADA Mat 2 4'x5' TASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing 3 Concrete sidewalk repair location 4" Th Concrete sidewalk repair location 6" Th 20' Striping Typical at Stop Condition RPM 6" Yellow 24" Stop Bar replace street name signs no sailfish replace street name signs no sailfish replace street name signs no sailfish replace all street name signs no sailfish 975 TASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-1 ROADWAY DESIGN CRITERIA * * ROADWAY DESIGN CRITERIA BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-2 TABLE OF MATERIALS AND CONSTRUCTION STANDARDS: RESIDENTIAL ACCESS AND LOCAL STREETS PAVEMENT COMPOSITION RESIDENTIAL ACCESS AND LOCAL STREETS 02/20 P-3 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. TYPICAL ROADWAY SECTION 50' LOCAL STREET BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-5 LOCAL STREET PAVEMENT EDGE DETAILS BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 P-6AA PAVEMENT EDGE DETAILS WITH FLUSH HEADER CURB BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-9STREET SIGN/STOP SIGN DETAIL 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-10"TELESPAR" SIGN SUPPORT SYSTEM 02/20 4976 118'CEDAR DR PROPOSED SPEEDTABLE/RAISEDCROSSWALK(SEE SHEET __ FOR DETAILS)ADVANCEWARNINGMARKINGS FORSPEED HUMPS PERMUTCD FIGURE3B-31 (SEE SHEET__ FOR DETAILS)TENNIS COURT/PARK ENTRANCE PROPOSED 6' WIDECONCRETE SIDEWALK(4" THICK)PROPOSED 6' WIDECONCRETE SIDEWALK(4" THICK)Add supplemental flashing warning placard as depicted in fig.1 & Fig.2( Typ. for all spped table locations.FIG. 1FIG. 2FIG. 3Add supplemental flashing warning placard as depicted in fig.1 & Fig.2( Typ. for all speed table locations.977 EGRET WAY GULL WAY TEAL WAY MEADOWS PARK LN PROPOSED PERMANENT SPEED HUMP (SEE SHEET __ FOR DETAILS) ADVANCE WARNING MARKINGS FOR SPEED HUMPS PER MUTCD FIGURE 3B-31 (SEE SHEET __ FOR DETAILS) 978 PROPOSED PERMANENT SPEED HUMP (SEE SHEET __ FOR DETAILS) ADVANCE WARNING MARKINGS FOR SPEED HUMPS PER MUTCD FIGURE 3B-31 (SEE SHEET __ FOR DETAILS)HEATHERLAKE DRMEADOWS CIR W 979 150'ME A D O W S W A Y MISTYMEADOWS DR ME A D O W S P A R K EN T R A N C E PROPOSED SPEEDTABLE/RAISEDCROSSWALK(SEE SHEET __ FOR DETAILS)ADVANCEWARNINGMARKINGS FORSPEED HUMPS PERMUTCD FIGURE3B-31 (SEE SHEET__ FOR DETAILS)FIG. 1FIG. 2FIG. 3Add supplemental flashing warning placard as depicted in fig.1 & Fig.2( Typ. for all speed table locations.980 15 MPHSPEED HUMP DETAILS981 WIDTH (W) (MATCH WIDTH OF ROAD) SPEED TABLE DETAILS 982 northVICINITY MAPTASK 192 - Heather Lake Dr & Meadows Park Lane ResurfacingSCOPE OR WORK>Mill 1/ 1/2" of existing asphalt>Level and restore road, re-compact any area of exposed rock / crown 25 applicable>Pave 1 1/2" new type SIII asphalt>Restore base, extend 6" beyond edge of new pavement at turnouts and deficient areas as/where shown on exhibit (6" th. compacted rock bed)>Furnish and install new pavement markings at all neighborhood "stop" conditions>Furnish/Install any street sign, stop sign posts etc as called for on exhibitGOVERNIING SPECIFICATIIONS> '22 fdot road & bridge sections 300-330 asphalt milling & paving operations > '22 fdot road & bridge section 711 thermoplastic pavement markings> '22 fdot road & bridge section 706 raised pavement markers & adhesive>CBB Std Engineering Details>TP-21 Palm Beach Co Std for Pavement Markings GENERAL NOTES>no permit reqd for work>contractor is responsible for damage to any irrigation and damage to concrete/paver driveway aprons>base rock repair areas not deeper than 1" may be stabilized with asphalt> two week notification required to CBB prior to start of work> submit MOT plan to CBB for review & approval prior to commencing workN. Congress Ave.Road resurfacing locations1983 Start Milling & PavingEnd Milling & PavingFurnish & Install new stop bar, 6" dbl. ylw 20' & 4 RPM's (typ. all side street stop locations shown)Mill existing pavement 1 1/2" andre-pave 1 1/2" of type SIII asphalt (typ.-all)Concrete sidewalk repairlocation 4" Th638Concrete sidewalk repairlocation 6" Th20'Striping Typical at StopConditionRPM6" Yellow24" Stop Bar654'x10'4'x5'4x10'surface mountADA Matsurface mountADA Mat4x6'4x6'4'x6' w/ADA Mat4'x5'4x6'4'x5' w/ADA Mat4x6'4'x5'surface mountADA Mat4'x5'4'x5'4'x6' w/ADA Mat4x6'4x6'4'x4' w/ADA Matsurface mountADA MatTASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing2replace street name signsno sailfishreplace street name signsno sailfishreplace street name signsno sailfishreplace street name signsno sailfishreplace street name signsno sailfishreplace street name signsno sailfishreplace all street namesigns no sailfish984 Start Milling & PavingFurnish & Install new stop bar, 6" dbl. ylw & 4 RPM's (typ. all stop conditions shown)Mill existing pavement 1 1/2" and re-pave 11/2" of type SIII asphalt3 ea - surfacemount ADA Mats694'x6' w/ADA Mat3 ea - surfacemount ADA Mats4'x6' w/ADA Mat24'x5'TASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing3Concrete sidewalk repairlocation 4" ThConcrete sidewalk repairlocation 6" Th20'Striping Typical at StopConditionRPM6" Yellow24" Stop Barreplace street name signsno sailfishreplace street name signsno sailfishreplace street name signsno sailfishreplace all street name signsno sailfish985 TASK 192 - Heather Lake Dr & Meadows Park Lane Resurfacing4986 118'CEDAR DRPROPOSED SPEEDTABLE/RAISEDCROSSWALK(SEE SHEET __ FOR DETAILS)ADVANCEWARNINGMARKINGS FORSPEED HUMPS PERMUTCD FIGURE3B-31 (SEE SHEET__ FOR DETAILS)TENNIS COURT/PARK ENTRANCEPROPOSED 6' WIDECONCRETE SIDEWALK(4" THICK)PROPOSED 6' WIDECONCRETE SIDEWALK(4" THICK)Add supplemental flashing warning placard as depicted in fig.1 & Fig.2( Typ. for all spped table locations.FIG. 1 FIG. 2 FIG. 3Add supplemental flashing warning placard as depicted in fig.1 & Fig.2( Typ. for all speed table locations.987 EGRET WAY GULL WAY TEAL WAYMEADOWS PARK LN PROPOSED PERMANENT SPEED HUMP (SEE SHEET __ FOR DETAILS) ADVANCE WARNING MARKINGS FOR SPEED HUMPS PER MUTCD FIGURE 3B-31 (SEE SHEET __ FOR DETAILS) 988 PROPOSED PERMANENT SPEED HUMP (SEE SHEET __ FOR DETAILS) ADVANCEWARNINGMARKINGS FOR SPEED HUMPS PER MUTCD FIGURE 3B-31 (SEE SHEET __ FOR DETAILS)HEATHERLAKE DRMEADOWS CIR W989 150'MEADOWS WAYMISTYMEADOWS DRMEADOWS PARKENTRANCEPROPOSED SPEEDTABLE/RAISEDCROSSWALK(SEE SHEET __ FOR DETAILS)ADVANCEWARNINGMARKINGS FORSPEED HUMPS PERMUTCD FIGURE3B-31 (SEE SHEET__ FOR DETAILS)WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS 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1FIG. 2FIG. 3Add supplemental flashing warning placard as depicted in fig.1 & Fig.2( Typ. for all speed table locations.990 15 MPHSPEED HUMP DETAILS991 WIDTH (W)(MATCH WIDTHOF ROAD)SPEED TABLE DETAILS992 Road Resurfacing and Pedestrian Crossing Projects BID DUE DATE: July 1, 2024 BID DUE TIME: 10 AM BID# CS24-038 ITEM#Description Unit Price Value Unit Price Value Unit Price Value Unit Price Value 1 Mobilization $ 1.0000 $1.00 $ 26,963.6200 $26,963.62 $ 55,000.0000 $55,000.00 $ 35,170.0000 $35,170.00 2 Demobilization $ 1.0000 $1.00 $ 6,740.9000 $6,740.90 $ 15,000.0000 $15,000.00 $ 6,500.0000 $6,500.00 3 Maintenance of Traffic $ 35,240.0000 $35,240.00 $ 26,250.0000 $26,250.00 $ 85,000.0000 $85,000.00 $ 63,397.0000 $63,397.00 4 Insurance $ 1.0000 $1.00 $ 1,875.0000 $1,875.00 $ 5,000.0000 $5,000.00 $ 4,000.0000 $4,000.00 5 Bonds $ 8,455.0000 $8,455.00 $ 16,500.0000 $16,500.00 $ 7,500.0000 $7,500.00 $ 16,000.0000 $16,000.00 6 Surveying $ 1.0000 $1.00 $ 14,375.0000 $14,375.00 $ 6,000.0000 $6,000.00 $ 5,000.0000 $5,000.00 7 Erosion Control $ 1.0000 $1.00 $ 1,875.0000 $1,875.00 $ 3,500.0000 $3,500.00 $ 4,950.0000 $4,950.00 8 Concrete Pavement Replacement 4"$ 10.0000 $7,760.00 $ 10.8000 $8,380.80 $ 12.0000 $9,312.00 $ 18.9000 $14,666.40 9 Concrete Pavement Replacement 6"$ 15.0000 $1,860.00 $ 12.0000 $1,488.00 $ 20.0000 $2,480.00 $ 50.4500 $6,255.80 10 ADA Mats $ 250.0000 $5,500.00 $ 540.0000 $11,880.00 $ 400.0000 $8,800.00 $ 533.0000 $11,726.00 11 Concrete Demo $ 2.0000 $1,800.00 $ 4.8000 $4,320.00 $ 15.0000 $13,500.00 $ 20.3000 $18,270.00 12 Unsuitable Material Removal $ 30.0000 $30,030.00 $ 35.0000 $35,035.00 $ 92.0000 $92,092.00 $ 44.0000 $44,044.00 13 1 1/2" Asphalt $ 130.0000 $476,060.00 $ 159.0000 $582,258.00 $ 169.0000 $618,878.00 $ 168.0000 $615,216.00 14 1 1/2" Milling $ 3.6000 $156,229.20 $ 2.6500 $115,002.05 $ 3.9500 $171,418.15 $ 4.2500 $184,437.25 15 6" Limerock $ 15.0000 $8,775.00 $ 67.3700 $39,411.45 $ 75.0000 $43,875.00 $ 136.0500 $79,589.25 16 Speed Table, Strip + Sign included $ 21,000.0000 $42,000.00 $ 5,040.2500 $10,080.50 $ 35,000.0000 $70,000.00 $ 8,700.0000 $17,400.00 17 Earthwork $ 30.0000 $12,600.00 $ 27.4100 $11,512.20 $ 92.0000 $38,640.00 $ 62.5000 $26,250.00 18 Swale Restoration $ 5.0000 $18,825.00 $ 1.5600 $5,873.40 $ 4.8000 $18,072.00 $ 5.9500 $22,401.75 19 24" White $ 10.0000 $4,580.00 $ 6.6000 $3,022.80 $ 5.0000 $2,290.00 $ 4.4000 $2,015.20 20 6" Yellow $ 1.8000 $4,991.40 $ 1.6600 $4,603.18 $ 1.2000 $3,327.60 $ 1.1000 $3,050.30 21 Yellow RPMs $ 15.0000 $5,055.00 $ 13.2000 $4,448.40 $ 5.0000 $1,685.00 $ 4.4000 $1,482.80 22 Street Signs $ 125.0000 $2,500.00 $ 540.0000 $10,800.00 $ 120.0000 $2,400.00 $ 110.0000 $2,200.00 23 6" White $ 1.8000 $10.80 $ 2.5000 $15.00 $ 1.2000 $7.20 $ 1.1000 $6.60 24 Arrows $ 4,500.0000 $31,500.00 $ 1,750.1600 $12,251.12 $ 10,000.0000 $70,000.00 $ 2,750.0000 $19,250.00 25 Speed Humps, Strip + Sign included $ 1.0000 $12.00 $ 150.0000 $1,800.00 $ 200.0000 $2,400.00 $ 165.0000 $1,980.00 26 42" H Yellow Delineator Posts with White Reflective Total Bid Price $69,845.20 $853,788.40 $102,944.48 $956,761.42 $223,216.15 $1,346,176.95 $147,796.40 $1,205,258.35 R & D Paving, LLC 400 Executive Center Drive, Suite 210 West Palm Beach, FL. 33401 (561) 588-6681 Nancy G. Rosso nancy@randdpaving.com M&M Asphalt Maintenance (All County Paving) 1180 SW 10th Street Delray Beach, FL. 33444 (561) 588-0949 Kenneth Goldberg publicworks@allcountypaving.com Janice M. Riley (The Paving Lady) 1000 W. Industrial Ave Boynton Beach, FL. 33426 (561) 572-2600 Mauro Comuzzi mauro@pavinglady.com Atlantic Southern Paving 6301 W. Sunrise Blvd. Sunrise, FL. 33313 (954) 581-5805 Rich Atzert rich@atlanticsouthernpaving.com 993 CS24-038 - Road Resurfacing and Pedestrian Crossing Projects Opening Date: May 1, 2024 12:00 PM Closing Date: July 1, 2024 2:30 PM Vendor Details Company Name:Atlantic Southern Paving and Sealcoating, LLC. Does your company conduct business under any other name? If yes, please state: No Address: 6301 W Sunrise Blvd Sunrise, Florida 33313 Contact:Rich Atzert Email:rich@atlanticsouthernpaving.com Phone:954-299-6114 Fax:954-581-0465 HST#:65-0350132 Submission Details Created On:Saturday June 22, 2024 15:15:58 Submitted On:Monday July 01, 2024 12:14:56 Submitted By:Rich Atzert Email:rich@atlanticsouthernpaving.com Transaction #:729904f7-ec26-41f7-86de-ddabdf7ace93 Submitter's IP Address:73.104.164.107 Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.994 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL SHEET - ROAD RESURFACING AND PEDESTRIAN CROSSING PROJECT (GOLFVIEW HARBOR, THE MEADOWS) BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “ROAD RESURFACING AND PEDESTRIAN CROSSING PROJECT (GOLFVIEW HARBOR, THE MEADOWS)”. DESCRIPTION EST. QTY UNIT UNIT PRICE *VALUE **PRE-CONSTRUCTION**       Mobilization 1 LS $1.0000 $ 1.00 * Demobilization 1 LS $1.0000 $ 1.00 * Maintenance of Traffic 1 LS $35,240.0000 $ 35,240.00 * Insurance 1 LS $1.0000 $ 1.00 * Bonds 1 LS $8,455.0000 $ 8,455.00 * Surveying 1 LS $1.0000 $ 1.00 * Erosion Control 1 LS $1.0000 $ 1.00 * **CONCRETE**      Concrete Pavement Replacement 4"776 SF $10.0000 $ 7,760.00 * Concrete Pavement Replacement 6"124 SF $15.0000 $ 1,860.00 ADA Mats 22 EA $250.0000 $ 5,500.00 * **DEMO**       Concrete Demo 900 SF $2.0000 $ 1,800.00 * Unsuitable Material Removal 1001 CY $30.0000 $ 30,030.00 * **MILL & PAVE**       1½” Asphalt 3662 TON $130.0000 $ 476,060.00 * 1½” Milling 43397 SY $3.6000 $ 156,229.20 * 6” Limerock 585 SY $15.0000 $ 8,775.00 * Speed Table, Strip + Sign included 2 EA $21,000.0000 $ 42,000.00 * **SWALE** Earthwork 420 CY $30.0000 $ 12,600.00 Swale Restoration 3765 SF $5.0000 $ 18,825.00 * **STRIPING AND SIGNS**       24” White 458 LF $10.0000 $ 4,580.00 * 6” Yellow 2773 LF $1.8000 $ 4,991.40 * Yellow RPMs 337 EA $15.0000 $ 5,055.00 * Street Signs 20 EA $125.0000 $ 2,500.00 * 6” White 6 LF $1.8000 $ 10.80 * Speed Humps, Strip + Sign included 7 EA $4,500.0000 $ 31,500.00 * 42"H Yellow Delineator Posts with White Reflective 12 EA $1.0000 $ 12.00 Subtotal:$ 853,788.40 Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.995 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response *Comments Is your company a Minority Owned business?No Please select the appropriate response Not Applicable Do you possess a certification qualifying your  business as a Minority  Owned business? No Issuing organization name Input response in comments box to the right N/A * Date of Issuance Input response in comments box to the right N/A * Letter of Interest The Letter of Interest shall summarizes the Bidder’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarize the Proposer's  primary qualifications and a firm commitment to  provide the proposed services. ASP has provided these exact scopes of work for a minimum of five years for the  City of Boynton Beach. All project managers, superintendents, foreman, and laborers  are well aware of the procedures and expectations of the city. We are also aware of  the necessity for safety of the residents as well. We will conduct ourselves in the  same manner as we have on past projects. References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms’ or government agencies’ experiences with your company; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. If there is no answer after the third attempt, the City will apply no points toward the evaluation criteria. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Name of Firm:Haag Management Palm Beach State College Morguard Scope of Work:Milling, paving, thermo striping Milling, base installation, paving, thermo  striping Milling, paving, and striping Project Location:N. Commerce Pkwy. Weston, Fl.Douglas Ave. Lake Worth, Fl.Okeechobee Rd. West Palm Beach, Fl. Project Lead/Manager:Brandon Ortegus Jason Simmons Brandon Ortegus Cost of Service:$610,246.00 $253,163.00 $474,184.00 Start Date of Service:03/2022 06/2022 10/2023 End Date of Service:04/2022 10/22 11/2023 Contact Person:Don White David Suarez Jason Litchfield Title:Property Manager Project Construction Manager Project Manager Email:dwhite@haagcompanies.com suarezd@palmbeachstate.edu jlitchfield@morguard.com Phone #:561-241-0285 561-868-3059 504-615-1609 Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.996 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name Address Scope of work license No Contract Amount Percentage (%) of Contract C&R Milling 1 N Krome Ave Homestead, Fl. 33030 Milling CGC1517987 $49,600.00 5.9 * Capital Asphalt  Services 590 Goolsby Blvd, Unit  D & E Deerfield Beach, Fl.33442 Temp Striping and  Thermo OHPTG36VEI $44,928.00 5.3 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.997 Bid Form & Bid Bond Documents - Bid Form-Bid Bond.pdf - Monday July 01, 2024 11:05:13 Bidder's Qualification Statement - Bidders Qualification Statement.pdf - Monday July 01, 2024 10:34:17 Anti-Kickback Affidavit - Anti-Kickback Affidavit (003).pdf - Monday July 01, 2024 10:34:33 Non-Collusion Affidavit of Proposer - Non-Collusion Affidavit.pdf - Monday July 01, 2024 10:34:44 Certification Pursuant to Florida Statute § 287.135 - Cert Pursuant to FL.pdf - Monday July 01, 2024 10:35:00 Certificates, Professional Licenses, Business Permits, and W-9 - CGC-W-9-INS.pdf - Monday July 01, 2024 11:08:09 Warranties - Warranties.pdf - Monday July 01, 2024 10:35:35 E-Verify Form Under Section § 448.095 Florida Statutes - E-Verify Form.pdf - Monday July 01, 2024 10:36:31 Submit any Supplemental Information Relative to this Bid (optional) Additional Document (optional) Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - Bid Bond (002).pdf - Monday July 01, 2024 11:09:38 Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.998 Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Richard Atzert, Senior Account Manager, Atlantic Southern Paving and Sealcoating, LLC. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.999 The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum No. 6 Thu June 27 2024 09:16 AM 3 Addendum No. 5 Mon June 24 2024 03:40 PM 3 Addendum No. 4 Fri June 7 2024 03:41 PM 1 Addendum No. 3 Wed May 22 2024 11:36 AM 4 Addendum No. 2 Fri May 17 2024 11:53 AM 9 Addendum No. 1 Tue May 7 2024 01:31 PM 4 Bid Number: CS24-038 Vendor Name: Atlantic Southern Paving and Sealcoating, LLC.1000 1001 Golfview Harbor – Resurfacing 1002 Meadows – Heather Lake Neighborhood Meadows – Windemere Neighborhood 1003 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 07/16/2024 Meeting Date: 07/16/2024 Proposed Ordinance No. 24-013- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund amending Section 18-165 to update the definition of compensation or salary to reflect current practice; amending Section 18-169 to add 20-year retirement for members hired after October 1, 2019, who retire after October 1, 2024; amending Section 18-174 to update required minimum distribution age in compliance with secure act 2.0 changes; and amending Section 18-175 deferred retirement option plan to reflect change in definition of compensation or salary; providing for codification conflict, severability, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-013, on first reading. Explanation of Request: On September 22, 2022, the City Commission ratified the collective bargaining agreement for the City's Police Officers & Detectives, and Police Sergeants. On April 4, 2023, the City Commission ratified the collective bargaining agreement for the City's Police Captains. The City and PBA Union engaged in impact bargaining relating to the wages and benefits for the Officers, Detectives, Sergeants, and Captains of the Police Department. The City and the Union desire to memorialize the amendments to the proposed Ordinance that changes the Boynton Beach Police Pension Plan’s normal retirement date (20 years from 25 years) which are included within the CBA Amendment. On June 18th, 2024, the City Commission approved the changes outlined within the CBA Amendment. How will this affect city programs or services? The approval of the CBA Amendment will allow the Boynton Beach Police Department to remain competitive within the law enforcement job market and with other law enforcement agencies in South Florida. Having a defined pension benefit with a normal retirement date of twenty (20) years of service vs twenty-five (25) years of service will help improve the department’s overall recruitment and retention efforts for Police Officers. In the highly competitive current law enforcement job market, ensuring greater recruitment and retention efforts will allow the Boynton Beach Police Department to attract the most qualified and talented job candidates while continuing to work towards the goal of maintaining the highest level of service to the residents of Boynton Beach and the neighboring cities the Police Department serves. Fiscal Impact: The impact of the proposed Ordinance amendment is detailed within the GRS Actuarial Impact Statement (see attachment). This proposed plan amendment would take 1004 effect on October 1st, 2024. Attachments: Ord. 24-013 Amendment_to_Plan_to_add_20_year_retirement_for_all_after_October_1_2024_- _SGL.docx Boynton Beach Police - Actuarial Impact Statement for Proposed Ordinance.pdf business-impact-estimate.pdf 1005 ORDINANCE 24-0131 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III OF CHAPTER 3 18 OF THE BOYNTON BEACH CODE OF ORDINANCES ENTITLED 4 MUNICIPAL POLICE OFFICERS’ RETIREMENT TRUST FUND 5 AMENDING SECTION 18-165 TO UPDATE DEFINITION OF 6 COMPENSATION OR SALARY TO REFLECT CURRENT PRACTICE; 7 AMENDING SECTION 18-169 TO ADD 20 YEAR RETIREMENT FOR 8 MEMBERS HIRED AFTER OCTOBER 1, 2019 WHO RETIRE AFTER 9 OCTOBER 1, 2024; AMENDING SECTION 18-174 TO UPDATE 10 REQUIRED MINIMUM DISTRIBUTION AGE IN COMPLIANCE WITH 11 SECURE ACT 2.0 CHANGES; AMENDING SECTION 18-175 DEFERRED 12 RETIREMENT OPTION PLAN TO REFLECT CHANGE IN DEFINITION13 OF COMPENSATION OR SALARY; PROVIDING FOR CODIFICATION 14 CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE.15 WHEREAS, the City and the Palm Beach County Police Benevolent Association 16 (“Union”) have agreed in collective bargaining to provide for a 20 year retirement for 17 members who were hired after October 1, 2019, and retire after October 1, 2024; and18 WHEREAS, the definition of Compensation or Salary needs to be updated to 19 reflect the current practice of limitations on overtime and accumulated leave included in 20 the pension computation; and21 WHEREAS, the Internal Revenue Code was amended to provide for a required 22 minimum distribution age of 73 going forward for individuals who had not reached age 72 23 by December 31, 2022; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to 25 amend the Boynton Beach Police Officers Pension Fund.26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 27 CITY OF BOYNTON BEACH, FLORIDA:28 Section 1. The foregoing “WHEREAS” clauses are hereby certified as true and 29 correct and incorporated herein by this reference.30 Section 2.Section 18-165(a) of Article III of Chapter 18 of the Boynton Beach 31 Code of Ordinances is hereby amended at the definition of “Compensation or Salary” as 32 follows: 33 Sec. 18-165. Definitions.34 (a)The following words or phrases, as used in this article, shall have the 35 following meaning:36 ***37 1006 ORDINANCE 24- 2 Compensation or salary. The total cash remuneration, including lump sum 38 payments for accumulated sick and vacation leave and “overtime” paid by the 39 primary employer City to a police officer for services rendered, but not including 40 any payments for extra duty or special detail work performed on behalf of a second 41 party employer paid directly to the police officer by the second party employer and 42 amounts paid to a police officer after December 31, 2008, as differential wages 43 during any period of active duty military service lasting more than 30 days.44 Compensation or salary includes overtime and lump sum payments for 45 accumulated sick and vacation leave without restriction prior to June 18, 46 2013. Effective June 18, 2013, overtime is limited to 300 hours per member 47 per year. Additionally, no hours of unused accumulated sick and vacation 48 leave earned after June 18, 2013, shall be considered annual earnings. 49 However, members may include all unused hours earned prior to June 18, 50 2013, provided that the number of hours is cashed in at retirement or entry 51 into DROP.This definition also excludes severance pay and other similar 52 payments which are not for services rendered. 53 The member’s compensation or salary contributed as employee-elective salary 54 reductions or deferrals to any salary reduction, deferred compensation, or tax-55 sheltered annuity program authorized under the Internal Revenue Code shall be 56 deemed to be the compensation or salary the member would receive if he or she 57 were not participating in such program and shall be treated as compensation for 58 retirement purposes under this article. For any person who first becomes a 59 member in any Plan year beginning on or after January 1, 1996, compensation for 60 any Plan year shall not include any amounts in excess of section 401(a)(17) of the 61 Internal Revenue Code limitation (as amended by the Omnibus Budget 62 Reconciliation Act of 1993), which limitation of $150,000 shall be adjusted as 63 required by federal law for qualified government plans and shall be further adjusted 64 for changes in the cost of living in the manner provided by section 401(a)(17)(B) 65 of the Internal Revenue Code. For any person who first became a member prior to 66 the first plan year beginning on or after January 1, 1996, the limitation on 67 compensation shall be not less than the maximum compensation amount that was 68 allowed to be taken into account under the plan as in effect on July 1, 1993, which 69 limitation shall be adjusted for changes in the cost of living since 1989 in the 70 manner provided by section 401(a)(17) of the Internal Revenue Code. F.S. Ch. 71 185.72 Section 3.Section 18-169(a) Requirements for retirement benefit amounts of 73 Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended 74 as follows: 75 Sec. 18-169. Requirements for retirement- benefit amounts.76 (a) Normal retirement.77 1007 ORDINANCE 24- 3 (1) Normal retirement date. The normal retirement date of: 78 a. For Police officers hired before October 1, 2019, the normal retirement date 79 is will be the first day of the month coinciding with, or next following, the date on which80 they have he or she has attained and completed 20 years of credited service, or the first 81 day of the month coinciding with, or next following, the date on which the police officer 82 has attained age 55 and completed ten years of credited service or age 50 and completed 83 15 years of service. In the case of a retirement with 20 years of service, effective January 84 1, 2017, normal retirement age is the age a police officer has attained when retired at 20 85 years of service.86 b. Effective October 1, 2024, For Police officers hired on and after October 1, 87 2019, the normal retirement date is will be the first day of the month coinciding with, or 88 next following, the date on which they have he or she has attained and completed 20 2589 years of credited service, or the first day of the month coinciding with, or next following, 90 the date on which the police officer has attained age 55 and completed ten years of 91 credited service. In the case of a retirement with 20 25 years of service, effective October 92 1, 2019, normal retirement age is the age a police officer has attained when retired at 2093 25 years of service.94 (2) Benefit commencement date for ten-year vesting.95 a. Police officers hired before October 1, 2019, and on or after October 1, 2016: If 96 any member who had been in the service of the city for at least ten years elects to leave 97 their his or her accrued contributions in the fund, such police officer upon attaining age 98 50 years or more (without reaching what would have been 20 years of service had he or 99 she not terminated his or her employment) may receive an early retirement benefit at the 100 actuarial equivalent of the amount of such retirement income otherwise payable to them 101 him or her at normal retirement. Or, upon attaining what would have been normal 102 retirement had they he or she not terminated his or her employment, such police officer 103 may receive their his or her accrued normal retirement benefit.104 b. Police officers hired on or after October 1, 2019: If any member who had been in 105 the service of the city for at least ten years elects to leave their his or her accrued 106 contributions in the fund, such police officer upon attaining age 50 years or more (without 107 reaching what would have been 20 25 years of service had they he or she not terminated108 their his or her employment) may receive an early retirement benefit at the actuarial 109 equivalent of the amount of such retirement income otherwise payable to them him or 110 her at normal retirement or upon attaining what would have been normal retirement had 111 he or she not terminated his or her employment, such police officer may receive his or 112 her accrued normal retirement benefit.113 (3) Benefit commencement date for five-year vesting.114 a. Police officers hired before October 1, 2016, who have more than five years of 115 service and less than ten years of service at time of termination: If any member who had 116 been in the service of the city for at least five years but less than ten years elects to leave117 their his or her accrued contributions in the fund, the police officer upon attaining age 55 118 with ten or more years of service (had they he or she not terminated employment) or 119 1008 ORDINANCE 24- 4 reaching what would have been 20 years of service (had they he or she not terminated 120 his or her employment), may receive the accrued normal retirement benefit. The member 121 may receive the benefits payable in the normal form or any option available under Section 122 18-170. These members are not eligible for an early retirement benefit or the age 50 with 123 15 years of service benefit.124 b. Police officers hired before October 1, 2016, who have more than ten years of 125 service at time of termination: If any member who had been in the service of the city for 126 at least ten years elects to leave their his or her accrued contributions in the fund, such 127 police officer upon attaining age 50 or more (without reaching what would have been 20 128 years of service had they he or she not terminated his or her employment) may receive 129 an early retirement benefit at the actuarial equivalent of the amount of such retirement 130 income otherwise payable to them him or her at normal retirement. Or, upon attaining 131 what would have been normal retirement had they he or she not terminated his or her132 employment, such police officer may receive their his or her accrued normal retirement 133 benefit. The member may receive the benefits payable in the normal form or any option 134 available under Section 18-170.135 Section 4.Section 18-174 (f) Miscellaneous of Article III of Chapter 18 of the 136 Boynton Beach Code of Ordinances is hereby amended as follows: 137 Sec. 18-174. Miscellaneous.138 ***139 (f) Required distributions.140 (1) In accordance with section 401(a)(9) of the Internal Revenue Code, all benefits 141 under this plan will be distributed, beginning not later than the required beginning date 142 set forth below, over a period not extending beyond the life expectancy of the member or 143 the life expectancy of the member and a beneficiary.144 (2) Any and all benefit payments shall begin by the later of:145 a. April 1 of the calendar year following the calendar year of the member’s retirement 146 date; or147 b. April 1 of the calendar year following the calendar year in which the member 148 attains age 73, provided that the member did not reach age 72 by December 31, 149 2022, and provided the member did has not reached age 70.5 by December 31, 2019.150 (3) If an employee dies before their his or her entire vested interest has been 151 distributed to them him or her, the remaining portion of such interest will be distributed at 152 least as rapidly 153 Section 5.Section 18-175 (e) Deferred retirement option plan of Article III of 154 Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: 155 Sec. 18-175. Deferred retirement option plan.156 ***157 1009 ORDINANCE 24- 5 (e) Upon a member’s members election to participate in the DROP,they he or she158 shall cease to be a member and is precluded from accruing any additional benefit under 159 the Pension Fund. For all fund purposes, the member becomes a retirant. The amount of 160 credited service and final average salary freeze as of the date of entry into the DROP. 161 Accumulated, unused sick and vacation leave earned before June 18, 2013, in 162 accordance with the definition of Compensation or Salary in Section 18-165 of this 163 Plan shall be included in the compensation calculation; provided however, that a 164 minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall be 165 maintained by the employee and excluded from this calculation. The retained leave 166 balance, including any additions, shall be distributed at the conclusion of DROP 167 participation and separation from service. DROP participants who remain in the DROP 168 beyond sixty (60) months will make a contribution of 3% during their DROP participation 169 beginning with the sixty-first (61) month of participation.170 ***171 (j) Upon termination of employment, participants in the DROP will receive the balance 172 of the DROP account in accordance with the following rules:173 (1) Members may elect to begin to receive payment upon termination of employment 174 or defer payment of DROP until the latest day as provided under sub-subparagraph (3).175 (2) Payments may be made in the following ways:176 a. Lump sum. The entire account balance will be paid to or on behalf of the retirant 177 upon approval of the Board of Trustees.178 b. Installments. The account balance will be paid out to the retirant in five equal 179 annual payments paid over five years, the first payment to be made upon approval of the 180 Board of Trustees.181 c. Monthly installments. The account balance will be paid out to the retirant on a 182 monthly basis until the account balance is paid out based on actuarial tables provided by 183 the actuary.184 d. Partial lump sum withdrawals. Part of the account balance will be paid to or on 185 behalf of the retirant upon approval of the Trustees.186 (3) Any form of payment selected by a police officer must comply with the minimum 187 distribution requirements of section 401(A)(9) of the Internal Revenue Code, and is 188 subject to the requirements of Section 18-174(f), e.g., payments must commence by age 189 73, provided that the member did not reach age 72 by December 31, 2022, and 190 provided the member did has not reached age 70.5 by December 31, 2019.191 Section 6. It is the intention of the City Commission of the City of Boynton Beach 192 that the provisions of this Ordinance shall become and be made a part of the Code of 193 Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be 194 renumbered re-lettered and the word Ordinance may be changed to Section Article or 195 such other word or phrase in order to accomplish such intention. 196 1010 ORDINANCE 24- 6 Section 7. All Ordinances or parts of Ordinances Resolutions or parts of 197 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 198 such conflict. If any clause, section, or other part or application of this Ordinance shall be 199 held by any court of competent jurisdiction to be unconstitutional or invalid, such 200 unconstitutional or invalid part or application shall be considered as eliminated and so not 201 affect the validity of the remaining portions or applications remaining in full force and 202 effect.203 Section 8. This Ordinance shall become effective immediately upon adoption,204 provided that the changes approved herein are effective as provided in this Ordinance. 205 FIRST READING THIS _______ DAY OF ___________________, 2024. 206 SECOND, FINAL READING and PASSAGE THIS DAY OF ____________, 207 2024.208 CITY OF BOYNTON BEACH, FLORIDA209 YES NO210 Mayor Ty Penserga __________211 Vice Mayor – Aimee Kelley __________212 Commissioner – Angela Cruz __________213 Commissioner – Woodrow L. Hay __________214 Commissioner – Thomas Turkin __________215 216 VOTE ______217 ATTEST:218 219 ___________________________________________________________220 Maylee De Jesús, MPA, MMC Ty Penserga221 City Clerk Mayor222 (Corporate Seal)223 224 APPROVED AS TO FORM:225 _______________________________226 Shawna G. Lamb227 City Attorney228 1011 June 11, 2024 Mr. Lou Penque Plan Administrator City of Boynton Beach Municipal Police Officers’ Retirement Fund 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Re: City of Boynton Beach Municipal Police Officers’ Retirement Fund Actuarial Impact Statement Dear Lou: As requested, we have prepared the enclosed Actuarial Impact Statement showing the impact of the proposed Ordinance which would amend the Plan provisions of the City of Boynton Beach Municipal Police Officers’ Retirement Fund (Plan). Results are based on census and asset data as of October 1, 2023. Please refer to the enclosed exhibits for details. The following is a brief description of the Plan changes that are included in the proposed Ordinance.  Current Plan Provisions: Same plan provisions as described in the October 1, 2023 Actuarial Valuation Report for the Plan. Police Officers hired on or after October 1, 2019 may retire on the first day of the month coincident with or next following the earlier of attainment of age 55 with at least 10 years of credited service or completion of 25 years of credited service regardless of age.  Plan Changes: The proposed Ordinance would amend the Plan as follows: • Effective October 1, 2024, Police Officers hired on or after October 1, 2019 may retire on the first day of the month coincident with or next following the earlier of attainment of age 55 with at least 10 years of credited service or completion of 20 years of credited service regardless of age. • The definition of Compensation or salary is amended to clarify that effective June 18, 2013, pensionable overtime is limited to 300 hours per year and payments for unused accumulated sick and vacation leave are only included in pensionable earnings if they were accumulated prior to June 18, 2013. This definition of Compensation or salary also applies to Police Officers while they are in the DROP, to determine the amount of member contributions during years 6 through 8 of DROP participation. This definition of Compensation or salary was already assumed to be defined as such for actuarial valuation purposes, so this clarification amendment does not have an actuarial impact on the cost of the Plan. • The required beginning date for all benefit payments is amended to reflect the updated provisions of Section 401(a)(9) of the Internal Revenue Code (April 1st of the calendar year following the calendar year in which the member attains age 73, provided the member did not reach age 72 by December 31, 2022). This change is administrative in nature (to comply with IRS requirements) and does not have an actuarial impact on the cost of the Plan. 1012 Mr. Lou Penque June 11, 2024 Page 2 Summary of Findings As a result of the proposed Plan change in the retirement date for Police Officers hired on or after October 1, 2019 (from “25 and out” to “20 and out”): • The actuarially determined employer contribution (ADEC) for the fiscal year ending September 30, 2025 will increase by $38,996, from $8,516,480 to $8,555,476 (or by 0.28% of covered payroll, from 61.15% to 61.43%). • The funded ratio (actuarial value of assets divided by the actuarial accrued liability) as of October 1, 2023 will remain the same at 63.7%. The unfunded actuarial liability will increase by $56,629. A 25-year projection was previously performed to analyze the long-term impact of this change. A copy of this projection is attached to this actuarial impact statement. This projection assumed the enactment date of the legal instrument providing the benefit change (as described in Florida Administrative Rule 60T-1.004 regarding Actuarial Impact statements) would be after September 30, 2024, such that the first year the ADEC is impacted is fiscal year 2026. If the Ordinance is enacted/adopted prior to October 1, 2024, then the first year the ADEC is impacted is fiscal year 2025 (per Florida Administrative Rule 60T- 1.004). Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 1013 Mr. Lou Penque June 11, 2024 Page 3 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the Board of Trustees for the City of Boynton Beach Municipal Police Officers’ Retirement Fund, and is intended for use by the Board, and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. GRS is not responsible for the unauthorized use of this report. This report is intended to describe the financial effect of the proposed benefit changes, as summarized above, and the costs associated with such. This report should not be relied on for any purpose other than the purpose described above. Determinations of financial results associated with the benefits described in this report, for purposes other than those identified above may be significantly different. The calculations in this report are based upon information furnished by the Plan Administrator for the 1014 Mr. Lou Penque June 11, 2024 Page 4 October 1, 2023 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator. Please refer to the Actuarial Valuation Report dated May 1, 2024 for a description of all actuarial assumptions, methods and disclosures. The calculations are based upon assumptions regarding future events, which may or may not materialize. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this Report are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. Peter N. Strong and Israel Bichachi are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith and Company Peter N. Strong, FSA, EA, MAAA Israel Bichachi, ASA, MAAA Senior Consultant & Actuary Consultant & Actuary Enclosures This communication shall not be construed to provide tax advice, legal advice or investment advice. 1015 5 CITY OF BOYNTON BEACH MUNICIPAL POLICE OFFICERS’ RETIREMENT FUND Actuarial Impact Statement – June 11, 2024 Description of Amendments The proposed ordinance would amend the Plan as follows: • Effective October 1, 2024, Police Officers hired on or after October 1, 2019 may retire on the first day of the month coincident with or next following the earlier of attainment of age 55 with at least 10 years of credited service or completion of 20 (amended from 25) years of credited service regardless of age. • The definition of Compensation or salary is amended to clarify that effective June 18, 2013, pensionable overtime is limited to 300 hours per year and payments for unused accumulated sick and vacation leave are only included in pensionable earnings if they were accumulated prior to June 18, 2013. This definition of Compensation or salary also applies to Police Officers while they are in the DROP, to determine the amount of member contributions during years 6 through 8 of DROP participation. This definition of Compensation or salary was already assumed to be defined as such for actuarial valuation purposes, so this clarification amendment does not have an actuarial impact on the cost of the Plan. • The required beginning date for all benefit payments is amended to reflect the updated provisions of Section 401(a)(9) of the Internal Revenue Code (April 1st of the calendar year following the calendar year in which the member attains age 73, provided the member did not reach age 72 by December 31, 2022). This change is administrative in nature (to comply with IRS requirements) and does not have an actuarial impact on the cost of the Plan. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 1016 6 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach Municipal Police Officers’ Retirement Fund Valuation Date October 1, 2023 Date of Report June 11, 2024 Report Requested by Board of Trustees Prepared by Gabriel, Roeder, Smith & Company; Peter N. Strong Group Valued All active and inactive Police Officers in the Plan as of October 1, 2023. Plan Changes Being Considered for Change The proposed ordinance would amend the Plan as follows: • Effective October 1, 2024, Police Officers hired on or after October 1, 2019 may retire on the first day of the month coincident with or next following the earlier of attainment of age 55 with at least 10 years of credited service or completion of 20 (amended from 25) years of credited service regardless of age. • The definition of Compensation or salary is amended to clarify that effective June 18, 2013, pensionable overtime is limited to 300 hours per year and payments for unused accumulated sick and vacation leave are only included in pensionable earnings if they were accumulated prior to June 18, 2013. This definition of Compensation or salary also applies to Police Officers while they are in the DROP, to determine the amount of member contributions during years 6 through 8 of DROP participation. This definition of Compensation or salary was already assumed to be defined as such for actuarial valuation purposes, so this clarification amendment does not have an actuarial impact on the cost of the Plan. • The required beginning date for all benefit payments is amended to reflect the updated provisions of Section 401(a)(9) of the Internal Revenue Code (April 1st of the calendar year following the calendar year in which the member attains age 73, provided the member did not reach age 72 by December 31, 2022). This change is administrative in nature (to comply with IRS requirements) and does not have an actuarial impact on the cost of the Plan. Participants Affected Current and future Police Officer members of the Plan. Actuarial Assumptions and Methods Same as the October 1, 2023 Actuarial Valuation Report dated May 1, 2024. Some of the key assumptions/methods are: 1017 7 Investment Return 6.9% Salary Increase from 4.5% to 11.75% depending on age, including inflation Cost Method Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 20 years Summary of Data Used in Report Same as the data used for the October 1, 2023 Actuarial Valuation Report dated May 1, 2024. Actuarial Impact of Proposed Changes See attached page(s). Other Cost Considerations Potential effects on other benefit plans were not considered. 1018 8 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2025 9/30/2025 C.Assumed Date of Employer Contrib.10/1/2024 10/1/2024 D.Annual Payment to Amortize Unfunded Actuarial Liability $5,865,527 $5,869,627 E.Employer Normal Cost 2,897,268 2,931,358 F.ADC as of the Valuation Date: D+E 8,762,795 8,800,985 G.ADC Adjusted for Frequency of Payments 8,762,795 8,800,985 H.ADC as % of Covered Payroll 64.49 %64.77 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 2.50 %2.50 % J.Covered Payroll for Contribution Year 13,927,069 13,927,069 K.ADC for Contribution Year: H x J 8,981,567 9,020,563 L.Estimated Credit for State Revenue in Contribution Year 465,087 465,087 M.ADC After State Contribution Applied in Contribution Year: K - L 8,516,480 8,555,476 N.Employer ADC as % of Covered Payroll in Contribution Year: M ÷ J 61.15 %61.43 % O.Change in Employer ADC in Contribution Year N/A 38,996 P.Change in Employer ADC as % of Covered Payroll in Contribution Year N/A 0.28 % ACTUARIALLY DETERMINED (REQUIRED) CONTRIBUTION (ADC) Baseline October 1, 2023 October 1, 2023 Proposed Ordinance 1019 9 A.Valuation Date Proposed Ordinance B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $70,273,646 $70,342,136 b. Vesting Benefits 5,386,217 5,408,360 c. Disability Benefits 1,956,715 1,896,135 d. Preretirement Death Benefits 576,572 562,732 e. Return of Member Contributions 362,855 362,855 f. Total 78,556,005 78,572,218 2.Inactive Members a. Service Retirees & Beneficiaries 116,304,054 116,304,054 b. Disability Retirees 3,009,325 3,009,325 c. Terminated Vested Members 4,286,473 4,286,473 d. Total 123,599,852 123,599,852 3. Total for All Members 202,155,857 202,172,070 C.Change in Actuarial Present Value of All Projected Benefits N/A 16,213 D.Actuarial Accrued (Past Service) Liability (Entry Age Normal)174,853,208 174,909,837 E.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A F.Plan Assets 1.Market Value 100,749,602 100,749,602 2. Actuarial Value 111,380,384 111,380,384 G.Unfunded Actuarial Accrued Liability 63,472,824 63,529,453 H.Change in Unfunded Actuarial Liability N/A 56,629 I.Actuarial Present Value of Projected Covered Payroll 105,631,470 103,663,081 J.Actuarial Present Value of Projected Member Contributions 8,978,675 8,811,362 K.Funded Ratio: F2 ÷ D 63.7%63.7% L.Change in Funded Ratio N/A 0.0% ACTUARIAL VALUE OF BENEFITS AND ASSETS October 1, 2023 Baseline October 1, 2023 1020 10 CALCULATION OF EMPLOYER NORMAL COST A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $2,876,759 $2,907,704 2.Vesting Benefits 479,536 484,728 3.Disability Benefits 190,137 187,582 4.Preretirement Death Benefits 47,685 47,133 5.Return of Member Contributions 69,544 70,604 6.Total for Future Benefits 3,663,661 3,697,751 7.Assumed Amount for Administrative Expenses 184,724 184,724 8.Total Normal Cost 3,848,385 3,882,475 9.Total as a % of Covered Payroll 28.32 %28.57 % C.Expected Member Contribution 951,117 951,117 D.Employer Normal Cost: B8-C 2,897,268 2,931,358 E.Employer Normal Cost as a % of Covered Payroll 21.32 %21.57 % October 1, 2023 Baseline October 1, 2023 Proposed Ordinance 1021 11 ACTIVE MEMBERS Number 115 115 Covered Annual Payroll $13,587,384 $13,587,384 Average Annual Payroll $118,151 $118,151 Average Age 37.1 37.1 Average Past Service 9.1 9.1 Average Age at Hire 28.0 28.0 RETIREES, BENEFICIARIES & DROP Number 170 170 Annual Benefits $9,695,740 $9,695,740 Average Annual Benefit $57,034 $57,034 Average Age 60.5 60.5 DISABILITY RETIREES Number 13 13 Annual Benefits $335,257 $335,257 Average Annual Benefit $25,789 $25,789 Average Age 67.6 67.6 TERMINATED VESTED MEMBERS Number 18 18 Annual Benefits $398,309 $398,309 Average Annual Benefit $22,128 $22,128 Average Age 43.3 43.3 PARTICIPANT DATA October 1, 2023 Baseline Proposed Ordinance October 1, 2023 1022 12 $ Amount % of Pay $ Amount % of Pay $ Amount % of Pay 2026 10/1/2024 14,310,280 9,050,582 63.25%65,515,904 64%14,310,280 9,101,151 63.60%65,616,454 64%50,569 0.35% 2027 10/1/2025 14,483,200 9,450,506 65.25%66,547,744 64%14,483,200 9,519,446 65.73%66,700,271 64%68,940 0.48% 2028 10/1/2026 14,404,864 9,991,928 69.36%69,365,371 64%14,404,864 10,076,546 69.95%69,532,229 64%84,618 0.59% 2029 10/1/2027 14,720,866 10,046,106 68.24%66,157,255 66%14,720,866 10,149,461 68.95%66,333,624 66%103,355 0.70% 2030 10/1/2028 14,919,624 10,018,672 67.15%62,560,561 69%14,919,624 10,136,365 67.94%62,748,949 69%117,693 0.79% 2031 10/1/2029 15,073,610 9,862,016 65.43%58,577,794 71%15,073,610 9,993,532 66.30%58,770,476 71%131,516 0.87% 2032 10/1/2030 15,340,619 9,886,715 64.45%54,223,435 74%15,340,619 10,035,039 65.41%54,419,522 74%148,324 0.97% 2033 10/1/2031 15,647,035 9,975,738 63.75%49,624,223 76%15,647,035 10,140,842 64.81%49,823,861 76%165,103 1.06% 2034 10/1/2032 15,988,265 10,092,867 63.13%44,619,329 79%15,988,265 10,274,099 64.26%44,818,416 79%181,232 1.13% 2035 10/1/2033 16,492,114 10,203,483 61.87%39,191,883 82%16,492,114 10,400,138 63.06%39,385,976 82%196,656 1.19% 2036 10/1/2034 16,787,916 10,181,315 60.65%33,277,438 85%16,787,916 10,394,310 61.92%33,462,494 85%212,996 1.27% 2037 10/1/2035 17,003,342 7,990,734 47.00%26,924,435 88%17,003,342 8,212,713 48.30%27,096,120 88%221,978 1.31% 2038 10/1/2036 17,008,304 7,147,649 42.02%20,160,819 91%17,008,304 7,389,904 43.45%20,316,818 91%242,255 1.42% 2039 10/1/2037 17,205,417 6,820,377 39.64%15,272,858 93%17,205,417 7,088,854 41.20%15,420,882 93%268,476 1.56% 2040 10/1/2038 17,530,769 5,139,492 29.32%10,925,145 95%17,530,769 5,419,897 30.92%11,064,117 95%280,405 1.60% 2041 10/1/2039 18,048,688 4,485,383 24.85%6,645,840 97%18,048,688 4,787,263 26.52%6,766,774 97%301,880 1.67% 2042 10/1/2040 18,650,945 3,874,991 20.78%3,903,425 98%18,646,278 4,191,339 22.48%4,011,162 98%316,348 1.70% 2043 10/1/2041 19,306,863 3,398,503 17.60%1,731,536 99%18,974,628 3,730,092 19.66%1,819,470 99%331,590 2.06% 2044 10/1/2042 20,031,433 2,867,471 14.31%117,660 100%19,494,247 3,146,591 16.14%184,310 100%279,121 1.83% 2045 10/1/2043 20,766,777 2,935,048 14.13%(1,008,676)100%20,077,152 3,159,576 15.74%(1,030,299)100%224,527 1.60% 2046 10/1/2044 21,448,479 3,055,609 14.25%(1,526,604)101%20,582,035 3,267,958 15.88%(1,607,888)101%212,350 1.63% 2047 10/1/2045 22,246,427 3,168,982 14.24%(2,009,558)101%21,131,738 3,361,834 15.91%(2,107,338)101%192,851 1.66% 2048 10/1/2046 22,464,039 3,268,881 14.55%(2,190,520)101%21,575,793 3,474,435 16.10%(2,321,793)101%205,553 1.55% 2049 10/1/2047 22,981,630 3,341,051 14.54%(2,346,047)101%22,042,410 3,548,820 16.10%(2,557,997)101%207,768 1.56% 2050 10/1/2048 23,625,948 3,428,748 14.51%(2,598,237)101%22,572,406 3,635,628 16.11%(2,842,056)101%206,880 1.59% Total:169,682,848 174,635,833 4,952,985 Total Present Value:94,157,453 96,153,219 1,995,765 1 Assumptions Mortality Assumption:FRS Mortality for Special Risk Class Members (as described in FRS' 7/1/2022 valuation report) Payroll Growth Assumption Used in Amortization of Unfunded Actuarial Accrued Liability:2.50% Investment Return Assumption and Actual Return on Plan Assets:6.90% Administrative Expenses and Total Annual Chapter 185 State Money:Projected to increase 2.5% annually No future actuarial experience gains or losses are assumed. 2 Description of Proposed Plan Changes City of Boynton Beach Municipal Police Officers's Retirement Fund 25-Year Projection of Required City Contributions Current Plan 1 Proposed Ordinance 1,2 Fiscal Year Ending Valuation Date Covered Payroll for Contribution Year Required City Contribution UAAL on Valuation Date Funded Ratio on Valuation Date Change the "Completion of 25 years of Credited Service" Normal Retirement eligibility condition for members hired on or after October 1, 2019 to "Completion of 20 years of Credited Service". Covered Payroll for Contribution Year Required City Contribution UAAL on Valuation Date Funded Ratio on Valuation Date Increase/(Decrease) in Required City Contribution 1023 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. Proposed Ordinance First Reading, An Ordinance of the City of Boynton Beach, Florida, amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers’ Retirement Trust Fund amending Section 18-165 to update the definition of compensation or salary to reflect current practice; amending Section 18-169 to add 20-year retirement for members hired after October 1, 2019, who retire after October 1, 2024; amending Section 18-174 to update required minimum distribution age in compliance with secure act 2.0 changes; and amending Section 18-175 deferred retirement option plan to reflect change in definition of compensation or salary; providing for codification conflict, severability, and an effective date. 1024 Page 2 of 3 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The City of Boynton Beach desires to amend Chapter 18 of the Code of Ordinances of the City of Boynton Beach entitled Municipal Police Officers’ Retirement Trust Fund amending Section 18- 165 to update the definition of compensation or salary to reflect current practice; amending Section 18-169 to add 20-year retirement for members hired after October 1, 2019, who retire after October 1, 2024; amending Section 18-174 to update required minimum distribution age in compliance with secure act 2.0 changes; and amending Section 18-175 deferred retirement option plan to reflect change in definition of compensation or salary; providing for codification conflict, severability, and an effective date. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: None. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: None (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None 1025 Page 3 of 3 4. Additional information the governing body deems useful (if any): 1026 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 07/16/2024 Meeting Date: 07/16/2024 Adopt-A-Road Program Requested Action: Presentation introducing the City's Adopt-A-Road Program Explanation of Request: Introduce the Adopt-A-Road Program Attachments: Power Point - Adopt-A-Road Program.pptx Safety Briefing Checklist -SGL.pdf ADOPT A ROAD PROGRAM.pdf Adopt-A-Road Program Packet with Agreement SGL with Waiver.pdf 1027 Adopt-A-Road Program Kevin Ramsey Director of Public Works & Engineering Email: RamseyK@bbfl.us Phone: 561-742-6986 1028 Volunteers Businesses/Corporations Non-Profit Groups Community Pride Responsibility n Services Road Resurfacing Projects 2024 1029 Adopt A Road Two-year agreement Monthly litter pick up One mile section of road Data reports Volunteers Agree to: 1030 City Agrees to: (One time safety supplies up to 10 people) Safety Meetings Pick Up Litter Bags Provide Safety Supplies Post Group Recognition Signs Website Acknowledgement 1031 Program Fees & Signage: Fees waived for the first year of the program. Initial Fee: $250.00 (Includes 1 sign) Second sign: $100.00 Annual Fee: $100.00 One sign: Posted in the center of the one- mile stretch Two signs: Posted at the beginning and end of one-mile stretch 1032 Safety: Meeting prior to event Protective gear must be worn Warning signs displayed Be aware of surroundings Avoid hazardous material Only day time litter pick up 1033 Why Adopt a Road: Helps to make the City a cleaner, safer, and tidier place for all to enjoy. Cost effective, 24/7 exposure, and builds repour with customers and residents for businesses and organizations. Litter collection reports after every pick up to quantify the impact. Helps promote volunteer efforts in the community. Strengthens community ties. Assists with road cleanup costs and beautification. 1034 Questions 1035 Adopt-A-Road Safety Briefing Checklist Before each litter removal activity, a safety briefing with the Adopt A Road Program group participant(s) is required. During the briefing, this Safety Checklist is to be reviewed. Personal Safety: • Wash your hands before and after, and cover any cuts or abrasions. • Wear weather-appropriate clothing, sturdy shoes, and a hi-vis vest. • Wear closed-toe shoes for your protection. (No sandals or flip-flops). • Safety vests are to be worn at all times. • Consider bringing and wearing insect repellant and sunscreen. • Drink plenty of water to stay hydrated. • Participant(s) shall not wear clothing or headphones that will restrict vision or hearing. Avoid Contact with Litter: • Use a litter picker instead of your hands. • Avoid direct contact with litter. • Avoid picking up items like barrels and canisters that contain liquids or hazardous substances. Be Aware of Your Surroundings: • Avoid uneven ground, unstable surfaces, and areas with rocks or mud. • Participant(s) must stay outside of the roadway pavement and are not to enter the roadway or shoulder. • Participant(s) must face oncoming traffic while picking up litter. • Stay (2) meters away from the water’s edge. • Avoid areas where snakes, insects, or noxious weeds may be present. • Only pick up litter during daylight hours when you can see what you are doing and outside peak hours. (Peak hours 6:00 am – 9:00 am and 4:00 pm – 6:00 pm) • Do not enter or pick up litter within medians, roadways, or construction areas. Be Aware of Traffic: • If you are near traffic, stop picking up litter and allow vehicles to pass. • Do not turn your back to oncoming traffic. Lifting: • Bend your knees and keep your back straight when lifting items. • Do not overfill bags. • Avoid lifting heavy objects or sacks alone. • Only try to remove items if you can do so without straining. 1036 Other Considerations: • The group Supervisor(s) must carry a cell phone and know the route to the nearest emergency center or hospital. • If attending an organized clean-up, have permission from the landowner. • Participant(s) must be at least twelve (12) years of age and accompanied by an adult at all times. • Each group should have a first aid kit. • No intoxicating liquid/beverage or illegal drugs will be allowed. • The group is not to work in inclement weather. • The group must advise the Streets Division at least five (5) working days before the litter removal to schedule disposal of the litter bags. • Leave the collected litter bags near any of the group’s adopted road section signs, leaving three (3) feet of clearance for pick up. • Contact the streets division when finished to report the number of bags for pick up, remove the warning signs, and turn in the supplies, i.e., leftover bags, gloves, vests, pick-up sticks, etc. Conducted by:__________________________________________________________ Signed: _________________________________________ Dated:________________ Group: ________________________________________________________________ Signed: _________________________________________ Dated:________________ Print: ___________________________________ 1037 ADOPT A ROAD PROGRAM The Pledge Volunteers enter into a two-year agreement with the City, during which they agree to conduct litter removal on a monthly basis. Participating businesses and non-profit groups will have an Adopt- A-Road sign(s) to recognize the sponsoring company. Many miles of roads/highways are adopted statewide by various organizations. It eases the load of City work crews, allowing them to devote their time to other road maintenance and special projects. In addition, it demonstrates community pride and makes a positive statement for a clean, attractive City. The program demonstrates personal responsibility and changes attitudes regarding littering. Volunteers Agree to: • “Adopt” a one-mile section of road & sign an agreement • Dedicate two years to the program • Follow specified City & DOT safety regulations • Remove litter once a month. • Provide data reports stating the number of volunteers, hours, bags of litter collected, and photos to be posted on the City’s website. • Attend a safety meeting before litter removal Adopt-A-Road Fees & Signage: • Business groups entering the program will pay an initial fee of $250.00, which includes one Adopt-A-Road sign recognizing the group. • Participating businesses may purchase a second Adopt-A-Road sign for $100.00. • Business participants are required to pay an annual fee of $100.00. • Non-profit groups interested in adopting a road segment are exempt from the initial fee of $250.00. However, no sign will be provided. • If the non-profit group does wish to purchase a sign, the cost is $100.00. • Non-profit participants are exempt from renewal fees. City Agrees to: • Assist with safety meetings • Provide safety vests, gloves, litter bags, pick-up sticks, and warning signs (not to exceed 10) • Pick up litter bags at specified locations • Post Adopt-A-Road sign(s) commending the group • If one sign is purchased, the sign will be placed in the center of the one-mile stretch of selected roadway, reminding people not to litter and recognizing the sponsoring business. • If two signs are purchased, the signs will be placed at the beginning and end of the selected roadway. (No more than two signs can be placed on site along the roadway) • All participating business and non-profit groups will be recognized on the City website. How to become a Volunteer: 1038 To participate in the Adopt-A-Road Program, you must contact your local City’s office. Please apply to get started. Volunteers must wear: • Gloves • Work pants, no shorts • No headphones or earpieces; place phone in your pocket • Dress for hot weather • Safety vests • Sunscreen (optional) • Sunglasses • Hat (optional) Volunteers must do the following: • Set up crew working signs (“Litter pickup ahead”) placed by the Adopt a Road sign • Stay away from paved shoulders • Walk facing traffic • Do not pick up litter in a median, paved shoulder, bridge, or areas close to the road • Do not pick up dead animals • Always turn over boxes with a stick first • Stay away from tall grass, woods, and wild animals • Place litter bags next to the adopted road sign Volunteers should be aware of the following hazards when working in Florida weather on the side of the road: • Pack a cooler with water and ice; no alcohol is permitted. • Know the signs for overheating and take breaks when needed. • Have a first aid kit • Know the route to the nearest ER • Carpool to the site to avoid multiple vehicles and have fewer distractions on the side of the road. • If any minors volunteer, they must be accompanied by an adult at all times. 1039 CITY OF BOYNTON BEACH ADOPT-A-ROAD PROGRAM PACKET INTRODUCTION Various individuals and corporations throughout the City of Boynton Beach have expressed an interest in beautification through litter removal within the City rights- of-way. Such an effort focuses on an Adopt-A-Road program coordinated and directed by the Public Works Streets Department. The benefits to the City and the Group involved are a litter-free and more attractive City and recognition for the group through the signs and associated publicity. The basics of the City Adopt-A-Road program are: • A Group adopts a minimum one (1) mile segment up to a maximum of two (2) mile segment of a City road that the Group agrees to remove litter on a monthly basis for a two-year period. • The City provides the group with safety training, safety vests, gloves, trash bags for litter pick-up activities, and warning signs. (not to exceed 10) • The City installs recognition sign(s) of the Group’s length of City road. The sign(s) identify the Group providing the litter removal. • The City will collect the litter bags for disposal at the end of each clean-up exercise. Included in this Adopt-A-Road Program packet (Program Packet) for your review is: I. Adopt-A-Road procedures and renewal for the adopting Group II. Adopt-A-Road sign policy III. An application form that can be detached, filled out by the Group, and sent to the Streets Division If your Group or you have any further questions, contact the Streets Division at: AdoptaroadCOBB@bbfl.us 1040 CITY OF BOYNTON BEACH ADOPT-A-ROAD PROGRAM PACKET I. A. PROCEDURES 1. Groups wishing to adopt a one (1) mile segment of City road right-of-way for litter removal should contact the Public Works Streets Department at AdoptaroadCOBB@bbfl.us. This Program Packet will be provided to the Group. The Group should review the Program Packet and decide if it can comply with the requirements as outlined. 2. If the Group decides it wants to adopt a minimum one (1) mile segment but no longer than two (2) miles of City road, the Group should fill out and sign the application included with this Program Packet. Please mail/email the signed application to: City of Boynton Beach - Streets Division 100 E Ocean Ave Boynton Beach, FL 33435 AdoptaroadCOBB@bbfl.us 3. The Public Works Department Street Division will review the potential locations proposed by the Group and determine the safest location for approval and is available. Roads with curves or narrow right-of-ways beyond the shoulder may not be appropriate. Once an area is agreed upon, an Adopt-A-Road Agreement will be sent to the Group for signature. A designated officer/manager must sign all forms if the Group is a corporation. A copy of the corporation's paperwork filed with the Secretary of State (Sunbiz.org) listing the principal officer/manager must be provided. Once the Agreement is signed and the $250 fee (if applicable) is paid, the Streets Division will schedule a safety orientation for the Group. For-profit groups that apply for the Adopt-A-Road Program will be charged a $250 cost-share fee to help offset program costs. (The initial $250 fee will be waived for the program's first year.) Non-Profit Groups will have the initial fee waived. 4. During the initial safety orientation, the Streets Division will provide the group with safety equipment. The equipment consists of safety vests for each member of the participating Group (not to exceed 10), gloves, large litter bags, and a Safety Briefing Checklist. 5. Once the Agreement has been signed by both the Group and the City, the Streets Division will coordinate the installation of one (1) or two (2) recognition signs at the Group’s litter removal segment. The signs shall only include the organization's name. Group logos, trademarks, website addresses, phone numbers, social media contacts, etc., cannot be included. 6. The Group agrees to remove litter along the adopted road segment on a monthly basis for a two (2) year period. The Group will complete and mail/email the Volunteer Sign-In Sheet after each litter removal. The Group will also mail/email photos of their clean-up efforts to be posted to the Streets Division and Public Works' social media platforms. Every six 1041 CITY OF BOYNTON BEACH ADOPT-A-ROAD PROGRAM PACKET months, Technical Assistant III will review each Group’s file and follow up with the GROUP if needed. 7. During the week before each litter removal, the Group shall contact the Streets Division at AdoptaroadCOBB@bbfl.us to schedule a date and time for the pick-up of the litter bags. The Group is responsible for holding its safety briefing before each litter removal. The ideal time for the Group to remove litter is between 8:00 AM and 2:00 PM on the weekends. Litter removal activities shall be during daytime hours and in good weather conditions. Litter removal activities are not permitted during peak hours on weekdays. Weekday peak hours are defined as Monday through Friday, between 6:00 AM and 9:00 AM and between 4:00 PM and 6:00 PM. 8. The Group and the City may terminate the Agreement at any time upon 30 days written notice. The City may terminate the Agreement if the Group does not perform litter removal activities as required by the Agreement. If the Agreement is terminated, the recognition signs will be removed, the road segment will become available to other Group applicants, and there will be no refunds of any fees. B. RENEWAL PROCEDURE 1. The Group will receive a renewal notice and Program Packet via email or mail approximately two (2) months before the current Agreement expires. 2. The Group may renew the Agreement by executing a new Agreement and paying the Adopt-A-Road Agreement fee, if applicable. The fee will be waived for non-profit groups. 3. The Group will be entitled to receive new safety equipment to cover the renewal period. 4. If the Group does not renew before the expiration of the latest Agreement or submits notice to the Traffic Division to end the Agreement, the recognition signs will be removed. II. ADOPT-A-ROAD SIGN POLICY Recognition signs installed for the Groups participating in the Adopt-A-Road Program will conform to the following criteria: 1. Only the group's full name, company/business, or political group will be posted on the recognition sign. 2. The Traffic Division will not list the services a group provides unless it is part of the name. 3. The Traffic Division will not list specific locations, addresses, phone numbers, etc. of the group. 4. The Traffic Division will not allow any political or other statements that could be considered controversial to be placed on the signs. FOR ADDITIONAL PROGRAM INFORMATION, CONTACT THE STREETS DIVISION BY emailing AdoptaroadCOBB@bbfl.us 1042 CITY OF BOYNTON BEACH ADOPT-A-ROAD PROGRAM PACKET □ III. APPLICATION The Streets Division will work with the adopting group to determine the specific section of City Roadway to be adopted. Roadways that lack sufficient right-of-way and pose safety hazards will not be considered. (Name of Individual or Corporation as will be shown on Agreement) (Date) (Mailing Address) (City, Zip Code) (Name of President or Chairperson) (President or Chairperson’s Phone #) (Name of Group’s Contact Person) (Group’s Contact Person’s Phone #) (Mailing Address of Group Contact Person, if different from Organization) (City, Zip Code) Check if NON-PROFIT □ (Email Address of Group’s Contact Person) City Road Section(s) you are interested in adopting: 1. Road Name From Office use only: Approved Location? Yes No To 2. □ □ Road Name From To 3. □ □ Road Name From To # of Participants – up to 10: Mail or email this form to: City of Boynton Beach-Streets Division 100 E Ocean Ave Boynton Beach, FL 33435 AdoptaroadCOBB@bbfl.us Section 1: Section 2: Section 3: Reviewed by: Title: Date: Approved by: Title: Date: Office Use Only: 1043 CITY OF BOYNTON BEACH ADOPT-A-ROAD PROGRAM PACKET IV.RELEASE By applying to the City’s Adopt-A-Road Program, the Group at its sole cost and expense, hereby agrees to indemnify, protect, release, defend (with counsel acceptable to the City) and hold harmless the City, its municipal officials, elected officials, councils, boards, commissions, officers, employees, attorneys, and agents, from and against any and all causes of action, claims, demands, all contractual damages and losses, economic damages and losses, all other damages and losses liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney’s fees and costs of defense arising, directly or indirectly, in whole or in part, from the action or inaction of Group, its agents, representatives, employees, contractors, subcontractors or any other person for whose acts Group may be liable, in constructing, operating, using, maintaining, repairing, restoring the City’s right-of way, or in carrying on Group’s business or operations in the City, or out of the fact that the City entered into this Agreement with Group, the rights granted to Group, or the activities performed, or failed to be performed, by Group under this Agreement, or otherwise, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the City, its elected officials, officers, employees, agents or contractors, or as otherwise may be limited by law. This indemnity shall apply, without limitation, to any claim or cause of action, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Agreement. The indemnification, duty to defend, and hold harmless obligations set forth in this Section shall survive for a period of five (5) years after the date of expiration or termination of this Agreement. Print Name: on behalf of________________________ Signature: _________________________________ Date:__________________________ Telephone Number: Email: ____ 1044 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 Information Consultants, Inc Attn: Pierre Smith, President 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmith@icons-inc.com;corp@icons-inc.com QUOTE.: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW CURRENT BID TERM: JANUARY 5, 2024 – JANUARY 4, 2025 Dear Mr. Smith: The current bid term for “LASERFICHE ANNUAL MAINTENANCE AND SUPPORT” expires on January 4, 2024. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6308. Sincerely, Taralyn Pratt Taralyn Pratt Assistant Purchasing Manager DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 931045 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 QUOTE: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC. AGREEMENT RENEWAL TERM: JANUARY 5, 2024 – JANUARY 4, 2025 _____ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the bid for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ INFORMATION CONSULTANTS, INC. ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 954-989-37041/31/2024 psmith@icons-inc.com Pierre Smith President 941046