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Agenda 10-21-25
The City of Boynton Beach City Commission Agenda Tuesday, October 21, 2025, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) 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 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. 2 1.Openings The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. 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. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Charter Review Committee Final Report and Recommendations. B.City Event Announcements 4.Public Audience 5.Administrative A.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R25-275- Authorizing the Mayor to sign the Recreation and Parks Special Events Application to the Town of Ocean Ridge for Oceanfront Bark events. B.Proposed Resolution No. R25-276- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County. C.Proposed Resolution No. R25-277- Authorize the City's application for the 2026-27 Roll Call. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Staff recommends that the City Commission receive and review the Charter Review Committee's Final Report and consider placing five proposed charter amendments on the March 2026 General Municipal Election ballot for voter approval. Pirate Fest- October 25, 2025 and October 26, 2025 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). Approve Community Support Fund requests from Commissioner Cruz and Commissioner Kelley. Staff recommends approval of Proposed Resolution No. R25-275. Staff recommends approval of Proposed Resolution No. R25-276. 4 EMS Matching Grant offered by the Florida Department of Health in the amount of $20,275.76, and if awarded, authorize the City to accept the Grant and execute all future documents associated with the grant. D.Commission Meeting Minutes. 7.Consent Bids and Purchases A.Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for October 21, 2025 - " Request for Extensions and/or Piggybacks." B.Proposed Resolution No. R25-278- Approve and authorize the issuance of Purchase Orders for the purchase of vehicles and equipment scheduled in the FY2025/2026 replacement budget, and permit the use of these same contracts for additional purchases as needed (e.g., totaled vehicles, mid-year position additions), by utilizing various Florida Sheriff's Association Contracts, Sourcewell Contracts, the Florida State Term Contract (Alan Jay), the City of Tallahassee Contract, the Charlotte County Contract, the HGAC-Buy Contract, the Hillsborough County Sheriff's Office Contract (Assorted Vehicle Procurement), and the Bradford County Sheriff's Office Contract (Duval Ford), for an estimated total amount of $8,277,000, plus a contingency of twenty percent (20%) or $1,655,400, for a total amount not to exceed $9,932,400, should the vehicles and/or equipment no longer be available and new models be delivered. C.Proposed Resolution No. R25-279- Approve a limited term extension amendment extending the City of Boynton Beach's agreement with Mae Volen Senior Center, Inc. for transportation services by an additional 180 days. D.Proposed Resolution No. R25-280- Award Request for Proposal No. 25-053R for the Citywide Holiday Lighting to Artistic Holiday Designs and approve an Agreement between the City and Artistic Holiday Designs in an amount not to exceed $110,000 per year. E.Proposed Resolution No. R25-281- Approve the final rankings for the Request for Qualifications (RFQ) No. PWE25-009Q for Engineering Design and Environmental Review Services for the San Castle Infrastructure Mitigation Project (CDBG-MIT Funded) as recommended by the Evaluation Committee and authorize City staff to negotiate a contract with the recommended top-ranked proposer, Wade Trim, Inc. in accordance with section 287.055, Florida Statutes, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). Staff recommends approval of Proposed Resolution No. R25-277. Approve minutes from the September 18, 2025 City Commission/CRA Joint Meeting, and the City Commission Meeting and Second Budget Hearing. Staff recommends approval of this expenditure and execution of renewal amendments. Staff recommends approval of Proposed Resolution No. R25-278. Staff recommends approval of Proposed Resolution No. R25-279. Staff recommends approval of Proposed Resolution No. R25-280. 5 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. A.Proposed Ordinance No. 25-022- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.36 Acres of Unincorporated Territory Located at 3604 Boynton Beach Boulevard, into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. B.Proposed Ordinance No. 25-032- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 0.36 acre parcel of real property located at 3604 Boynton Beach Boulevard, by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-8 (CH/8) to City of Boynton Beach's Local Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. C.Proposed Ordinance No. 25-033- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Curaleaf Florida LLC annexation, amending ordinance no. 02-013 to rezone approximately 0.36 acres of unincorporated territory located at 3604 Boynton Beach Boulevard, from Palm Beach County's Commercial High Office (CHO) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. D.Variance request to grant a reduced rear yard setback to 9.1 feet where 20 feet is required. E.Development Order for the Conditional Use for American Countertops & Design LLC (COUS - 2025.06.4161). Staff recommends approval of Proposed Resolution No. R25-281. Staff recommends approval of Proposed Ordinance No. 25-022, at second reading. Staff recommends approval of Proposed Ordinance No. 25-032, at second reading. Staff recommends approval of Proposed Ordinance No. 25-033, at second reading. Approval of a variance request from Part III, Chapter 3, Article III, Section 1.C (Table 3.2) and Part III, Chapter 3, Article III, Section 3.C.3 (Table 3-17) to grant a reduction of a rear yard setback of 9.1 feet where 20 feet is required. Approve the Development Order for Conditional Use (COUS- 2025.06.4161) for 6 F.Proposed Ordinance No. 25-034- First Reading, an Ordinance of the City of Boynton Beach, Florida, amending Code of Ordinances Part III, Land Development Regulations, Chapter 2, Land Development Process, Article VI, Impact and Selected Fees, and providing an effective date. 9.City Manager’s Report A.Receive update on the status of future agenda items. 10.Regular Agenda A.Discussion regarding parking Ordinance. 11.Future Agenda Items A.Update on the City's Strategic Planning efforts. - November 4, 2025 B.Joint City and CRA Workshop- Saturday, November 8, 2025. C.Quarterly joint City/CRA coordination meeting - January 13, 2026 D.Discussion regarding creating a beautification board. - TBD E.Discussion regarding Citywide Master Plan to light up the City.- TBD F.Discussion on utility lift station upgrades and odor control - TBD G.Discussion in regards to an additional area that might be available as a future cemetery.- TBD H.Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. American Countertops & Design, LLC to be located at 1900 Corporate Dr., in the Planned Industrial Development (PID) zoning district. Staff recommends approval of Proposed Ordinance No. 25-034. In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of October 14, 2025. Proposed Ordinance No. 25-018- Second Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 14 "Motor Vehicles and Traffic," Section 14-5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. This item was tabled at the September 2nd Commission Meeting. Update requested by Commission Woodrow Hay. The City and CRA will be hosting a workshop to discuss the CRA master plan, commercial/industrial land development, and land acquisition planning. Requested by City Commission and CRA Board. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. 7 I.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz J.Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD K.Discussion regarding bulk trash pickup. - TBD L.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD M.Follow-up report on the State of Florida DOGE request.-TBD N.Discussion regarding having a Legislative Action workshop by the Commission. - TBD 12.Adjournment Requested by Commissioner Cruz. Discussion requested by Commissioner Turkin. Discussion requested by Commissioner Angela Cruz. Requested by Commissioner Cruz. Staff will provide an update to the City Commission regarding the State of Florida DOGE request. Requested by Commissioner Turkin. 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 3.A Announcements, Community and Special Events And Presentations 10/21/2025 Meeting Date: 10/21/2025 Charter Review Committee Final Report and Recommendations. Requested Action: Staff recommends that the City Commission receive and review the Charter Review Committee's Final Report and consider placing five proposed charter amendments on the March 2026 General Municipal Election ballot for voter approval. Explanation of Request: Pursuant to Resolution No. R25-195, the City Commission established a five-member Charter Review Committee to review the City Charter and recommend amendments. The Committee met regularly from August through October 2025, conducting all meetings in compliance with Florida Sunshine Law requirements and providing opportunities for public input. Below is a summary of the proposed Charter Amendments: Preamble Creation- Establishes foundational purposes and guiding principles for City government. Section 3- Candidate Qualifications - Requires one-year continuous residency within the City (and district for district seats) prior to filing for office. Section 5- Terms of Office and Term Limits- Extends terms from three to four years beginning in 2028; clarifies term limit provisions and establishes a one-year sit-out period after two consecutive terms. Section 20- Form of Government- Clarifies Commission/City Manager structure; requires super-majority approval for City Manager and City Attorney appointments/removals; strengthens separation between policy and administration. Global Revisions and Technical Fixes - Updates masculine only pronouns, modernizes notice requirements, aligns with current state law, and corrects formatting throughout multiple Charter sections. How will this affect city programs or services? Improved Governance Continuity, Reduced Election Frequency, Clearer Administrative Authority, and More Stable Leadership. Account Line Item and Description: N/A 9 Fiscal Impact: To be determined based on referendum election costs. Attachments: City of Boynton Beach Charter Review Committee Final Report - Revised (3).pdf Charter Amendment Proposals - Final V3.pptx 10 CITY OF BOYNTON BEACH CHARTER REVIEW COMMITTEE – FINAL REPORT Transmitted to the City Commission, October 21, 2025 The Charter Review Committee presents this report summarizing its review process and recommending five charter amendments for consideration at the March 2026 municipal election. To : Mayor, Vice Mayor, and Commissioners From: Jerry Taylor, Charter Review Committee Chair Shawna Lamb, Committee Attorney Date: October 13, 2025 Re: Charter Review Committee, Proposed Charter Amendments, and Ballot Titles and Summaries I. Introduction The Charter Review Committee (the "Committee") was established by Resolution No. R25-195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3.Recommending any additional modifications necessary to improve the Charter ’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. II. Committee Organization At its first meeting, the Committee elected officers: Chair: Jerry Taylor Vice Chair: David Katz Members: Rev. Richard Dames, Dr. Phyllis T. Pacilli, Angela Troyanowski 11 CRC Final Report October 21, 2025 Page 2 of 7 The Committee’s staff liaison was Catherine Cherry-Guberman, who coordinated agendas, recorded minutes, and ensured public notice compliance. The City Attorney’s Office provided legal support, and the City Clerk’s Office provided administrative support. III. Review Process and Scope The Committee began its work by reviewing the entire City Charter, identifying provisions that required modernization or clarification. The Committee focused on three categories: 1. Substantive Amendments: Structural or procedural changes to governance; 2. Technical Revisions: Grammatical corrections, numbering, or references; and 3. Clarifications: Updates to reflect current practices or legal standards. IV. Prioritization of Amendments Recognizing that comprehensive charter revision requires voter approval through referendum, the Committee adopted a tiered prioritization strategy to address the most pressing issues first while preparing for future modernization: Tier 1 -- Critical Operational Fixes: Addressing conflicting election provisions, clarifying vacancy-filling procedures, and defining Commission-Manager authority to improve governance functionality. Tier 2 -- Modernization Needs: Updating meeting technology provisions, citizen initiative processes, and legal notice requirements to reflect digital communication and accessibility. Tier 3 -- Strategic Improvements: Clarifying district boundary and term-limit language to prevent disputes and enhance public confidence. This structured approach ensures the most urgent matters receive timely attention while building a foundation for continued Charter improvement in subsequent review cycles. The Committee identified the clarification of the Commission-Manager form of government (Section 20) and the extension of term lengths (Section 5) as especially important for improving governance continuity and operational clarity. V. Summary of Recommended Charter Amendments Based on its review, the Committee recommends adoption of the following proposed charter amendments, which are summarized below. 1. Preamble Creation The proposed Charter Preamble establishes the foundational purposes and guiding principles of the City of Boynton Beach’s government. It provides an introductory statement expressing the City’s core values and the intent behind its Charter provisions. 12 CRC Final Report October 21, 2025 Page 3 of 7 Specifically, the preamble: • Affirms the City’s commitment to protecting the general health, safety, and welfare of its residents; • Expresses the principles of honest, efficient, and responsive governance as central to municipal operations; and • Formally recognizes that the Charter is adopted pursuant to the Florida Constitution and state law, grounding the City’s home rule authority in the broader framework of state government. While the preamble does not create new powers or legal obligations, it serves an important symbolic and interpretive role—articulating the civic philosophy that underlies all sections of the Charter. It provides context for understanding the City’s governmental structure, helps guide interpretation of the Charter in future legal or policy settings, and mirrors best practices in other Florida municipalities, including preambles to affirm their community values and purpose. In short, the preamble frames the City Charter as a document dedicated to good governance, community wellbeing, and accountability to the people of Boynton Beach. 2. Section 3 -- Candidate Qualifications and Residency Requirements This amendment revises Section 3 (Composition, Election, Terms, Vacancies) of the City Charter to require that candidates for Mayor and City Commissioner must have resided continuously within the City of Boynton Beach for at least one (1) year prior to filing for office. The amendment: • Clarifies candidate qualifications by explicitly requiring continuous residency within the City for a minimum of one year before qualifying to run; • Ensures that candidates for district seats must also have resided continuously within their respective districts for at least one year prior to filing; • Affirms age and elector requirements, maintaining that all candidates must be at least 21 years of age and qualified electors of the City; • Reorganizes and modernizes section language for consistency and readability; and • Reinforces accountability and community connection, ensuring that individuals seeking office have a sustained and genuine commitment to Boynton Beach and its neighborhoods. In practical effect, this amendment codifies the City’s expectation that elected officials should have meaningful, ongoing ties to the community they serve, while maintaining consistency with constitutional standards for candidate qualifications. Committee Action: The Committee voted unanimously (4-0, with one member absent) to recommend the one-year continuous residency requirement. 13 CRC Final Report October 21, 2025 Page 4 of 7 3. Section 5 -- Terms of Office and Term Limits The amendment: • Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years, beginning with the March 2028 municipal election; • Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of more than one-half of a full term counts as a complete term; • Imposes a one-year "sit-out period" after any person serves two consecutive terms before becoming eligible to run again for any elective City office; and • Harmonizes all related provisions to align future elections with the new four-year cycle. Implementation Timeline: Persons elected in the March 2026 election will serve three-year terms to align the election cycle. Beginning with the March 2028 election, all terms will be four years. Effect: This change provides more continuity in governance, reduces election frequency and cost, and ensures fairness and clarity in applying term-limit rules while maintaining opportunities for new leadership. The Committee also reviewed the eligibility criteria for service on the City Commission: Residency Requirements: Based on legal guidance from the City Attorney’s September 2, 2025, memorandum, the Committee determined that durational residency rules longer than one year may raise constitutional issues under the Equal Protection and Privileges and Immunities Clauses. The Committee, therefore, recommended clarifying the existing residency provision rather than lengthening it to ensure defensibility and prevent potential litigation. Age Requirements: As noted in the City Attorney’s September 3, 2025, memorandum, the Committee considered whether to raise age qualifications for candidates but concluded that doing so could present constitutional risks. The Committee recognized that modest age requirements rationally related to ensuring maturity and fiscal responsibility are legally permissible but should not unduly restrict voter choice. After deliberation and consideration of research regarding adolescent brain development and fiscal maturity, the Committee voted 3-1 to maintain the current age requirement of 21 years. One committee member preferred to raise the age to 25 years based on research indicating that brain development, particularly regarding long-term planning and fiscal decision-making, continues into the mid-twenties. However, the majority concluded that the current 21-year age requirement appropriately balances maturity considerations with voter choice and constitutional principles. 14 CRC Final Report October 21, 2025 Page 5 of 7 4. Section 20 -- Form of Government and Administrative Structure This amendment modernizes and clarifies Section 20 (General Provisions) to better define the Commission/City Manager form of government and delineate the respective responsibilities of elected officials and the administration. The amendment: • Reaffirms the City’s Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policymaking body; • Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; • Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; • Defines the City Manager ’s administrative authority over all departments, personnel, and day-to-day operations; and • Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Effect: This amendment strengthens the separation between governance and administration, enhances professional accountability, and protects against undue political influence in personnel decisions. 5. Global Revisions and Technical Fixes Throughout the Charter, redundant, outdated, or inconsistent language was corrected. Citations to state statutes were updated, and formatting was standardized. The Committee noted that these fixes do not substantively alter governance but improve readability and legal precision. This broad ordinance updates multiple sections of the Charter—including Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55—to modernize terminology, improve accessibility, and align notice procedures with current state law. The amendment: • Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; • Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City’s website as permitted by Florida Statutes; 15 CRC Final Report October 21, 2025 Page 6 of 7 • Clarifies the process for special meetings, elections, citizen initiatives, and referendums to align with current state election procedures; and • Makes minor grammatical and formatting corrections to ensure consistency and readability. Effect: This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. VI. Public Participation Throughout the review process, the committee received input from interested residents. All meetings were open to the public and provided opportunities for public comment. Notably, resident Susan Oyer participated in multiple meetings and provided feedback on several proposed amendments, including support for higher age requirements (25 years), the importance of clear residency definitions, support for ranked choice voting to reduce runoff election costs, and support for three-year terms with appropriate term limit provisions. The Committee appreciated this civic engagement and carefully considered all public input. The Committee values this public participation as an essential element of transparent governance and encourages continued citizen involvement in future Charter reviews. VII. Additional Committee Observations The Committee also discussed: • The desirability of conducting Charter Reviews at least once every 10 years; • Encouraging greater civic participation in Charter-related discussions; • The importance of transparent public education ahead of any Charter referendum; and • The potential future development of a Code of Conduct for elected officials, though the Committee determined this matter could be more appropriately addressed through ordinance rather than a Charter amendment. The Committee expressed appreciation for the City Attorney’s guidance and the Commission’s support, emphasizing that the recommended amendments strike a balance between modernization, legal compliance, and continuity. VIII. Conclusion and Recommendation The Charter Review Committee of the City of Boynton Beach respectfully submits this report and its recommended charter amendments to the City Commission for consideration. The Committee recommends that the City Commission review these proposed amendments, make any final revisions it deems necessary, and consider placing them on the March 2026 General 16 CRC Final Report October 21, 2025 Page 7 of 7 Municipal Election ballot for voter approval. If approved by the City Commission, these amendments will be presented to voters at the March 2026 General Municipal Election. Supporting Documentation: Exhibit A: Proposed Charter Amendment Ordinances Exhibit B: Official Minutes of Committee Meetings (August 21, August 28, September 3, September 25, October 6, October 13, 2025) The Committee appreciates the opportunity to serve the residents of Boynton Beach and commends the City Commission for its continued commitment to open, transparent, and responsive governance. Adopted unanimously by the Charter Review Committee at its final meeting on October 13, 2025. Respectfully submitted, Jerry Taylor Chair, Charter Review Committee JT/sgl Committee Members: Vice Chair David Katz, Rev. Richard Dames, Dr. Phyllis T. Pacilli, Angela Troyanowski 17 EXHIBIT A 18 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-______ 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CITY 4 CHARTER; ADDING A PREAMBLE TO THE CITY CHARTER TO 5 ESTABLISH THE FOUNDATIONAL PURPOSES AND PRINCIPLES OF CITY 6 GOVERNANCE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF 7 THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE 8 WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT 9 THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE 10 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, 11 ON THE MARCH 2026 GENERAL MUNICIPAL ELECTION BALLOT AND 12 SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR 13 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 14 15 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 16 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 17 Beach ("City"); and 18 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 19 may be submitted to a referendum vote by the City Commission through the adoption of an 20 Ordinance calling for such a referendum election; and 21 WHEREAS, the City Commission has determined that it is in the best interest of the City 22 to add a Preamble to the City Charter that articulates the foundational purposes and principles 23 underlying the City’s governance structure; and 24 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 25 Ordinance be prepared and that the appropriate Charter Referendum question be included 26 19 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 27 2026 General Municipal Election. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA: 30 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 31 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 32 Section 2: The City Charter is hereby revised to read as follows: 33 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 34 HEREIN BY REFERENCE 35 Section 3: The Ballot Title shall be as follows: 36 AMENDMENT TO CITY CHARTER – ADDITION OF PREAMBLE 37 Section 4: The following question shall be placed on the ballot for consideration by 38 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 39 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 40 Shall the City Charter be amended to add a Preamble establishing the foundational 41 purposes and principles of the City’s government, including protecting the general 42 health, welfare, and safety of residents and promoting honest, efficient, and 43 responsive government? 44 45 YES_____ NO_____ 46 47 20 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: That should a majority of electors voting on the above-referenced 48 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 49 language shall become a part of the Charter of the City of Boynton Beach, Florida. 50 Section 6: That the City Clerk is hereby directed to ensure that the appropriate 51 numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform 52 the Charter to the amendments if approved. 53 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 54 directed to advertise the referendum election contemplated herein in accordance with the State 55 of Florida Election Code and the City's Charter and Code of Ordinances. 56 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 57 are repealed to the extent of such conflict. 58 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 59 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 60 part shall be considered as eliminated and in no way affect the validity of the other provisions of 61 this Ordinance. 62 Section 10: This Ordinance shall become effective immediately upon execution by all 63 parties. 64 21 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 65 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 66 the March 2026 election in the City of Boynton Beach. 67 68 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 69 22 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 70 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 71 CITY OF BOYNTON BEACH, FLORIDA 72 YES NO 73 74 Mayor – Rebecca Shelton _____ _____ 75 76 Vice Mayor – Woodrow L. Hay _____ _____ 77 78 Commissioner – Aimee Kelley _____ _____ 79 80 Commissioner – Angela Cruz _____ _____ 81 82 Commissioner – Thomas Turkin _____ _____ 83 84 VOTE ______ 85 ATTEST: 86 87 _____________________________ 88 Maylee DeJesús, MMC Rebecca Shelton 89 City Clerk Mayor 90 91 APPROVED AS TO FORM: 92 (Corporate Seal) 93 94 95 Shawna G. Lamb 96 City Attorney 97 98 23 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” PREAMBLE 1 The citizens of the City of Boynton Beach, in order to protect the general health, welfare, and 2 safety of its residents, promote honest, efficient, and responsive government, hereby adopt a City 3 Charter in accordance with the Constitution and Statutes of the State of Florida. 4 5 24 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-______ 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 3 TO REQUIRE CONTINUOUS 5 RESIDENCE WITHIN THE CITY FOR AT LEAST ONE (1) YEAR PRIOR TO 6 FILING TO RUN FOR OFFICE; PROVIDING FOR A NOTICE OF AN 7 ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED 8 IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; 9 PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE 10 SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, ON THE MARCH 2026 GENERAL MUNICIPAL 12 ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY 13 LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 17 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 18 Beach ("City"); and 19 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 20 may be submitted to a referendum vote by the City Commission through the adoption of an 21 Ordinance calling for such a referendum election; and 22 WHEREAS, the City Commission has determined that it is in the best interest of the City 23 to modify the qualifications for elective offices to ensure candidates have a sustained 24 commitment to the community; and 25 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 26 Ordinance be prepared and that the appropriate Charter Referendum question be included 27 25 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 28 2026 General Municipal Election. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA: 31 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 32 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 33 Section 2: The City Charter is hereby revised to read as follows: 34 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 35 HEREIN BY REFERENCE 36 Section 3: The Ballot Title shall be as follows: 37 AMENDMENT TO CITY CHARTER – CANDIDATE 38 QUALIFICATIONS FOR ELECTIVE OFFICES 39 Section 4: The following question shall be placed on the ballot for consideration by 40 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 41 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 42 Shall the City Charter be amended to require that candidates have resided 43 continuously within the City for at least one (1) year prior to filing for office? 44 45 YES_____ NO_____ 46 47 26 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: That should a majority of electors voting on the above-referenced 48 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 49 language shall become a part of the Charter of the City of Boynton Beach, Florida. 50 Section 6: That the City Clerk is hereby directed to ensure that the appropriate 51 numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform 52 the Charter to the amendments if approved. 53 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 54 directed to advertise the referendum election contemplated herein in accordance with the State 55 of Florida Election Code, as well as the City's Charter and Code of Ordinances. 56 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 57 are repealed to the extent of such conflict. 58 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 59 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 60 part shall be considered as eliminated and in no way affect the validity of the other provisions of 61 this Ordinance. 62 Section 10: This Ordinance shall become effective immediately upon execution by all 63 parties. 64 27 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 65 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 66 the March 2026 election in the City of Boynton Beach. 67 68 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 69 28 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 70 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 71 CITY OF BOYNTON BEACH, FLORIDA 72 YES NO 73 74 Mayor – Rebecca Shelton _____ _____ 75 76 Vice Mayor – Woodrow L. Hay _____ _____ 77 78 Commissioner – Aimee Kelley _____ _____ 79 80 Commissioner – Angela Cruz _____ _____ 81 82 Commissioner – Thomas Turkin _____ _____ 83 84 VOTE ______ 85 ATTEST: 86 87 _____________________________ 88 Maylee DeJesús, MMC Rebecca Shelton 89 City Clerk Mayor 90 91 APPROVED AS TO FORM: 92 (Corporate Seal) 93 94 95 Shawna G. Lamb 96 City Attorney 97 98 29 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 3. Composition, election, terms, vacancies. 1 (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the 2 City of Boynton Beach and have resided continuously within the City for a period of not 3 less than one (1) year prior to filing for office, and who shall have attained the age of 4 twenty-one (21) years on or before the date the candidate files and qualifies for office. 5 The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts 6 and shall be elected by a city-wide vote. 7 (b) There shall be a City Commission of four (4) members elected from each of the four (4) 8 election districts within the City, and a Mayor who is elected by a city-wide vote. Each 9 City Commissioner and each candidate for City Commissioner shall reside in the election 10 district from which he or she is (to be) elected at the time of the election. A candidate for 11 a Commission district seat must reside, for a period of not less than one (1) year 12 continuously prior to filing for election in the district from which the candidate seeks 13 election. Voters shall vote for only one (1) candidate in each election district in which the 14 voter resides, and one (1) candidate for Mayor. 15 (c) Qualifications for City Commissioners. Only qualified electors who have resided 16 continuously in the City of Boynton Beach for at least one (1) year immediately prior to 17 the election and who shall have attained the age of twenty-one (21) years on or before 18 the date the candidate files and qualifies as a candidate for office shall be eligible to hold 19 the office of City Commissioner. Each Commissioner and each candidate for 20 Commissioner, commencing with the election in March 2014 shall be elected from the 21 election district in which he or she they resides, subject to the fifty percent (50%) plus 22 one rule and runoff procedures set forth in the City Charter. Once elected, a 23 Commissioner from an election district shall remain a resident of the election district and 24 the City of Boynton Beach during his/her their term of office or shall forfeit his/her their 25 office. 26 *** 27 30 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-______ 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 5 TO INCREASE THE TERM OF 5 ELECTIVE OFFICES FROM THREE (3) YEARS TO FOUR (4) YEARS; TO 6 CLARIFY WHAT CONSTITUTES A TERM FOR PURPOSES OF TERM 7 LIMITS; TO PROVIDE FOR A MANDATORY SIT-OUT PERIOD; 8 PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE 9 REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH 10 THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS 11 ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE 12 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, 13 ON THE MARCH 2026 GENERAL MUNICIPAL ELECTION BALLOT AND 14 SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 18 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 19 Beach ("City"); and 20 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 21 may be submitted to a referendum vote by the City Commission through the adoption of an 22 Ordinance calling for such a referendum election; and 23 WHEREAS, the City Commission has determined that it is in the best interest of the City 24 to modify the term limits and length of terms for elective offices to better serve the citizens of 25 Boynton Beach; and 26 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 27 Ordinance be prepared and that the appropriate Charter Referendum question be included 28 31 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 29 2026 General Municipal Election. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA: 32 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 33 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 34 Section 2: The City Charter is hereby revised to read as follows: 35 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 36 HEREIN BY REFERENCE 37 Section 3: The Ballot Title shall be as follows: 38 AMENDMENT TO CITY CHARTER - ELECTIVE OFFICE TERMS 39 AND CLARIFY TERM LIMITS 40 Section 4: The following question shall be placed on the ballot for consideration by 41 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 42 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 43 Shall the City Charter be amended to: (1) increase the term of elective offices (Mayor 44 and Commission members) from three (3) years to four (4) years; (2) clarify that 45 serving more than one-half (1/2) of a full term constitutes a complete term for 46 purposes of term limits; and (3) require a mandatory sit-out period of one (1) year 47 for any person who has served more than two (2) consecutive terms before being 48 eligible to run again for any elective office? 49 50 YES_____ NO_____ 51 32 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: That should a majority of electors voting on the above-referenced 52 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 53 language shall become a part of the Charter of the City of Boynton Beach, Florida. 54 Section 6: That the City Clerk is hereby directed to ensure that the appropriate 55 numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform 56 the Charter to the amendments if approved. 57 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 58 directed to advertise the referendum election contemplated herein in accordance with the State 59 of Florida Election Code, as well as the City's Charter and Code of Ordinances. 60 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 61 are repealed to the extent of such conflict. 62 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 63 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 64 part shall be considered as eliminated and in no way affect the validity of the other provisions of 65 this Ordinance. 66 Section 10: This Ordinance shall become effective immediately upon execution by all 67 parties. 68 33 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 69 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 70 the March 2026 election in the City of Boynton Beach. 71 72 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 73 34 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 74 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor – Rebecca Shelton _____ _____ 79 80 Vice Mayor – Woodrow L. Hay _____ _____ 81 82 Commissioner – Aimee Kelley _____ _____ 83 84 Commissioner – Angela Cruz _____ _____ 85 86 Commissioner – Thomas Turkin _____ _____ 87 88 VOTE ______ 89 ATTEST: 90 91 _____________________________ 92 Maylee DeJesús, MMC Rebecca Shelton 93 City Clerk Mayor 94 95 APPROVED AS TO FORM: 96 (Corporate Seal) 97 98 99 Shawna G. Lamb 100 City Attorney 101 102 35 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 5. Terms of elective offices. (a)All elective offices shall be for the a term of three (3) four (4) years, and no person 1 shall be eligible to hold any elective office for more than two (2) consecutive terms. For 2 purposes of this section, elective office shall include both mayor and commission 3 member. 4 (b) Implementation of four-year terms: Beginning with offices elected in the March 2028 5 municipal election, each person elected shall serve a four (4) year term. Persons holding 6 elective office at the time of adoption of this amendment, and persons elected during 7 the March 2026 municipal election, shall serve a three (3) year term to align future 8 elections with the four-year cycle. 9 (c) For purposes of term limits under subsection (a), a person shall be deemed to have 10 served a full term if (as such person serves more than one-half (1/2) of an elective term. 11 (d) Any person who serves more than two (2) consecutive terms in any elective office 12 shall not be eligible to run for or hold any elective office until at least one (1) year has 13 elapsed from the expiration of their last term of office. This mandatory sit-out period 14 applies regardless of whether the person seeks the same office or a different elective 15 office. 16 (be) The resignation from, or forfeiture of, an elective office during any part of an three 17 (3) year elective term shall be deemed to constitute a full and complete term under the 18 provisions of this section. 19 (f) Terms served prior to the effective date of this amendment shall count toward the 20 consecutive term limits established herein. A person may move between the offices of 21 mayor and commission member without the change in office constituting a break in 22 consecutive service for term limit purposes. 23 36 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-______ 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 20 TO CLARIFY THE FORM OF 5 GOVERNMENT, REQUIRE A SUPER MAJORITY VOTE FOR THE 6 APPOINTMENT AND REMOVAL OF THE CITY MANAGER AND CITY 7 ATTORNEY, AND CLARIFYING THE DUTIES AND RESPONSIBILITIES OF 8 THE CITY MANAGER AND COMMISSIONERS; PROVIDING FOR A 9 NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO 10 BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA 11 ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN 12 ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF 13 THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH 2026 14 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME 15 EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 19 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 20 Beach ("City"); and 21 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 22 may be submitted to a referendum vote by the City Commission through the adoption of an 23 Ordinance calling for such a referendum election; and 24 WHEREAS, the City Commission has determined that it is in the best interest of the City 25 to clarify the form of government, strengthen the appointment and removal processes for key 26 administrative positions, and better define the roles and responsibilities of elected officials; and 27 37 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 28 Ordinance be prepared and that the appropriate Charter Referendum question be included 29 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 30 2026 General Municipal Election. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA: 33 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 34 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 35 Section 2: The City Charter is hereby revised to read as follows: 36 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 37 HEREIN BY REFERENCE 38 39 Section 3: The Ballot Title shall be as follows: 40 AMENDMENT TO CITY CHARTER – CLARIFYING FORM OF 41 GOVERNMENT, DUTIES AND RESPONSIBILITIES, AND 42 ADMINISTRATIVE PROVISIONS 43 44 Section 4: The following question shall be placed on the ballot for consideration by 45 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 46 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 47 Shall the City Charter be amended to: (1) clarify the Commission/City Manager form 48 of government; (2) require a super majority vote for the appointment and removal 49 of the City Manager and City Attorney; and (3) clarify the duties and responsibilities 50 of the City Manager and City Commissioners in the governance structure? 51 YES_____ NO_____ 52 38 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 53 Section 5: That should a majority of electors voting on the above-referenced 54 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 55 language shall become a part of the Charter of the City of Boynton Beach, Florida. 56 Section 6: That the City Clerk is hereby directed to ensure that the appropriate 57 numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform 58 the Charter to the amendments if approved. 59 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 60 directed to advertise the referendum election contemplated herein in accordance with the State 61 of Florida Election Code, as well as the City's Charter and Code of Ordinances. 62 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 63 are repealed to the extent of such conflict. 64 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 65 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 66 part shall be considered as eliminated and in no way affect the validity of the other provisions of 67 this Ordinance. 68 Section 10: This Ordinance shall become effective immediately upon execution by all 69 parties. 70 39 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 71 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 72 the March 2026 election in the City of Boynton Beach. 73 74 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 75 40 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 76 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 77 CITY OF BOYNTON BEACH, FLORIDA 78 YES NO 79 80 Mayor – Rebecca Shelton _____ _____ 81 82 Vice Mayor – Woodrow L. Hay _____ _____ 83 84 Commissioner – Aimee Kelley _____ _____ 85 86 Commissioner – Angela Cruz _____ _____ 87 88 Commissioner – Thomas Turkin _____ _____ 89 90 VOTE ______ 91 ATTEST: 92 93 _____________________________ 94 Maylee DeJesús, MMC Rebecca Shelton 95 City Clerk Mayor 96 97 APPROVED AS TO FORM: 98 (Corporate Seal) 99 100 101 Shawna G. Lamb 102 City Attorney 103 104 41 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 20. General Provisions. 1 (a) Duties and Responsibilities of Commissioners. The Mayor and City Commission shall 2 constitute the governing body of the City under the Commission/City Manager form of 3 government and shall exercise all legislative powers authorized under Florida law, including 4 but not limited to: (a) Adopting ordinances, resolutions, and policies; (b) Approving the 5 annual budget; (c) Appointing the City Manager and City Attorney; and (d) Establishing 6 municipal policy and priorities. 7 (ab) Administrative officers, departments, and agencies. The government of the City shall be 8 carried on by the Mayor and City Commission. The City Commission shall appoint a City 9 Manager by a super majority vote, who shall serve as the City's Chief Executive Officer, and 10 a City Attorney by a super majority vote, both of whom shall serve at the pleasure of the City 11 Commission. The City Manager and City Attorney shall serve at the pleasure of the City 12 Commission, but may only be terminated by a super majority vote. There shall also be such 13 other departments and agencies as may be established from time to time by ordinance and 14 the City Manager, or as may be prescribed by ordinances adopted by the City Commission. 15 All other city employees shall be hired, appointed, and discharged by the City Manager, with 16 only the appointment or discharge of Assistant City Managers subject to confirmation by the 17 City Commission. 18 (bc) Supervision by City Manager. Each department, office, and agency under the direction and 19 supervision of the City Manager shall be administered by an officer appointed by and subject 20 to the direction and supervision of the City Manager. With the consent of the City 21 Commission, the City Manager may serve as the head of one or more such departments, 22 offices, or agencies, or may appoint one person as the head of two or more of them, or may 23 combine the functions of any offices specified in this Charter which may be appointed by the 24 City Manager. 25 (cd) Commission/Manager integration with administration. The City Manager shall have full 26 authority over all administrative matters, personnel decisions, and day-to-day operations, 27 subject only to policies established by the City Commission. The City Commission or its 28 members shall deal with city officers and employees who are subject to the direction and 29 supervision of the City Manager solely through the Manager, when such dealings involve 30 giving orders or making requests for services to any such officer or employee. Individual 31 Commissioners shall not direct, supervise, or interfere with the administrative functions of 32 City staff or departments. All employees and officers shall be permitted to provide 33 information to any Commissioner or member of the public upon request. 34 42 08.17.25 (IG) Page 1 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-______ 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTIONS 8, 20, 23, 24, 40, 50, 52, 54, AND 55 5 TO MODERNIZE LANGUAGE BY REPLACING MASCULINE-ONLY 6 PRONOUNS AND TO UPDATE NOTICE AND PUBLICATION 7 REQUIREMENTS TO COMPLY WITH CURRENT FLORIDA STATUTES 8 AND DIGITAL-AGE COMMUNICATION PRACTICES; PROVIDING FOR A 9 NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO 10 BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA 11 ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN 12 ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF 13 THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH 2026 14 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME 15 EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 19 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 20 Beach ("City"); and 21 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 22 may be submitted to a referendum vote by the City Commission through the adoption of an 23 Ordinance calling for such a referendum election; and 24 WHEREAS, the City Commission has determined that it is in the best interest of the City 25 to modernize the Charter language to terms that are inclusive of all persons regardless of gender 26 and to update notice and publication requirements to comply with current Florida statutes and 27 digital-age communication practices; and 28 43 08.17.25 (IG) Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 29 Ordinance be prepared and that the appropriate Charter Referendum question be included 30 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 31 2026 General Municipal Election. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA: 34 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 35 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 36 Section 2: The City Charter is hereby revised to read as follows: 37 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 38 HEREIN BY REFERENCE 39 Section 3: The Ballot Title shall be as follows: 40 AMENDMENT TO CITY CHARTER – MODERNIZE LANGUAGE 41 AND NOTICE REQUIREMENTS 42 Section 4: The following question shall be placed on the ballot for consideration by 43 the qualified electors of the City of Boynton Beach, Florida, at the March 2026, General Municipal 44 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 45 Shall the City Charter be amended to: (1) modernize language by replacing outdated 46 masculine-only pronouns; and (2) update notice and publication requirements to 47 comply with current Florida law and include digital communication methods? 48 YES_____ NO_____ 49 44 08.17.25 (IG) Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 50 Section 5: That should a majority of electors voting on the above-referenced 51 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 52 language shall become a part of the Charter of the City of Boynton Beach, Florida. 53 Section 6: That the City Clerk is hereby directed to ensure that the appropriate 54 numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform 55 the Charter to the amendments if approved. 56 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 57 directed to advertise the referendum election contemplated herein in accordance with the State 58 of Florida Election Code, as well as the City's Charter and Code of Ordinances. 59 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 60 are repealed to the extent of such conflict. 61 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 62 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 63 part shall be considered as eliminated and in no way affect the validity of the other provisions of 64 this Ordinance. 65 Section 10: This Ordinance shall become effective immediately upon execution by all 66 parties. 67 45 08.17.25 (IG) Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 68 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 69 the March _____, 2026 election in the City of Boynton Beach. 70 71 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 72 46 08.17.25 (IG) Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 73 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 74 CITY OF BOYNTON BEACH, FLORIDA 75 YES NO 76 77 Mayor – Rebecca Shelton _____ _____ 78 79 Vice Mayor – Woodrow L. Hay _____ _____ 80 81 Commissioner – Aimee Kelley _____ _____ 82 83 Commissioner – Angela Cruz _____ _____ 84 85 Commissioner – Thomas Turkin _____ _____ 86 87 VOTE ______ 88 ATTEST: 89 90 _____________________________ 91 Maylee DeJesús, MMC Rebecca Shelton 92 City Clerk Mayor 93 94 APPROVED AS TO FORM: 95 (Corporate Seal) 96 97 98 Shawna G. Lamb 99 City Attorney 100 101 47 EXHIBIT “A” Sec. 8. Frequency, date of regular meetings; special meetings; rules of procedure. 1 (a) The Commission shall hold its meetings as the Commission deems necessary. Should any 2 scheduled City Commission meeting fall upon a date on which any national, state, county, or 3 municipal election is held, said City Commission meeting should be deferred until the next regular 4 working day. 5 (b) The Mayor, or any three (3) members of the City Commission, may call special meetings of 6 the City Commission, upon written notice to each member served personally or left at the usual 7 place of residence, or by electronic delivery to the member's designated email address. Notice of 8 all special meetings shall also be provided to the public in accordance with Chapter 286, Florida 9 Statutes. All regular and special meetings of the City Commission shall be open to the public. The 10 City Commission shall determine its own rules and order of business. 11 … 12 Sec. 20. General provisions. * 13 … 14 (b) Supervision by City Manager. Each department, office, and agency under the direction and 15 supervision of the City Manager shall be administered by an officer appointed by and subject to 16 the direction and supervision of the City Manager. With the consent of the Commission, the City 17 Manager may serve as the head of one or more such departments, offices, or agencies, or may 18 appoint one person as the head of two or more of them, or may combine the functions of any 19 offices specified in this Charter which may be appointed by him the City Manager. 20 … 21 Sec. 23. City Attorney---Duties. 22 The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, 23 and other instruments in writing in which the municipality is concerned, or shall endorse on each 24 his the City Attorney's approval of the form, language and execution thereof; and no contract with 25 the municipality shall be binding upon the municipality until his such approval is so endorsed 26 thereon. When required by the Commission, he the City Attorney shall prosecute and defend, for 27 and ion behalf of the City, all complaints, suits, and controversies in which the City is a party. He 28 The City Attorney shall furnish the Commission, or the City Clerk, his a written opinion on any 29 question of law relating to their respective powers and duties; and he the City Attorney shall 30 perform such other professional duties as may be required of him by ordinance or resolution of the 31 Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws 32 of the State, not inconsistent with this Charter. 33 48 EXHIBIT “A” Sec. 24. City Attorney---Compensation. 34 The City Commission may, from time to time, fix the regular compensation of the City Attorney 35 at a sum commensurate with the duties which may be imposed upon him upon the City Attorney 36 by this Charter and by the Commission; provided, that all special or unusual services required of 37 the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as 38 the Commission may see fit to provide. 39 … 40 Sec. 40. Call by City Commission, publication of proclamation; qualification of candidates, 41 filing by candidates with City Clerk; notification of Supervisor of Elections. 42 All general and special elections, unless otherwise provided in this Act Charter, shall be called by 43 resolution adopted by the City Commission, and in conformance with applicable state law, and 44 published in a newspaper of general circulation in the City of Boynton Beach, Florida, once a week 45 for two (2) consecutive weeks, and such election that may be held upon such notice shall be 46 provided in accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances. 47 Candidates for City Commission shall file such papers and pay such fees as may be required by 48 law with the City Clerk no sooner than noon on the second Tuesday of November nor later than 49 noon on the fourth Tuesday in November, of the year in which the election is to be held. The City 50 Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections 51 by 5:00 p.m. on the first Friday business day after the close of qualifying. 52 … 53 Sec. 50. Initiative petition of proposed ordinances---Required signatures, etc. 54 Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which 55 have been enacted but not yet effective, may be submitted to the City Commission by a petition, 56 signed by at least twenty-five percent of the total number of registered voters in the City. All 57 petitions circulated with respect to any proposed ordinance shall be uniform in character, shall 58 contain the proposed ordinance in full, and shall have printed or written thereon the names of five 59 electors who shall be officially regarded as filing the petition, and shall constitute a committee of 60 the petitioners for purposes hereinafter named. Each signer of the petition shall sign his their name 61 in ink or indelible pencil and shall place on the petition opposite his their name the date of his their 62 signature. The signatures of any such petition need not be appended to one paper, but to each such 63 paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such 64 part of the petition and that each signature appended to the paper is the genuine signature of the 65 person whose name it purports to be, and that it was made in the presence of the affiant on the date 66 indicated. 67 … 68 49 EXHIBIT “A” Sec. 52. Initiative Petition---Action of City Commission; referendum. 69 The City Commission shall at once proceed to consider such petition and shall take final action 70 thereon within thirty days after the date of submission. If the City Commission rejects any of the 71 provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause 72 notice of the filing of such petition and the refusal of the City Commission to pass said ordinance 73 to be published in a newspaper of general circulation published in the City of Boynton Beach to 74 be provided in accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances, 75 and the City Commission shall at once proceed to submit the passage of the ordinance to the 76 majority vote of the qualified electors of the City voting in such election. If a regular or special 77 election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance 78 shall be submitted to the voters at such election; otherwise, an election shall be called for such 79 submission. At least ten days before such election, the City Clerk shall cause to be published in a 80 newspaper of general circulation published in the city the text of the ordinance to be provided in 81 accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances. 82 Sec. 54. Initiative Petition---Form of referendum ballot. 83 Referendum elections shall be provided for in the same manner as other elections of the City. The 84 ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance 85 to be referred, below which shall be two lines in the following form: 86 ________________________________ 87 FOR THE ORDINANCE 88 ________________________________ 89 ________________________________ 90 AGAINST THE ORDINANCE 91 ________________________________ 92 The voter shall express himself themselves by placing a cross X mark to the right of the line 93 indicating his their desire in the matter. 94 Sec. 55. Initiative Petition---Vote required to amend or repeal. 95 Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, 96 but the proposition to amend or repeal such ordinances may be submitted to the voters in any 97 regular election of the City, provided that no later than fifteen thirty days before such election the 98 City Commission shall cause notice of such reference to be published in a newspaper of general 99 circulation published in the City of Boynton Beach, Florida notice of such referendum to be in 100 accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances, using only the 101 title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be 102 50 EXHIBIT “A” amended. Said notice to be posted in three public places if there be no newspaper published in the 103 City. 104 *This section is the subject of a separate charter referendum question. The language changes in the other charter referenda, if adopted, shall supersede the language in this section. 51 EXHIBIT B 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Charter ReviewCommittee Charter Amendment Proposals October 21, 2025 1 85 Introduction and Committee Organization At its first meeting, the Committee elected officers: Chair: Jerry Taylor Vice Chair: David Katz Members: Rev. Richard Dames, Dr. Phyllis T. Pacilli, Angela Troyanowski The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney's Office; and 3. Recommending any additional modifications necessary to improve the Charter's clarity, function, and responsiveness to the public interest. 2 86 3 87 4 88 Amendment 2: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 89 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment 3: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 6 90 The Committee reviewed eligibility criteria for City Commission service: •Residency Requirements:Based on the City Attorney's September2, 2025, memorandum, the Committee determined that residencyrequirements exceeding one year may raise constitutional concernsunder Equal Protection and Privileges and Immunities Clauses. TheCommittee recommended clarifying the existing one-year residencyprovision rather than extending it. •Age Requirements:Per the City Attorney's September 3, 2025,memorandum, the Committee considered raising age qualificationsbut concluded this could present constitutional risks. Afterdeliberation on adolescent brain development and fiscal maturityresearch, the Committee voted 3-1 to maintain the current agerequirement of 21 years. One member preferred raising it to 25based on brain development research, but the majority concludedthat 21 appropriately balances maturity considerations with voterchoice and constitutional principles. Residency and Age Requirements 7 91 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment 4: Charter Section 20 8 92 Amendment 5: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 9 93 The Committee also discussed: •Conducting Charter Reviews at least once every 10years; •Encouraging civic participation in Charter-relateddiscussions; •The importance of transparent public educationahead of any Charter referendum; and •The potential future development of a Code ofConduct for elected officials, though the Committeedetermined this matter could be more appropriatelyaddressed through ordinance rather than a Charteramendment. Additional Committee Observations 10 94 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 11 95 12 96 Questions? Charter Review Committee City of Boynton Beach 13 97 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 10/21/2025 Meeting Date: 10/21/2025 City Event Announcements Requested Action: Pirate Fest- October 25, 2025 and October 26, 2025 Explanation of Request: City staff will present each of their events. Budgeted Item: Yes Account Line Item and Description: Each item has different account line items. Fiscal Impact: These are budgeted events. Attachments: Pirate Fest Flyer 98 99 City of Boynton Beach Agenda Item Request Form 5.A Administrative 10/21/2025 Meeting Date: 10/21/2025 Community Support Funds. Requested Action: Approve Community Support Fund requests from Commissioner Cruz and Commissioner Kelley. How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: Community Support Funds: 001-1110-511-83-01- Commissioner Cruz 001-1110-511-83-04- Commissioner Kelley Fiscal Impact: This is a budgeted line item. Attachments: Young Men of Distinction, Inc..doc Young In Faith, LLC-Santaluces Community High School- Guery UIlysse.doc The Tree of Life Inc..doc Boynton Beach Bulldog Cheerleaders.doc 100 R15-055 R22-140 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC145774\@BCL@FC145774.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: October 21, 2025 Requested by Mayor/Commissioner: Commissioner Cruz______ _ _ Amount Requested: $500 ___ ____ ___ __ Recipient/Payee: Young Men of Distinction Description of project, program, or activity to be funded: Teaching our youth life skills that can promote a positive life-style and career choices. Mentoring held with some options that can work with the comfort level of many families. Social & emotional skills to teach your children or teens about social acceptable behavior. Lifelong learning happens when the child or teen is impacted by a positive approach in life._____________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $5,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 101 R15-055 R22-140 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@14176E77\@BCL@14176E77.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: October 21, 2025 Requested by Mayor/Commissioner: Commissioner Cruz______ _ _ Amount Requested: $1,000 ___ ____ ___ __ Recipient/Payee: Young in Faith, LLC Description of project, program, or activity to be funded: helps lead Young in Faith and its efforts in high schools in Boynton Beach to bring encouraging clubs and lunch discussions all year long that help students feel supported in making good decisions with their life even if they are surrounded with peer pressure to make bad decisions_____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $4,500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 102 R15-055 R22-140 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@0415F177\@BCL@0415F177.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: October 21, 2025 Requested by Mayor/Commissioner: Commissioner Cruz______ _ _ Amount Requested: $500 ___ ____ ___ __ Recipient/Payee: Tree of Life Description of project, program, or activity to be funded: At The Tree of Life, our mission is to connect single moms to Christ centered environments and help facilitate and educate on ways to break barriers and to be transformed by the renewing of our minds.__ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $3,500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 103 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: October 21, 2025 Requested by Mayor/Commissioner: Commissioner Kelley _________ Amount Requested: $675_________ ____________ Recipient/Payee: Boynton Beach Bulldog Cheerleaders Description of project, program, or activity to be funded: For the cheerleaders to be able to attend the Cheer Competition.______________________________________ ______________________________________________________________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $3,000. The balance of funds available for the requesting Member of the Commission is $3,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 104 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-275- Authorizing the Mayor to sign the Recreation and Parks Special Events Application to the Town of Ocean Ridge for Oceanfront Bark events. Requested Action: Staff recommends approval of Proposed Resolution No. R25-275. Explanation of Request: Recreation and Parks is requesting that the City Commission approve the Special Event Application to be submitted to the Town of Ocean Ridge that will allow the Recreation and Parks Department to hold its Oceanfront Bark events. How will this affect city programs or services? Support Services will be provided by Public Works and parking will be free at Oceanfront Park from 9:00 A.M. to 12:00 P.M. Budgeted Item: Yes Account Line Item and Description: 001-2710-572-49-17: Other Contractual Services. Fiscal Impact: Parking fees will be waived for the duration of the event from 9:00 A.M. to 12:00 P.M. Attachments: R25-275 Agenda_Item_3706- 2025_Resolution_for_Town_of_Ocean_Ridge_Special_Event_Permit.docx Exhibit A to Resolution - Oceanfront Bark 2025-26 Event Application.pdf 105 RESOLUTION NO. R25-275 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE CITY TO SUBMIT A SPECIAL 2 EVENT PERMIT APPLICATION TO THE TOWN OF OCEAN RIDGE FOR 3 OCEANFRONT BARK EVENTS; AND FOR ALL OTHER PURPOSES. 4 5 6 WHEREAS, the Recreation and Parks Department is requesting that the City Commission 7 approve the Special Event Application to be submitted to the Town of Ocean Ridge that will allow 8 the Recreation and Parks Department to hold its Oceanfront Bark events; and 9 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 10 best interests of the City's citizens and residents to authorize the City to submit a Special Event 11 Permit Application to the Town of Ocean Ridge for Oceanfront Bark events. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 14 BEACH, FLORIDA, THAT: 15 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 16 being true and correct and are hereby made a specific part of this Resolution upon adoption. 17 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 18 authorize the City to submit a Special Event Permit Application to the Town of Ocean Ridge for 19 Oceanfront Bark events, in form and substance similar to that attached as Exhibit A. 20 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 21 authorizes the Mayor to execute the Application. The Mayor is further authorized to execute any 22 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 23 SECTION 4. The Application shall be provided to Justin Johnson to submit to the Town 24 of Ocean Ridge. 25 SECTION 5. This Resolution shall take effect in accordance with the law. 26 27 [SIGNATURES ON THE FOLLOWING PAGE] 28 29 106 RESOLUTION NO. R25-275 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 Mayor – Rebecca Shelton _____ _____ 33 34 Vice Mayor – Woodrow L. Hay _____ _____ 35 36 Commissioner – Angela Cruz _____ _____ 37 38 Commissioner – Thomas Turkin _____ _____ 39 40 Commissioner – Aimee Kelley _____ _____ 41 42 VOTE ______ 43 ATTEST: 44 45 _____________________________ ______________________________ 46 Maylee De Jesús, MPA, MMC Rebecca Shelton 47 City Clerk Mayor 48 49 APPROVED AS TO FORM: 50 (Corporate Seal) 51 52 _______________________________ 53 Shawna G. Lamb 54 City Attorney 55 107 Special Event Permit Town of Ocean Ridge 6450 N. Ocean Blvd. Ocean Ridge, FL 33435 Phone: 561-732-2635 Fax: 561-737-8359 Email: info@oceanridge.gov Office Hours: Monday – Friday (8:30 AM – 3:00 PM) Closed on Federal Holidays 108 Effective: 1/09/2025 2 | P a g e Permitting Regulations (In accordance with Town Ordinances 30-160 to 30-167) Notes: Please initial each item below to confirm your understanding ______ The special event permit request must be submitted at least 60 days prior to the proposed scheduled event. ______ Application must be completed in full. ______ There is a $100 application fee. ______ Applications are not approved, nor permit granted, until applicant has received a “Letter of Approval”. ______ A minimum $1,000 refundable deposit, security bond or similar financial pledge, payable to the town shall be required. This deposit is to ensure that any damages to town property or rights-of-way are repaired and returned to previous condition. The only entity capable of waiving the fee is the Town Commission. ______ Unless extended by the Town Manager, all permits necessary to conduct the special event shall be obtained and copies provided to the Town at least 14 days prior to the scheduled event. Also, adequate provision for police, fire, and rescue services must be met as directed by the Chief of Police and Fire Chief or their designee. ______ The use or construction of platforms, bleachers, chairs or any other equipment or temporary structures may be prohibited, restricted, or otherwise controlled by the Town Manager. ______ Adequate off street parking must be provided for vehicles. ______The applicant may appeal any decision to the Town Commission. ______ The Town Manager may revoke a permit at any time if there are findings that the health or safety of public is threatened, in the event of an emergency, disorder or other unforeseen conditions which may arise. ______ Applicant will maintain area clean during and for the duration of the event. Special event area will be restored to previous condition after event has concluded. ______ A certificate of such insurance shall be filed with the town prior to the commencement of the site preparations for the special event, naming the town, its officers, employees and agents, as additional insureds, as their interests may appear, and agreeing not to cancel such insurance without 30 days' written notice to the town. ______ All permits for an event on state or county roads or property, the property of other municipalities, or impacting other cities, shall require submission of proper waivers or permit with the special event application by attachment. By signing below, I acknowledge that I fully read Town Code Sec. 30-160 to 30-167 in reference to Special Event procedure, understand, and agree to comply with all Town, State and Federal regulations. Applicant Signature: _________________________________________ Date: ___________ TOWN OF OCEAN RIDGE 109 Effective: 1/09/2025 3 | P a g e APPLICATION FOR SPECIAL EVENTS Section I Instructions for Applicants 1. Applicant must complete section II of this application. Application must be completed in its entirety and all information must be filled unless not applicable. 2. Attach the following to the application: a) Site plan (Drawing/ Sketch/ Photos), showing the site upon which you are proposing your special event, identifying parking areas, adjacent roadways, existing structures, proposed (temporary) structures/items, road closures, barricades/fences, signs, etc.; b) Attach Letter(s) of approval from all outside agencies: (Florida Department of Transportation (FDOT), Department of Environmental Protection (DEP), Boynton Beach, Manalapan, Environmental Resource Management (ERM), etc.) c) Copy of current insurance certification(s) with the Town of Ocean Ridge listed as “Additionally Insured” Section II Required Information A) Event Information Name of Event: __________________________________________________ Proposed Location(s) of event: Commission Chambers Community Room Other: ________________________________ (If “Other” selected, please list the full address. Please note, if Town Hall Facilities need to be used for your Special Event, then a Facility Use Agreement Application will need to be filled out as well.) Detailed Description of Event: Purpose of Event: ______________________________________________________________________ Has this event happened in the past? Yes No How many years? _________________ Estimated Number of Participants: ______________Estimated Number of vehicles: _________________ Duration of Event: One- Day Event Multi-Date Event Event Date and Hours Date Set-Up Time Start Time End Time Breakdown Time Are you proposing to use a state road? □ YES □ NO (FDOT permit or exemption attachment is required) Oceanfront Bark Oceanfront Park A City of Boynton Beach Recreation & Parks Department free community event where people can bring their dogs to a designated area of the beach from the hours of 9am -12pm. Dogs must be appropriately licensed and behaved. There will be 3 to 5 vendors. To allow people to being their dogs to the beach on these specific dates 7 50-100 50 x x 11/15/2025 7:00 am 9:00 am 12:00 pm 1:00 pm 12/20/2025 7:00 am 9:00 am 12:00 pm 1:00 pm 1-17-2026 &2-21-2026 7:00 am 9:00 am 12:00 pm 1:00 pm 110 Effective: 1/09/2025 4 | P a g e Will your event cause any road closure? □ YES □ NO Which roads will be closed: ______________________________________________________________ Road Closure Times Start End *For road closure events, applicant must provide FDOT approval or exemption to close A1A and a Management of Transportation (MOT) plan for any and all road closures. B) Organization(s) Producing Events Applicant’s Information Name of Coordinator: _____________________________________________________________ Cell Number: ____________________________ Email: __________________________________ Address: ________________________________________________________________________ City/State/Zip: ___________________________________________________________________ If applicant is not primary contact, please list the best contact below: Name: __________________________________________________________________________ Cell Number: ____________________________ Email: __________________________________ Address: ________________________________________________________________________ City/State/Zip: ___________________________________________________________________ If this event is tied to an Organization, please fill out the information below: Organization Name: _____________________________________________________________ Organization Address: ___________________________________________________________ Organization Email: _____________________________________________________________ C) Event Logistics Will music be provided? □YES □NO If yes, please fill out below: Live Band, DJ, Sound System? Start time: End time: Quantity of speakers: Does the proposed area include fencing of public property? □YES □NO Will food and/or beverages be served? □ YES □ NO Will alcoholic Beverages be served? □ YES □ NO *If yes, attach applicable permits from other regulatory agencies. Justin Johnson 561-302-0461 JohnsonJ@bbfl.us 100 E. Ocean Ave. Boynton Beach, FL 33435 City of Boynton Beach 100 E. Ocean Ave. 111 Effective: 1/09/2025 5 | P a g e Will a tent or temporary structure be erected? □ YES □ NO If yes, indicate the quantity of tents: _________________________ Are you proposing to place signs or erect banners? □ YES □ NO Quantity of signs: Size of Signs *Locations of signs need to be included on the site plan. Are other municipalities or government agencies impacted? □ YES □ NO If yes, attach relevant permits. D) Hold Harmless By submittal of this application, the applicant agrees to indemnify and save the town harmless, and to provide defense for the town, from any and all claims, suits, actions, damages, or causes of action arising out of or as a result of the special event or of the condition of the premises on which the special event is held, including those arising during the event itself, and those arising during its preparation and removal before and after the event, for any personal injury or loss of life, or damage to or loss of property, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against any attorney's fees and costs, including those at all appellate levels, incurred in and about the defense of any such claims, suits, actions, damages, or causes of action arising as a result of the act or omission of action of a town officer or employee in the scope of his or her employment or function with the town. E) SIGNATURE By signing below, I hereby certify that the information I have provided on this form is complete and accurate to the best of my knowledge. I further agree to comply with all Town, State and Federal regulations. I understand that failure to comply may lead to the cancellation of the event or denial of application, or revocation of this permit. Signature: ____________________________________________ Date: ______________________ Print Name: __________________________________________ Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization on this ________ day of _________________________, 20_______. NOTARY SEAL ___________________________________________ (Notary Signature) Personally Known or Type of Identification Produced:________________________ x 6 x 7 x (4) 24x36, (2) 24x24, (1) 12x24 112 Effective: 1/09/2025 6 | P a g e For Town Use Only Approvals: Chief of Police: __________________ ______________________________________________ Date Signature Public Works: __________________ ______________________________________________ Date Signature Town Clerk: __________________ ______________________________________________ Date Signature Town Manager: __________________ ______________________________________________ Date Signature Office Use Only _________________________________ ________________________________ Received By Date (Please Date Stamp) 113 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-276- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County. Requested Action: Staff recommends approval of Proposed Resolution No. R25-276. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City-contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30-day period. At the end of the 30-day notice from Financial Services, the Resolution is sent for recording with an administrative fee of $30. After the Resolution is recorded, the property owners will receive a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Allows the City to collect on services performed on properties within the City limits. Budgeted Item: Yes Account Line Item and Description: 001-0000-343.91-00 Revenue Account Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Attachments: R25-276 Agenda_Item_3731-2025_Resolution_for_nuisance_abatement_liens.docx Exhibit A to Resolution -Nuisance_Abatement_Cases_Exhibit_A (2) OCTOBER 21.pdf 114 RESOLUTION NO. R25-276 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ASSESSMENT 2 AND RECORDING OF NUISANCE ABATEMENT LIENS AGAINST 3 PROPERTIES IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 4 FLORIDA, WITHIN 60 DAYS AFTER ADOPTION OF THIS RESOLUTION; 5 AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, in accordance with the Municipal Lien Procedure on file in the City of Boynton 9 Beach, the attached list contains the addresses of properties cited by Community Standards for 10 nuisances abated by a City-contracted vendor; and 11 WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by 12 the Finance Department in an effort to recoup these costs with no response within the required 13 30-day period; and 14 WHEREAS, said nuisance was not abated as required; and 15 WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent letters 16 offering them an opportunity to remit payment within 30 days to avoid incurring a lien on their 17 property; and 18 WHEREAS, Community Standards has made a report of costs actually incurred by the City 19 and abatement of said nuisance as to the property(s) involved, which are described in Exhibit “A” 20 attached to this Resolution; and 21 WHEREAS, upon passage of this Resolution, the property owners will be furnished with a 22 copy of this Resolution and given one more opportunity to remit all costs associated with the 23 abatement in full within 30 days after the passage of this Resolution before transmittal to the 24 County for recordation of Liens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 115 RESOLUTION NO. R25-276 SECTION 2. The amount of costs incurred by the City and the abatement of the above-31 described nuisance as to the parcels of land owned and indicated, to wit: 32 SEE ATTACHED EXHIBIT “A” 33 The subject amount is hereby assessed as liens against said parcels of land as indicated, plus an 34 additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the 35 taxes therefrom for 2025 and shall be enforced and collected in like manner pursuant to applicable 36 law provisions. In the event collection proceedings are necessary, the property owner shall pay 37 all costs of the proceedings, including reasonable attorney’s fees. 38 SECTION 3. The City Clerk is authorized to record this Resolution in the public records 39 of Palm Beach County, Florida. 40 SECTION 4. This Resolution shall become effective as provided by law. 41 42 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 45 116 RESOLUTION NO. R25-276 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 117 October 2025 First Name Last Name Company Name Mailing Address PCN Nuisance Abatement Property Address Case# Invoice Invoiced Amount Amount Owed + $30 ANDREW AND COURTNEY KENNEDY 751 SW 3RD AVE 08-43-45-29-34-000-0020 751 SW 3RD AVE, BOYNTON BEACH , FL 33426 25-1585 #101397 $513.09 $543.09 WHITE CROWN GROUP LLC 700 S ROSEMARY AVE # 204 A30, WEST PALM BEACH, FL 33401 08-43-45-29-34-000-0030 741 SW 3RD AVE, BOYNTON BEACH, FL 33401 25-1583 #101396 $513.09 $543.09 GETA REAL ESTATE LLC 608 WEST ST , TACOMA, WA 98404 08-43-45-28-22-008-0450 301 SW 9TH AVE, BOYNTON BEACH, FL 33435 25-1578 #101395 $538.09 $568.09 118 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-277- Authorize the City's application for the 2026-27 EMS Matching Grant offered by the Florida Department of Health in the amount of $20,275.76, and if awarded, authorize the City to accept the Grant and execute all future documents associated with the grant. Requested Action: Staff recommends approval of Proposed Resolution No. R25-277. Explanation of Request: Section 401.113, Florida Statutes, gives the Florida Department of Health authority to dispense funds contained in the Emergency Medical Services (EMS) Trust Fund for matching, and rural grants. These grants are to improve and expand prehospital emergency medical services in the state. The Bureau of Emergency Medical Oversight, Grants Section, announced that EMS Matching Grant proposals for fiscal year 2026-27. Proposals will be accepted from August 1, 2025, through 11:59 pm EST, November 30, 2025. The City is submitting an application for funding for the 2026-27 EMS Matching Grant for the amount of $20,275.76 for the purchase of two LUCAS CPR devices. The requested grant funding for the project is up to $20,275.76 with a local match of approximately $20,275.76. How will this affect city programs or services? The City of Boynton Beach is committed to the safety of its residents and first responders. The purchase of CPR devices will enhance emergency response capabilities, improve patient outcomes during cardiac emergencies, and strengthen the Fire Department’s life-saving services. 119 Account Line Item and Description: Grant accounts. Fiscal Impact: The Ems Grant offered by the Florida Department of Health is expected to fund $20,275.76 (50%) of the total project. Attachments: R25-277 Agenda_Item_3803-2025_Resolution_for_EMS_Grant.docx Atachment 1- EMS Grant Application.pdf Atachment 2- EMS Grant Guidelines.pdf 120 RESOLUTION NO. R25-277 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE CITY’S APPLICATION FOR THE 2 2026-27 EMS MATCHING GRANT OFFERED BY THE FLORIDA 3 DEPARTMENT OF HEALTH IN THE AMOUNT OF $20,275.76, AND IF 4 AWARDED, AUTHORIZE THE CITY TO ACCEPT THE GRANT AND 5 EXECUTE ALL FUTURE DOCUMENTS ASSOCIATED WITH THE GRANT; 6 AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, Section 401.113, Florida Statutes, gives the Florida Department of Health 10 authority to dispense funds contained in the Emergency Medical Services (EMS) Trust Fund for 11 matching and rural grants. These grants are to improve and expand prehospital emergency 12 medical services in the state; and 13 WHEREAS, the Bureau of Emergency Medical Oversight, Grants Section, announced that 14 EMS Matching Grant proposals are being accepted for the fiscal year 2026-27. Proposals will be 15 accepted from August 1, 2025, through 11:59 pm EST on November 30, 2025; and 16 WHEREAS, the City is applying for funding for the 2026-27 EMS Matching Grant for the 17 amount of $20,275.76 for the purchase of two LUCAS CPR devices; and 18 WHEREAS, the requested grant funding for the project is up to $20,275.76 with a local 19 match of approximately $20,275.76; and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to authorize the City’s application for the 2026-22 27 EMS Matching Grant offered by the Florida Department of Health in the amount of $20,275.76 23 for FY 2025-2026, and if awarded, authorize the City to accept the Grant and execute all future 24 documents associated with the grant. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 authorize the City’s application for the 2026-27 EMS Matching Grant offered by the Florida 32 121 RESOLUTION NO. R25-277 Department of Health in the amount of $20,275.76 for FY 2025 -2026, and if awarded, authorize 33 the City to accept the Grant. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 35 authorize the Mayor to execute the Grant application, and if awarded, the Grant Agreement, and 36 any other document associated with applying for and accepting the Grant that does not otherwise 37 increase the financial obligations of the City, subject to the approval of the City Attorney’s Office. 38 SECTION 4. This Resolution shall take effect in accordance with the law. 39 40 41 [SIGNATURES ON THE FOLLOWING PAGE] 42 43 122 RESOLUTION NO. R25-277 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor – Rebecca Shelton _____ _____ 47 48 Vice Mayor – Woodrow L. Hay _____ _____ 49 50 Commissioner – Angela Cruz _____ _____ 51 52 Commissioner – Thomas Turkin _____ _____ 53 54 Commissioner – Aimee Kelley _____ _____ 55 56 VOTE ______ 57 ATTEST: 58 59 _____________________________ ______________________________ 60 Maylee De Jesús, MPA, MMC Rebecca Shelton 61 City Clerk Mayor 62 63 APPROVED AS TO FORM: 64 (Corporate Seal) 65 66 _______________________________ 67 Shawna G. Lamb 68 City Attorney 69 123 124 125 126 127 128 129 130 131 132 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 10/21/2025 Meeting Date: 10/21/2025 Commission Meeting Minutes. Requested Action: Approve minutes from the September 18, 2025 City Commission/CRA Joint Meeting, and the City Commission Meeting and Second Budget Hearing. Explanation of Request: The City Commission met on September 18, 2025 City Commission/CRA Joint Meeting, and the City Commission Meeting and Second Budget Hearing and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved, and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: September 18, 2025 City Commission and CRA Joint Meeting.docx September 18, 2025 City Commission Meeting and 2nd Budget Hearing Minutes.docx 133 Minutes of the City Commission/CRA Joint Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, September 18, 2025, at 6:30 P.M. Present: Chair Rebecca Shelton Tim Tack, Acting Executive Director Vice Chair Woodrow Hay Katherine Rossmell, Board Counsel Board Member Aimee Kelley Maylee De Jesús, City Clerk Board Member Thomas Turkin Board Member Angela Cruz 1. Call to Order Chair Shelton called the meeting to order at 5:30 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Board Member Kelley led the Pledge of Allegiance to the Flag. 4. Roll Call Maylee De Jesús, City Clerk, called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion: Board Member Turkin moved to approve the Agenda as amended. Board Member Cruz seconded the motion. The motion passed unanimously. 6. Legal There were none. 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Members had nothing to disclose. 134 City Commission/CRA Joint Meeting Boynton Beach, FL September 18, 2025 8. Public Comments Chair Shelton opened public comment. Cindy Falco DiCorrado stated that she was not aware of road work scheduled at 1 A.M. and said that there should have been notification. She described the building under construction on Ocean Avenue as a monstrosity and asked if discussion of the mural would take place now or later. Joanna Frasier asked if there were any plans for Northeast 10th Avenue. Chair Shelton asked Ms. Frasier to provide her contact information to staff. Elizabeth Rowe asked about the plan for the boat ramp and whether there would be a diff erent entrance. She inquired if drainage work would be completed at the end of Oak Street and noted that FPL cable lines were signed for, but questioned if they would be installed. She also raised concerns about parking, stating that some people pay to park in areas reserved for vehicles with trailers, and asked if this restriction could be reconsidered. There were no virtual comment. Chair Shelton closed public comment. 9. New Business A. Discussion and Consideration of a CRA Waterfront Plan Mr. Tack stated that the September 9, 2025, CRA Board Meeting, the Boynton Beach CRA Board requested a Special Joint Meeting of the CRA Board and the City of Boynton Beach Commission to discuss a CRA waterfront plan. Board Member Turkin stated the City Commission meeti ng would follow at 6:00 P.M., and requested dialogue to incorporate this item into the City’s Master Plan in coordination with the CRA. He said he was seeking consensus and suggested holding a community workshop. Board Member Kelley asked what typically occurs with public workshops. Mr. Tack explained the process and confirmed that items could be highlighted in the Master Plan. Board Member Kelley expressed support. Vice Chair Hay asked why this was the first time he had heard about the plan. Board Member Turkin responded that the City Commission had voted unanimously to review Economic Development and that this discussion was a formal follow-up. There was consensus to hold a community workshop. 135 City Commission/CRA Joint Meeting Boynton Beach, FL September 18, 2025 B. Discussion and Consideration of Commercial Industrial Development and Land Acquisition Planning Mr. Tack stated that at the September 9, 2025 CRA Board Meeting, the Board requested a Special Joint Meeting with the City Commission to discuss commercial and industrial development and land acquisition planning. Board Member Cruz stated that the CRA had received multiple land offers from residents and noted that land acquisition for parking structures was also under consideration. Board Member Turkin said the discussion should tie into the strategic and CRA plans. He noted contracts nearing completion, including one for Oak Street, and recommended a workshop to better coordinate with the City. Chair Shelton agreed that a workshop was needed to consolidate information. Deputy City Manager Mack asked when the workshop should be scheduled. Board Member Cruz suggested the end of the year. Mr. Tack recommended January or May. Board Member Turkin requested an earlier date given pending contracts. Board Member Kelley stated that the workshop should be held separately from a City Commission meeting and that staff should prepare discussion points. Vice Chair Hay requested a date before mid-November. Deputy City Manager Mack suggested Saturday, November 8. There was consensus to hold a joint workshop prior to mid-November, with staff to finalize the date and prepare discussion items. C. Discussion and Consideration of the City Procurement Policy Ms. Rossmell explained that the CRA operates under the City’s procurement policy and requested a waiver of one section of the policy. She asked if a waiver was possible. Andrew Rozwadowski, Procurement Division Director, confirmed it was. Ms. Rossmell stated that they had been searching for a headhunter for the Executive Director position since October 10, 2023 and had received only one individual and one corporate response. She requested a waiver from the procurement process to move forward. Board Member Kelley stated that a decision was needed soon. Motion: 136 City Commission/CRA Joint Meeting Boynton Beach, FL September 18, 2025 Board Member Kelley moved to waive the procurement process. Board Member Turkin seconded the motion. Board Member Cruz opposed waiving the process. She said she was not opposed to moving forward with a candidate but needed more time to review, noting 24 hours was not sufficien t. Board Member Turkin stated he took his due diligence seriously and emphasized the effort made in the search for an Executive Director. He noted the CRA had been seeking leadership for two years and that this was not a new issue. Ms. Rossmell described options available if the process was not waived. Board Member Kelley said a presentation could still be held but might not resolve the issue. Ms. Rossmell said the RFP could be reviewed that night or at the next meeting. Vice Chair Hay said he also received the material only recently and felt the process was being rushed. He said he was not ready to decide that night but would be prepared at the next meeting. Chair Shelton said the search had been open for two years but the appli cants lacked qualifications. Ms. Rossmell said the motion was premature, and Board Member Turkin withdrew the motion. Board Member Turkin reiterated his support for moving forward, calling it a great opportunity. Ms. Rossmell outlined available options. Board Member Kelley said she was comfortable giving members more time to review. Chair Shelton suggested the City Commission revisit the issue. Motion: Board Member Turkin moved to continue the RFP process, have the presentation on October 7th, and make a decision that night, and continue the discussions with the current candidate. Board Member Cruz seconded the motion. In a roll call vote, the motion passed unanimously. (4-0) D. Discussion and Consideration of the Executive Director Position Motion: Board Member Turkin moved to table Item 9D. Board Member Kelley seconded the motion. In a roll call vote, the motion passed unanimously. (4-0) 10. Future Agenda Items 137 City Commission/CRA Joint Meeting Boynton Beach, FL September 18, 2025 11. Adjournment There being no further business to discuss, the meeting was adjourned at 6:26 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 138 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, September 18, 2025, at 6:30 P.M. Present: Mayor Rebecca Shelton Andrew Mack, Deputy City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:36 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Vice Mayor Woodrow Hay. Commissioner Turkin asked for a moment of silence for Charlie Kirk. The invocation was given by Vice Mayor Hay. Pledge of Allegiance to the Flag led by Commissioner Kelley. The Pledge of Allegiance was led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion: Commissioner Kelley moved to approve the agenda. Commissioner Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she had a disclosure that she spoke to the PBA. Vice Mayor Hay reported that he attending the IEDC Conference, where both the CRA 139 City Commission Meeting Boynton Beach, FL September 18, 2025 2 and the City were recognized. Commissioner Kelley stated that she and Commissioner Cruz attended a Habitat for Humanity welcome home event for a local Veteran and said that it was a great event. Commissioner Turkin addressed the recent tragedy of the assassination of Char lie Kirk. He stated that a local school member compared Charlie Kirk to Adolf Hitler, which he said was unacceptable and better left unsaid. He commended those who put compassion before politics. B. Proposed Resolution No. R25-243- Authorizing the Annual Comprehensive Fee Schedule Rate Changes for Fiscal Year 2025-2026. Anthony Davidson, Deputy Finance Director, stated there were few changes from the previous year. He noted an increase in golf course memberships, adjustments to recreation and park refundable security deposits, a $1.50 increase in sanitation rates, and minor changes to compact dumpster rates. Vice Mayor Hay stated that he had visited the Links Golf Course recently and asked if a canvas could be added to the platform. Andrew Mack, Deputy City Manager, said that it was something that could be considered. Commissioner Turkin asked about parking fees near City Hall and referenced an error. Deputy City Manager Mack explained that with ongoing construction, his division released a plan before it was reviewed. He stated that the matter would return to the City Commission and confirmed that there were no parking charge changes at present. Commissioner Turkin also noted that the Harvey Oyer Park pass had been reduced. Motion: Vice Mayor Hay moved to approve Resolution No. R25-243. Commissioner Turkin seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R25-231- Authorizing the City Commission to set rates, fees, and charges for Water, Wastewater, Stormwater, and Reuse Water, for the upcoming Fiscal Year 2025-26 and adopting preliminary rates through 2028-2029. - (Tabled from 9/2) Dr. Poonam Kalkat, Utilities Director, stated that the City had worked with the rate consultant to assess needs and had reached the point where investment was necessary. She said that affordability was being considered and noted that programs were in place for residents needing assistance. She added that City rate s remained among the lowest in the County, and she commended Commissioners who had toured the plants, encouraging others to do so. 140 City Commission Meeting Boynton Beach, FL September 18, 2025 3 Mayor Shelton asked about an incident two weeks earlier. Dr. Kalkat explained that it was caused by a Delray Beach worker. Mayor Shelton stated that the City would work on improving emergency notifications for residents. Dr. Kalkat said that flyers and other processes were being developed for future communication. Vice Mayor Hay asked if the issue, which only affected areas east of I-95, was tied to the east water plant. Dr. Kalkat confirmed that it was related to the plant closest to the affected area. Motion: Commissioner Kelley moved to approve Resolution No. R25-231. Commissioner Cruz seconded the motion. The motion passed 4-1 with Commissioner Turkin dissenting. D. Public Hearing and Approval of Proposed Resolution No. R25 -244- A Resolution of the City of Boynton Beach, Florida Adopting a Final Millage Rate for the City's General Operating Fund for the Fiscal Year Beginning October 1, 2025, and Ending September 30, 2026, Providing that the Final Millage Rate of 7.7500 Mills is 5.06% Above the Rolled-Back Rate of 7.3764 Mills; Providing For Severability, Conflicts, and Providing an Effective Date. Public Hearing and Approval of Proposed Resolution No. R25-245- A Resolution of the City of Boynton Beach, Florida, Adopting a Final Budget for the Fiscal Year Beginning October 1, 2025, and Ending September 30, 2026; Providing for Severability, Conflicts, and an Effective Date. City Clerk De Jesús read the resolution titles into the record. Mayor Shelton passed the gavel to Vice Mayor Hay and departed the dais. Fabio Baca, Budget Division Director, stated that the only change was the millage rate previously decided by the City Commission. Commissioner Turkin said that he preferred reducing the rate further to 7.70 mills. Vice Mayor Hay opened public comment . Cindy Falco DiCorrado stated she agreed with Commissioner Turkin, noting her bills had increased and that the City could do better. 141 City Commission Meeting Boynton Beach, FL September 18, 2025 4 Mayor Shelton returned to the dais. Mayor Shelton closed public comment. Motion: Commissioner Cruz moved to approve Resolution No. R25-244 establishing a reduced millage rate of 7.75 mills (down from 7.8 mills). Commissioner Kelley seconded the motion. Mayor Shelton opened public comment for R25-245, no one came forth to speak, so she closed public comment. Motion: Commissioner Turkin moved approval of Resolution No. R25-245, adopting the final budget. Vice Mayor Hay seconded. The motion passed unanimously. 3. Announcements, Community and Special Events and Presentations A. Proclamation-Alzheimer's Awareness Month Commissioner Cruz read the proclamation into the record. Nina Sharpe thanked the Commission for raising awareness of Alzheimer’s and noted that the walk on November 22 at Dreher Park. Laura Sandler explained that the yellow flower represents caregivers, and the orange flower represents a world without Alzheimer’s. Stephanie Park said that the purple flower represents those who passed away, and the blue flower represents those living with the disease. Commissioner Cruz stated that she was passionate about the cause because her grandmother died of Alzheimer’s. 4. Public Audience Gary Fillwebber stated that he had a program for employers that would provide employee benefits and tax savings. He said that he would like to follow up and return to present further. David Katz spoke about the Senior Prom and said that it was a great event. He also commented on advisory board appointments and noted that some appointees were not City residents. Emily Ryan asked for an update on the plaza between Lake Street. 142 City Commission Meeting Boynton Beach, FL September 18, 2025 5 Dina Knight requested more information about annexation and its benefits. Susanne Calera also asked about annexation and stated that residents had concerns and wanted more information. Kathy Gross said that annexation would affect her significantly. She stated that property values would change with a zip code change and added that her intracoastal property would face higher millage rates. Steve Gallagher stated that he opposed annexation and said that residents had received no information. Cindy Falco DiCorrado stated that she lived in a single-family home outside an HOA and felt that they were being harassed. She said that Charlie Kirk was a shining star and suggested that a mural be created to honor him. Ernest Mignoli stated that his development was chaotic with crimes, and that residents could not get help from the City. He accused City employees of making deals with developers and raised concerns about drugs, violence, and gang association. 5. Administrative A. Advisory Board Appointments. Motion: Commissioner Kelley moved to untable the appointments to the Advisory Board Appointments, except for the Historic Resources Preservation Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Vice Mayor Hay asked if someone living outside the City could be appointed. City Attorney Lamb stated that waivers were available. Motion: Mayor Shelton moved to approve Robin Kurtzman as a Regular Member of the Art Advisory Board. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Kelley moved to approve Johanna Zehenter as an Alternate Member of the Art Advisory Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Vice Mayor Hay moved to table the appointment for the Regular Member of the Building Board of Adjustment and Appeals. Commissioner Turkin seconded the motion. The motion passed unanimously. 143 City Commission Meeting Boynton Beach, FL September 18, 2025 6 Motion: Vice Mayor Hay moved to approve Charlotte Novak as a Regular Member of the Senior Advisory Board. Commissioner Turkin seconded the motion. The motion passed unanimously. Motion: Mayor Shelton moved to approve Mark Stephenson as a Regular Member of the Senior Advisory Board. Commissioner Cruz seconded the motion. The motion passed unanimously. B. Community Support Funds. Commissioner Kelley spoke about her Community Support Funds and the Knox Box Program. Mayor Shelton mentioned her Community Support Funds. Vice Mayor Hay also spoke about his Community Support Funds. Motion: Commissioner Turkin moved to approve the Community Support Funds. Commissioner Cruz seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R25-246- Ratification of FY 25-26 CRA Budget. B. Proposed Resolution No. R25-247- Authorization to Reduce Allowance for Uncollectible Accounts and Accounts Receivable for FY2025 Write -Off Process. C. Proposed Resolution No. R25-248- Approval of Memorandum of Understanding (MOU) with Solid Waste Authority of Palm Beach County (SWA) for Authorization & Use of Debris Management Site. D. Proposed Resolution No. R25-249- Approving the Settlement Agreement and Full and Final General Release in the matter of Lawrence Michael Shramko v. City of Boynton Beach, et al., totaling $150,000. E. Proposed Resolution No. R25-250- Approve Interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding for the purchase and development of the property located at 670 Oaks Street. F. Proposed Resolution No. R25-251- Accept the Fiscal Year 2025-2026 State Aid to Libraries Grant from the State of Florida Department of Library in the amount of $37,844 and authorize the Mayor to execute all future documents 144 City Commission Meeting Boynton Beach, FL September 18, 2025 7 associated with the grant that do not increase the financial obligations of the City, subject to the approval of the City Attorney. G. Proposed Resolution No. R25-252- Authorize the City to apply to the 2026- 2027 Florida Recreation Development Assistance Program (FRDAP) by the Florida Department of Environmental Protection in the amount of $200,000 for renovations to hydro tennis courts, and if awarded, authorize the City to accept the Grant, and authorize the City Manager to execute all future documents associated with the grant that do not increase the City's financial obligations, subject to the approval of the City Attorney. H. Proposed Resolution No. R25-253- Approving a Joint Use Lease Agreement between the City and New Cingular Wireless PCS, LLC for Use of Property to Install Personal Wireless Services Facilities to replace the existing 320-foot public safety cell tower at 515 NW 14th Court with a new 325-foot public safety cell tower, and approving a Memorandum of Agreement between the City and New Cingular Wireless PCS, LLC. I. Proposed Resolution No. R25-254- Approve and ratify the Collective Bargaining Agreements between the Palm Beach County Police Benevolent Association Police Officers & Detectives and the City. Proposed Resolution No. R25-255- Approve and ratify the Collective Bargaining Agreements between the Palm Beach County Police Benevolent Association Police Sergeants and the City. Proposed Resolution No. R25-256- Approve and ratify the Collective Bargaining Agreements between the Palm Beach County Police Benevolent Association Police Captains and the City. J. Proposed Resolution No. R25-258- Approve the adoption of amended "Exhibit A" to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA for funding construction and professional services. K. FY2024-25 Financial/Budget Status Report for General Fund and Utility Fund Year-End at June, 2025. Motion: Commissioner Kelley moved to approve the Consent Agenda. Commissioner Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R25-257- Authorizing the City Manager to execute the renewal of the City's insurance policies for property, liability, automobile, and workers' compensation coverage with Preferred Governmental Insurance Trust (PGIT) through Insurance Broker Brown & Brown for the policy term beginning October 1, 2025, and ending September 30, 2026. 145 City Commission Meeting Boynton Beach, FL September 18, 2025 8 B. Proposed Resolution No. R25-259- Approve Task Order No. 01-2025STM with Murphy Pipeline Contractors, LLC to perform pre-chlorinated pipe bursting of potable water mains in Boynton Beach Leisureville for $949,894, with an additional 10% contingency in the amount of $94,989.40 for unforeseen conditions, for a total not to exceed amount of $1,044,883.40. Additionally, approve a budget transfer to allocate sufficient funding for this project. C. Proposed Resolution No. R25-260- Approving Amendment No. 2, a Limited Term Extension, to the Agreement between the City of Boynton Beach and Star Controls, Inc., for Supervisory Control and Data (SCADA) in an amount not to exceed $150,000. D. Proposed Resolution No. R25-261- Approving a Change Order to Purchase Order No. 251732, increasing the total amount payable from $81,931.52 to $139,222.10 for the purchase of three Lucas Chest Compression Systems from Stryker Medical ProCare Services. E. Proposed Resolution No. R25-262- Approve a Piggyback Agreement between the City and Waterfield Florida Staffing, LLC D/B/A Action Labor Management for School Crossing Guard Services and authorize the Mayor to execute any renewals without further commission approval for an annual expenditure of $450,000. F. Proposed Resolution No. R25-263- Approve revenue sharing lease agreement between City of Boynton Beach and FM Tennis LLC DBA FM T ennis Performance center to operate and manage the Boynton Beach Tennis and Pickleball center located at 3111 South Congress Avenue. G. Proposed Resolution No. R25-264- Ratify an increase of Annual Expenditure Authority for A & Associates Temporary Labor Services from $200,000 to $220,000 annually. H. Approve the annual expenditure and authorize the Mayor to sign the rene wal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for September 16, 2025 - "Request for Extensions and/or Piggybacks." Commissioner Cruz requested to pull Item 7B and requested an overview. Vice Mayor Hay requested to pull Item 7E. Commissioner Kelley requested to pull Item 7F. Motion: Commissioner Turkin moved to approve the remainder of Consent Bids and Purchases. 146 City Commission Meeting Boynton Beach, FL September 18, 2025 9 Commissioner Cruz seconded the motion. The motion passed unanimously. 7B. Proposed Resolution No. R25-259- Approve Task Order No. 01-2025STM with Murphy Pipeline Contractors, LLC to perform pre-chlorinated pipe bursting of potable water mains in Boynton Beach Leisureville for $949,894, with an additional 10% contingency in the amount of $94,989.40 for unforeseen conditions, for a total not to exceed amount of $1,044,883.40. Additionally, approve a budget transfer to allocate sufficient funding for this project. Dr. presented the Project Area. Motion: Commissioner Cruz moved to approve Resolution No. R25-258. Commissioner Turkin seconded the motion. The motion passed unanimously. 7E. Proposed Resolution No. R25-262- Approve a Piggyback Agreement between the City and Waterfield Florida Staffing, LLC D/B/A Action Labor Management for School Crossing Guard Services and authorize the Mayor to execute any renewals without further commission approval for an annual expenditure of $450,000. Vice Mayor Hay stated that the City had not forgotten about the crossing guards and expressed hope that recent changes would help attract additional staff. He said he was pleased with the improvements. Deputy City Manager Mack spoke about the piggyback arrangement and noted it would increase pay for crossing guards. Commissioner Turkin departed the dais at approximately 7:39 P.M. Motion: Vice Mayor Hay moved to approve Resolution No. R25 -262. Commissioner Cruz seconded the motion. The motion passed 4-0. Commissioner Turkin was absent from the dais. 7F. Proposed Resolution No. R25-263- Approve revenue sharing lease agreement between City of Boynton Beach and FM Tennis LLC DBA FM Tennis Performance center to operate and manage the Boynton Beach Tennis and Pickleball center located at 3111 South Congress Avenue. Commissioner Kelley asked about the benefits of the Tennis Center. Fabien Desrouleaux, Recreation and Parks Director, reviewed the following: Scope of Service; Key Terms; Financials; Next Steps; and Questions. Commissioner Kelley asked about future fees. 147 City Commission Meeting Boynton Beach, FL September 18, 2025 10 Commissioner Turkin returned to the dais at 7:48 P.M. Mr. Desrouleaux stated the fees would remain the same for now to keep the program affordable Motion: Commissioner Kelley moved to approve Resolution No. R25-263. Commissioner Turkin seconded the motion. The motion passed unanimously. 8. Public Hearing City Clerk De Jesús swore in those intending to speak. A. Proposed Ordinance No. 25-023- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III “Land Development Regulations,” Chapter 1 “General Administration,” Article II “Definitions”; and amending Chapter 3 “Zoning,” Article IV (4) “Use Regulations,” Section 3 “Use Regulations”; to allow accessory residential agricultural uses in R-1-AAB on properties larger than .90 acres; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. City Clerk De Jesús read the title into the record. Amanda Radigan, Planning and Development Director, presented CDRV 28-008 and provided recommendations. Commissioner Kelley asked for clarification and stated that this was to retain property rights. Ms. Radigan confirmed and said that it would allow one of the annexation properties to retain those rights. Motion: Commissioner Turkin moved to approve Ordinance No. 25-023 on First Reading. Commissioner Cruz seconded the motion. In a Roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-019- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 4.61 Acres of Unincorporated Territory Into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective 148 City Commission Meeting Boynton Beach, FL September 18, 2025 11 Date. Mayor Shelton stated that Items 8B-F would be heard together. City Clerk De Jesús read the titles of Items 8B–F into the record. Mayor Shelton stated that regarding Items 8B, C, D, E, and F, she had not had any ex- parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Turkin stated that regarding Items 8B, C, D, E, and F, he had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley stated that regarding Items 8B, C, D, E, and F, she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Hay stated that regarding Items 8B, C, D, E, and F, he had not had any ex- parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz stated that regarding Items 8B, C, D, E, and F, she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Ms. Radigan presented information on Bamboo Lane, including maps, comparisons, one property on septic, proposed FLUM amendments and rezoning, commercial and residential property designations, and staff recommendations. She also addressed millage rates. Vice Mayor Hay asked how the proposal would affect population. Ms. Radigan stated that there were about 15 parcels but no headcount. Commissioner Turkin noted the City’s Police coverage per square mile and asked if 149 City Commission Meeting Boynton Beach, FL September 18, 2025 12 residents would continue paying the library assessment. Ms. Radigan confirmed that they would not. Commissioner Turkin said that this meant residents would pay less overall. Ms. Radigan stated that it depended on homestead status, noting that the City was roughly even with the County. Vice Mayor Hay said that it seemed like a win-win, emphasizing public safety. Commissioner Kelley noted resident concerns about losing homestead exemptions. Ms. Radigan confirmed that exemptions transfer and services would switch immediately. Commissioner Cruz asked how many properties were on septic. Ms. Radigan stated that all but one were on City sewer. She said that Utilities had spoken with the remaining property owner, and conversion would be costly. Commissioner Cruz asked for a plan moving forward for any properties on septic. Ms. Radigan said that Utilities was already pursuing conversions outside annexation. Dr. Kalkat added that Utilities worked with all septic properties in their service area, though grants to offset costs were difficult to obtain. Commissioner Cruz asked about a lift station and requested a plan of action. Dr. Kalkat confirmed that there is a lift station already there, and spoke about commitment to septic conversions, coordination with the County, and noted environmental issues. Mayor Shelton opened public comment. Kathy Gross stated that she owned the property on septic and mentioned that she was seeking quotes for City connection, and had not received assistance. Steve Gallagher stated that he opposed annexation, claimed residents were forced to sign paperwork and threatened with water shutoffs, and said that their system was downhill from sewer lines, with no benefit. Suzanne Calvera asked why the annexation was considered voluntary rather than involuntary. Mario DeStefanos asked about the purpose of annexation if a new firehouse would be closer and questioned the use of such information as benefits. 150 City Commission Meeting Boynton Beach, FL September 18, 2025 13 Mayor Shelton closed public comment. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-019 on First Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 25-024- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County’s Commercial High with an underlying MR-5 (CH/5) to City of Boynton Beach’s Low Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Commissioner Kelley moved to approve Ordinance No. 25-024 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 25-025- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02 -013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County’s General Commercial (CG) to City of Boynton Beach’s Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-025 on First Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. E. Proposed Ordinance No. 25-026- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinan ce No. 89-38 by amending the future land use map of the City of Boynton Beach, 151 City Commission Meeting Boynton Beach, FL September 18, 2025 14 Florida, for a parcel of real property by changing the future land use classification from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach’s Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment. Kathy Gross spoke about being able to change her property and the land use. Mayor Shelton closed public comment. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-026 on First Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. F. Proposed Ordinance No. 25-027- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02 -013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County’s Multi-Family Residential (RM) to City of Boynton Beach’s Two -Family Residential District (R-2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Ms. Radigan clarified the rezoning. Motion: Commissioner Turkin moved to approve Ordinance No. 25-027 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. G. Proposed Ordinance No. 25-020- First Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 27.97 Acres of Unincorporated Territory into the Corporate Limits of the City pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with 152 City Commission Meeting Boynton Beach, FL September 18, 2025 15 the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Mayor Shelton stated that Items 8G-K would be heard together. City Clerk De Jesús read the titles of Items 8G–K into the record. Commissioner Cruz stated that regarding Items 8G, H, I, J, and K, she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Hay stated that regarding Items 8G, H, I, J, and K, he had not had any ex- parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Shelton stated that regarding Items 8G, H, I, J, and K, she had not had any ex - parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley stated that regarding Items 8G, H, I, J, and K, she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Turkin stated that regarding Items 8G, H, I, J, and K, he had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Planning and Development Director Amanda Radigan presented the Palmyra Annexation, including the location map, contiguity map, annexation background, comparisons, proposed FLUM amendments and rezoning, current land use of MR -5 under Palm Beach County, proposed land use of LDR under the City of Boynton Beach, current and proposed zoning, and staff recommendations. Mayor Shelton opened public comment. Suzanne Calvera stated that property taxes would increase because the City’s millage 153 City Commission Meeting Boynton Beach, FL September 18, 2025 16 rate is higher. She said that services from the County are adequate, that the City’s services would be spread thin with new areas, and that she does not see any benefits. Dana Knights stated that there are pros and cons on both sides. She requested a clear and transparent transition plan be delivered to residents and said more information is needed. Mayor Shelton closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-020 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. H. Proposed Ordinance No. 25-028- First Reading, An Ordinance of the City Commission of the City of Boynton Beach , Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 27.04 acre parcel of real property by changing the future land use classification from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR -5) to City of Boynton Beach’s Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-028 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. I. Proposed Ordinance No. 25-029- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02 -013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County’s Multi-Family Residential (RM) to City of Boynton Beach’s Two -Family Residential District (R-2); declaring the proposed amendment to be consistent with the comprehensive plan of the city; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. 154 City Commission Meeting Boynton Beach, FL September 18, 2025 17 Motion: Commissioner Turkin moved to approve Ordinance No. 25-029 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. J. Proposed Ordinance No. 25-030- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 0.93 acre parcel of real property by changing the future land use classification from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach’s Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-030 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. K. Proposed Ordinance No. 25-031- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02 -013 to rezone an approximately 0.93 acre parcel of real property from Palm Beach County’s Agricultural Residential (AR) to City of Boynton Beach’s Single Family Residential District (R-1-AAB); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment. Joe Calvera joined virtually and was sworn in. He stated that he was opposed to the annexation of their neighborhood. He said there were no benefits to joining the City and that residents should be allowed to vote on the matter. Mayor Shelton closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-031 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. Commissioner Kelley clarified for the record that she walks by the neighborhood every day and was confused as to why it had not been part of the City earlier. She said that she was happy to speak with anyone who had concerns. 155 City Commission Meeting Boynton Beach, FL September 18, 2025 18 9. City Manager’s Report There was no City Manager’s Report. 10. Regular Agenda None. 11. Future Agenda Items A. Discussion regarding creating a beautification board. - TBD Requested by Commissioner Turkin. B. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. C. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. D. Discussion in regards to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. E. Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. Requested by Vice Mayor Hay. F. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. G. Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD. Requested by Commissioner Thomas Turkin. H. Update on the City's Strategic Planning efforts. - TBD Update requested by Commission Woodrow Hay. I. Discussion regarding bulk trash pickup. - TBD Discussion requested by Commissioner Angela Cruz. J. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. – TBD. Requested by Commissioner Cruz. K. Follow-up report on the State of Florida DOGE request.- TBD. Staff will provide 156 City Commission Meeting Boynton Beach, FL September 18, 2025 19 an update to the City Commission regarding the State of Florida DOGE request. L. Discussion regarding having a Legislative Action workshop by the Commission. -TBD. Requested by Commissioner Turkin. 12. Adjournment Motion: Commissioner Turkin moved to Adjourn. Vice Mayor Hay seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting is adjourned at 9:00 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 157 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 10/21/2025 Meeting Date: 10/21/2025 Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for October 21, 2025 - " Request for Extensions and/or Piggybacks." Requested Action: Staff recommends approval of this expenditure and execution of renewal amendments. 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 a result of formal solicitations; and to piggyback governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewal amendments and the anticipated expenditure by reducing the paperwork of processing each renewal amendment and/or extension individually and summarizing the information in Exhibit A (as required). VENDOR (S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT East Coast Mulch Mulch Piggyback SE Florida Governmental Purchasing Cooperative Group Bid No E- 28-23 COBB No. PW24- 016 September 26, 2025 - September 25, 2026 Annual Estimated Expenditure $150,000 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. Budgeted Item: Yes 158 Account Line Item and Description: See attached Bid and Piggyback Report - Exhibit A. Fiscal Impact: Funds have been budgeted under line items and noted in the attached Exhibit A. Attachments: Amendment Request for Bid Extensions - October 21 2025 Report - Exhibit A.docx E-28-23 - East Coast Mulch - Mulch-Renewal -2 Co-op Package 2.7% Increase Mulch Agenda Item - 11-7-2023.pdf E-28-23_Renewal_-1_East_Coast_Mulch.pdf E-28-23_Tabulation_Renewal-1. Mulch Commission Agenda - September 23 2024.pdf 159 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 October 21, 2025 REQUESTING DEPARTMENT: PUBLIC WORKS – PARKS & GROUNDS DEPARTMENT CONTACT: Maurice Permenter TERM: September 26, 2025, to September 25, 2026 SOURCE FOR PURCHASE: City Piggyback off SE FL Governmental Purchasing Cooperative Group - Lead Agency City of Pompano Beach Bid No E-28-23 – City of Boynton Beach No. PG24- 016 ACCOUNT NUMBER(S): 001-2730-572.46-98 VENDOR(S): East Coast Mulch ANNUAL ESTIMATE: $100,000 DESCRIPTION: On November 7, 2023, City Commission approved the annual expenditure for East Coast Mulch based on the SE Governmental Purchasing Cooperative Group Contract No. E-28-23 for East Coast Mulch for parks, medians, playgrounds, and various city buildings/facilities. The initial bid term was for one (1) year with four (4) additional one-year renewal options. This will be the 2nd renewal. The vendor has agreed to renew for a one-year renewal from September 26, 2025, through September 25, 2026. 160 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to info@nigpsefl.org for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. ___________________________________________________________________________________ Description/Title: _______________________________________________________________________________ Initial Contract Term: Start Date: ______________________ End Date: _________________ Renewal Terms of the Contract: ______________________ Renewal Options for ________________ (No. of Renewals) (Period of Time) Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ ____________________________________________________________________ SECTION #1 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ 161 PAGE 2 OF 2 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ ____________________________________________________________________ SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: ______________ Resolution/Agenda Item No.: ________________ Insurance Required: Yes __________ No _____________ Performance Bond Required: Yes __________ No _____________ ____________________________________________________________________ SECTION #3 LEAD AGENCY Agency Name: __________________________________________________________________ Agency Address: _____________________________________________________________________ Agency Contact: __________________________ Email___________________________________ Telephone: __________________________ Fax: ____________________________________ 162 p mpano alllbeach� Florida's. Warmest Welcome July 29, 2025 City of Pompano Beach, Purchasing Division 1010 N.E. 3rd Avenue Pompano Beach, Florida, 33060 George Henry, Director of Operations East Coast Mulch PO Box 1352 Jupiter, Florida 33468 Via Email: rcmr@comcast.net and Facsimile: (561) 277-9491 Dear Mr. Henry, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the Renewal 1 prices, terms, and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew, you must return this form to the Purchasing Division (fax 954-786-4168) by August 4, 2025. Thank you for your cooperation in this matter. Call me if you have any questions at (954) 786 -4099. This renewal will be for one year from September 26, 2025, to September 25, 2026. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: file / I hereby agree to a one-year extension of the subject contract. LL\ Q..,�T \ f'\C�Q�. Q� CLt:t-��d .e-year extension of the subject contract. • J-?i.)� aO;;)CjDate 163 D.Basis of Award Bidders may bid on any or all items. The primary Contract award will be made to the lowest responsive and responsible Bidder per item or per geographic group, or both, whichever is in the best interest of the City and Cooperative. The three geographic groups are Broward, Miami-Dade, and Palm Beach Counties. Alternate awards will be made to the other responsive and responsible Bidders per item or per geographic group, or both, to provide the City and Cooperative a source of supply should the primary contractor be unable to supply product when required. The City reserves the right to award by item with or without geographic group distinction. It is anticipated that most orders will be placed with the primary awardee for each item to achieve the lowest cost to the City and Cooperative. E.Pricing F. All prices bid shall be F.O.B. destination/delivered to each location, as specified on the individual order. Cost Adjustment Following the initial twelve (12) month period, the fixed prices may be adjusted upward or downward on a yearly basis to prices based on changes in the following pricing index: Consumer Price Index (CPI), starting within most recent twelve (12) month period. It is the Contractor's responsibility to request any pricing adjustment under this provision. Adjustments to pricing bid for ITB E-28-23 pages 23 through 29 will be considered yearly on the Contract commencement anniversary date. For any adjustment to be considered, the Contractor's request for adjustment shall be submitted no less than ninety (90)calendar days prior to the anniversary date. The Contractor's adjustment request must not be in the excess of the relevant documented price indexes. Any adjustment received after ninety (90) calendar days from the anniversary date may not be considered. The City reserves the right to negotiate lower pricing based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional twelve (12) month period based on the downward movement of the applicable index. It shall be further understood that the City reserves the right to reject any price adjustments submitted by the Contractor and/or to terminate the Contract with the Contractor based on such price adjustments. Any agreed upon increase shall not exceed 5% annually. The Contractors' price shall be inclusive of all costs, charges, and fees involved in providing the specified product. Additional charges of any kind added to the invoice submitted by the Contractor is prohibited Page 3 of29 164 Go gle - Al Mo e All News Images Short videos Shopping Videos Forums Web Ma +A Overview The ost recent Consumer Price Index (CPI) data, for June 2025, indicates a 2.7'¾ increas . This is up from a 2.4% increase for the 12 months ending in May. The CPI for all items less food and nergy rose by 2.9% over the past 12 months, while shelter prices incr ased by 3.8%. 0 Bureau of Labor Statistics (.gov) https://www.bis.gov Show more v Con umer Price Index Summary -2025 M06 Results The a I items index rose 2.7 percent for the 12 months ending June, after rising 2.4 percent over the 12 mont s ending May. The all items less food and energy ... U.. city average, by CPI supplemental files page Wha is the CPI forecast for 2025? Wha is the CPI for June 2025? U.S. city average, by detailed ... V V https://ww .google.com/search?q=current+cpi+2025&client=sa ... A&sclient=mobile-gws-wiz-hp&sei=Pz-KaliGN4-KwbkPqKanqQo 7/30/25, 11: 50 AM Page 1 of 6 165 Florida's Warn1est Welcome June 6, 2024 Harvey Schneider, Manager FWR, LLC 9651 NW 89th Avenue Medley, FL 33178 City of Pompano Beach, Purchasing Division 1010 N.E. 3rd Avenue Pompano Beach, Florida, 33060 Via Facsimile: (305) 805-0034 and Email: harveyfloridawood@gmail.com Dear Mr. Schneider, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the original bid prices, terms, and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew, you must return this form to the Purchasing Division (fax 954-786-4168) by August 4, 2025. Thank you for your cooperation in this matter. Call me if you have any questions at (954) 786 -4099. This renewal will be for one year from September 26, 2025, to September 25, 2026. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: file a one-year extension of the subject contract. 7/�o /is' Date 166 City of Pompano Beach, Purchasing Division 1010 N.E. 3rd Avenue Pompano Beach, Florida, 33060 July 24, 2025 Danielle Rhoden, President IAMWHOIAM, LLC 425 SE 1st Street, # 1001 Pompano Beach, FL 33060 Via Email iamwhoiamcompany@gmail.com Dear Ms. Rhoden, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the original bid prices, terms, and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew, you must return this form to the Purchasing Division (fax 954-786-4168) by August 4, 2025. Thank you for your cooperation in this matter. Call me if you have any questions at (954) 786 - 4099. This renewal will be for one year from September 26, 2025, to September 25, 2026. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: file _____ I hereby agree to a one-year extension of the subject contract. _____ I am unable to provide a one-year extension of the subject contract. _______________________________ __________________ Signature Date _______________________________ Name (print) 167 Event Number E-28-23 Event Title MULCH Event Type ITB Issue Date 9/8/2023 12:32:19 AM (ET) Close Date 9/14/2023 02:00:00 PM (ET) Responding Supplier City State Response Submitted Lines Responded FWR,LLC Medley FL 9/14/2023 01:41:58 PM (ET)17 East Coast Mulch Jupiter FL 9/13/2023 11:03:10 AM (ET)* Advanced Mulch, Inc.Palm Beach Gardens FL 9/13/2023 12:30:11 PM (ET)** IAMWHOIAM, LLC Pompano Beach FL 9/14/2023 01:44:19 PM (ET)33 *Pursuant to E-28-23 Section F - Cost Adjustment, a 2.7% price increase from 2025 to 2026 was permitted, as the year-on-year CPI was 2.7%. **Advanced Mulch declined to renew. 168 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 1 Group 1: Broward County 1 EA 1.1 Item A: Mulch, bulk, delivered, red 2507 CY 30.00 $75,210.00 $28.56 $71,599.92 ****$35.50 $88,998.50 1.2 Item B: Mulch, bulk, delivered, brown 5650 CY 30.00 $169,500.00 $28.56 $161,364.00 ****$35.50 $200,575.00 1.3 Item C: Mulch, bulk, delivered, gold 168 CY 31.80 $5,342.40 $34.91 $5,864.88 ****$35.50 $5,964.00 1.4 Item E: Mulch, bagged, delivered, red 17000 bags 2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 1.5 Item F: Mulch, bagged, delivered, brown 6040 bags 2.50 $15,100.00 No Bid No Bid $3.35 $20,234.00 1.6 Item G: Mulch, bagged, delivered, gold 3000 bags 2.50 $7,500.00 No Bid No Bid $3.35 $10,050.00 1.7 Item H: Mulch, bagged, delivered, Melaleuca 21270 bags No Bid No Bid No Bid $3.35 $71,254.50 1.8 Item I: Mulch, rubber, bagged, delivered, supersacks 30 each No Bid No Bid No Bid $1,000.00 $30,000.00 1.9 Item J: Engineered wood fiber, bulk, installed per cubic yards 6580 CY No Bid $50.77 $334,066.60 No Bid $152.50 $1,003,450.00 1.10 Item K: Playground safety wood chips, bulk, installed per cubic yards 6020 cy No Bid No Bid ****$152.50 $918,050.00 1.11 Item L: mulch, bulk, installed, red, per cubic yard 20020 CY No Bid $31.73 $635,234.60 ****$105.00 $2,102,100.00 1.12 Item M: mulch, bulk, installed, brown, per cubic yard 5400 CY No Bid $31.73 $171,342.00 ****$105.00 $567,000.00 1.13 Item N: mulch, bulk, installed, gold, per cubic yard 2550 CY No Bid $31.73 $80,911.50 ****$105.00 $267,750.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 2.7% price increase from 2025 to 2026 was permitted, as the year-on-year CPI was 2.7%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 169 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 2 Group 2: Miami-Dade County 1 EA 2.1 Item A: Mulch, bulk, delivered, red 100 CY $30.00 $3,000.00 $37.02 $3,702.00 No Bid $35.50 $3,550.00 2.2 Item B: Mulch, bulk, delivered, brown 900 CY $30.00 $27,000.00 $37.02 $33,318.00 No Bid $35.50 $31,950.00 2.3 Item C: Mulch, bulk, delivered, gold 100 CY $30.00 $3,000.00 $44.43 $4,443.00 No Bid $35.50 $3,550.00 2.4 Item D: Mulch, bulk, delivered, Melaleuca 4066 CY No Bid $37.02 $150,523.32 No Bid $40.50 $164,673.00 2.5 Item E: Mulch, bagged, delivered, red 17000 bags $2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 2.6 Item F: Mulch, bagged, delivered, brown 8440 bags $2.50 $21,100.00 No Bid No Bid $3.35 $28,274.00 2.7 Item G: Mulch, bagged, delivered, gold 1000 bags $2.50 $2,500.00 No Bid No Bid $3.35 $3,350.00 2.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 550 cy No Bid $79.34 $43,637.00 ****$155.00 $85,250.00 2.9 Item M: mulch, bulk, installed, brown, per cubic yard 500 CY No Bid $74.05 $37,025.00 No Bid $105.00 $52,500.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 2.7% price increase from 2025 to 2026 was permitted, as the year-on-year CPI was 2.7%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC IAMWHOIAM, LLC **Advanced Mulch declined to renew. 170 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 3 Group 3: Palm Beach County 1 EA 3.1 Item A: Mulch, bulk, delivered, red 11300 CY $32.00 $361,600.00 $28.56 $322,728.00 ****$35.50 $401,150.00 3.2 Item B: Mulch, bulk, delivered, brown 800 CY $32.00 $25,600.00 $28.56 $22,848.00 ****$35.50 $28,400.00 3.3 Item C: Mulch, bulk, delivered, gold 15000 CY $32.00 $480,000.00 $37.02 $555,300.00 ****$35.50 $532,500.00 3.4 Item D: Mulch, bulk, delivered, Melaleuca 1000 CY No Bid $28.56 $28,560.00 No Bid $40.50 $40,500.00 3.5 Item E: Mulch, bagged, delivered, red 1660 bags $2.70 $4,482.00 No Bid No Bid $3.35 $5,561.00 3.6 Item F: Mulch, bagged, delivered, brown 2160 bags $2.70 $5,832.00 No Bid No Bid $3.35 $7,236.00 3.7 Item J: Engineered wood fiber, bulk, installed per cubic yard 5700 CY No Bid $50.77 $289,389.00 No Bid $155.00 $883,500.00 3.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 800 cy No Bid No Bid ****$155.00 $124,000.00 3.9 Item L: mulch, bulk, installed, red, per cubic yard 5000 cy No Bid $31.73 $158,650.00 ****$102.50 $512,500.00 3.10 Item M: mulch, bulk, installed, brown, per cubic yard 1500 CY No Bid $31.73 $47,595.00 ****$105.00 $157,500.00 3.11 Item N: mulch, bulk, installed, gold, per cubic yard 50 CY No Bid $40.20 $2,010.00 ****$105.00 $5,250.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 2.7% price increase from 2025 to 2026 was permitted, as the year-on-year CPI was 2.7%. FWR,LLC East Coast Mulch*Advanced Mulch Inc**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 171 Lines Attribute Name FWR,LLC East Coast Mulch*Advanced Mulch, Inc.IAMWHOIAM, LLC 1 Delivery Time After Receipt of Order 10 4 7 3 2 Additional Items at Awarded Contract Price 90 4 7 60 3 Extension of prices, terms and conditions to other governmental entities Yes Yes Yes Yes 4 Conflict of Interest No No No No 5 Drug-Free Workplace Yes Yes Yes Yes 6 Vendor Certification Regarding Scrutinized Companies Lists (Any Dollor Amount)Certified Certified Certified Certified 7 Acknowledgement of Addenda Yes Yes Yes Yes 8 Terms & Conditions Agree Agree Agree Agree 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 100 yard min 60 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards **Advanced Mulch declined to renew. *Pursuant to E-28-23 Section F - Cost Adjustment, a 2.7% price increase from 2025 to 2026 was permitted, as the year-on-year CPI was 2.7%. 172 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to info@nigpsefl.org for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. ___________________________________________________________________________________ Description/Title: _______________________________________________________________________________ Initial Contract Term: Start Date: ______________________ End Date: _________________ Renewal Terms of the Contract: ______________________ Renewal Options for ________________ (No. of Renewals) (Period of Time) Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ ____________________________________________________________________ SECTION #1 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ 173 PAGE 2 OF 2 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ ____________________________________________________________________ SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: ______________ Resolution/Agenda Item No.: ________________ Insurance Required: Yes __________ No _____________ Performance Bond Required: Yes __________ No _____________ ____________________________________________________________________ SECTION #3 LEAD AGENCY Agency Name: __________________________________________________________________ Agency Address: _____________________________________________________________________ Agency Contact: __________________________ Email___________________________________ Telephone: __________________________ Fax: ____________________________________ 174 mpano beach Florida's Warmest Welcome June 6, 2024 Dawn Corrado, Vice President Advanced Mulch, Inc. PO Box 32943 City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 Palm Beach Gardens, Florida 33420 Via Email: dawncorrado@advancedmulch.com and Facsimile: (561) 733-4115 Dear Ms. Corrado, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the original bid prices, terms and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew you must return this form to the Purchasing Division (fax 954-786-4168) by June 20, 2024. Thank you for your cooperation in this matter. Call me if you have any questions at (954)786-4098. This renewal will be for one year from September 26, 2024 to September 25, 2025. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: file __ 1 h a ree to a ·extension of the subject contract. a one-year extension of the subject contract. --.--II-��� , /. ---"-u----1-· L--1---1-v, t. 175 p·: ·mpano . beach� Florida's Warmest Welcome June 6, 2024 City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 George Henry, Director of Operations East Coast Mulch PO Box 1352 Jupiter, Florida 33468 Via Email: rcmr@comcast.net and Facsimile: f561) 277 9"491 Dear Mr. Henry, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the original bid prices, terms and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew you must return this form to the Purchasing Division (fax 954-786-4168) by June 20, 2024. Thank you for your cooperation in this matter. Call me if you have any questions at (954) 786-4098. This renewal will be for one year from September 26, 2024 to September 25, 2025. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: file __ , -I hereby agree to a one-year extension of the subject contract� \i)� Q._ � T . \ nc.. \"Ca:sc -ne-year extension of the subject contract l I ?:>o/ 0 {� G ���-'----=---\.,,,,,c_· · Lo _ \\ _ � A ·rrClcitl!) . Date ,.-) 176 D.Basis of Award Bidders may bid on any or all items. The primary Contract award will be made to the lowest responsive and responsible Bidder per item or per geographic group, or both, whichever is in the best interest of the City and Cooperative. The three geographic groups are Broward, Miami-Dade, and Palm Beach Counties. Alternate awards will be made to the other responsive and responsible Bidders per item or per geographic group, or both, to provide the City and Cooperative a source of supply should the primary contractor be unable to supply product when required. The City reserves the right to award by item with or without geographic group distinction. It is anticipated that most orders will be placed with the primary awardee for each item to achieve the lowest cost to the City and Cooperative. E.Pricing F. All prices bid shall be F.O.B. destination/delivered to each location, as specified on the individual order. Cost Adjustment Following the initial twelve (12) month period, the fixed prices may be adjusted upward or downward on a yearly basis to prices based on changes in the following pricing index: Consumer Price Index (CPI), starting within most recent twelve (12) month period. It is the Contractor's responsibility to request any pricing adjustment under this provision. Adjustments to pricing bid for ITB E-28-23 pages 23 through 29 will be considered yearly on the Contract commencement anniversary date. For any adjustment to be considered, the Contractor's request for adjustment shall be submitted no less than ninety (90)calendar days prior to the anniversary date. The Contractor's adjustment request must not be in the excess of the relevant documented price indexes. Any adjustment received after ninety (90) calendar days from the anniversary date may not be considered. The City reserves the right to negotiate lower pricing based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional twelve (12) month period based on the downward movement of the applicable index. It shall be further understood that the City reserves the right to reject any price adjustments submitted by the Contractor and/or to terminate the Contract with the Contractor based on such price adjustments. Any agreed upon increase shall not exceed 5% annually. The Contractors' price shall be inclusive of all costs, charges, and fees involved in providing the specified product. Additional charges of any kind added to the invoice submitted by the Contractor is prohibited Page 3 of29 177 Not seasonally adjusted CPI measures The Consumer Price Index for All Urban Consumers (CPI-U) increased 3.4 percent over the last 12 months to an index level of 313.548 (1982-84=100). For the month, the index increased 0.4 percent prior to seasonal adjustment. May 15, 2024 � https://www.bls.gov, cpi PDF Consumer Price Index -April 2024 -Bureau of Labor Statistics MORE RESULTS What is the current CPI%? What is the current inflation rate today? V Here's Why It Matters. Inflation increased 3.4% in April 2024 from a year ago. Understanding what inflation is, why it matters and how to handle it can help when ma king financial decisions. May 15, 2024 https://www.nerdwallet.com, article The Current Inflation Rate is 3.4%. Here's Why It Matters -NerdWallet i Q. what is current cpi rate 178 From: 06/07/2024 10:14 #146 P.001 pempano •beach�City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 Florida's Warmest Welcome June 6, 2024 Harvey Schneider, Manager FWR, LLC 9651 NW 89th Avenue Medley, FL 33178 Via Facsimile: (305) 805-0034 and Email: harveyfloridawood@gmail.com Dear Mr. Schneider, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the original bid prices, terms and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew you must return this form to the Purchasing Division (fax 954-786-4168) by June 20, 2024. Thank you for your cooperation in this matter. Call me if you have any questions at (954)786-4098. This renewal will be for one year from September 26, 2024 to September 25, 2025. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: a ee to a one-year extension of the subject contract. rovide a one-year extension of the subject contrac Name (print) 179 Florida's Warmest Welcome June 6, 2024 Danielle Rhoden, President IAMWHOIAM, LLC 425 SE 1st Street, # 1001 Pompano Beach, FL 33060 City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 Via Email iamwhoiam company@gmail.com Dear Ms. Rhoden, As specified in Bid E-28-23 Mulch (Cooperative Bid), we have an option to renew the existing contract for an additional one-year period, based upon the original bid prices, terms and conditions. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew you must return this form to the Purchasing Division (fax 954-786-4168) by June 20, 2024. Thank you for your cooperation in this matter. Call me if you have any questions at (954)786-4098. This renewal will be for one year from September 26, 2024 to September 25, 2025. Thank you for your continued cooperation. Very truly yours, Jeff English Purchasing Agent cc: file J I hereby agree to a one-year extension of the subject contract. � a one-year extension of the subject co;;;y;z. \ '2. � Signature bate 1 Don \t \ le. R½o� oName (print) 180 Event Number E-28-23 Event Title MULCH Event Type ITB Issue Date 9/8/2023 12:32:19 AM (ET) Close Date 9/14/2023 02:00:00 PM (ET) Responding Supplier City State Response Submitted Lines Responded FWR,LLC Medley FL 9/14/2023 01:41:58 PM (ET)17 East Coast Mulch Jupiter FL 9/13/2023 11:03:10 AM (ET)* Advanced Mulch, Inc.Palm Beach Gardens FL 9/13/2023 12:30:11 PM (ET)** IAMWHOIAM, LLC Pompano Beach FL 9/14/2023 01:44:19 PM (ET)33 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. **Advanced Mulch declined to renew. 181 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 1 Group 1: Broward County 1 EA 1.1 Item A: Mulch, bulk, delivered, red 2507 CY 30.00 $75,210.00 $27.81 $69,719.67 ****$35.50 $88,998.50 1.2 Item B: Mulch, bulk, delivered, brown 5650 CY 30.00 $169,500.00 $27.81 $157,126.50 ****$35.50 $200,575.00 1.3 Item C: Mulch, bulk, delivered, gold 168 CY 31.80 $5,342.40 $33.99 $5,710.32 ****$35.50 $5,964.00 1.4 Item E: Mulch, bagged, delivered, red 17000 bags 2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 1.5 Item F: Mulch, bagged, delivered, brown 6040 bags 2.50 $15,100.00 No Bid No Bid $3.35 $20,234.00 1.6 Item G: Mulch, bagged, delivered, gold 3000 bags 2.50 $7,500.00 No Bid No Bid $3.35 $10,050.00 1.7 Item H: Mulch, bagged, delivered, Melaleuca 21270 bags No Bid No Bid No Bid $3.35 $71,254.50 1.8 Item I: Mulch, rubber, bagged, delivered, supersacks 30 each No Bid No Bid No Bid $1,000.00 $30,000.00 1.9 Item J: Engineered wood fiber, bulk, installed per cubic yards 6580 CY No Bid $49.44 $325,315.20 No Bid $152.50 $1,003,450.00 1.10 Item K: Playground safety wood chips, bulk, installed per cubic yards 6020 cy No Bid No Bid ****$152.50 $918,050.00 1.11 Item L: mulch, bulk, installed, red, per cubic yard 20020 CY No Bid $30.90 $618,618.00 ****$105.00 $2,102,100.00 1.12 Item M: mulch, bulk, installed, brown, per cubic yard 5400 CY No Bid $30.90 $166,860.00 ****$105.00 $567,000.00 1.13 Item N: mulch, bulk, installed, gold, per cubic yard 2550 CY No Bid $30.90 $78,795.00 ****$105.00 $267,750.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 182 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 2 Group 2: Miami-Dade County 1 EA 2.1 Item A: Mulch, bulk, delivered, red 100 CY $30.00 $3,000.00 $36.05 $3,605.00 No Bid $35.50 $3,550.00 2.2 Item B: Mulch, bulk, delivered, brown 900 CY $30.00 $27,000.00 $36.05 $32,445.00 No Bid $35.50 $31,950.00 2.3 Item C: Mulch, bulk, delivered, gold 100 CY $30.00 $3,000.00 $43.26 $4,326.00 No Bid $35.50 $3,550.00 2.4 Item D: Mulch, bulk, delivered, Melaleuca 4066 CY No Bid $36.05 $146,579.30 No Bid $40.50 $164,673.00 2.5 Item E: Mulch, bagged, delivered, red 17000 bags $2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 2.6 Item F: Mulch, bagged, delivered, brown 8440 bags $2.50 $21,100.00 No Bid No Bid $3.35 $28,274.00 2.7 Item G: Mulch, bagged, delivered, gold 1000 bags $2.50 $2,500.00 No Bid No Bid $3.35 $3,350.00 2.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 550 cy No Bid $77.25 $42,487.50 ****$155.00 $85,250.00 2.9 Item M: mulch, bulk, installed, brown, per cubic yard 500 CY No Bid $72.10 $36,050.00 No Bid $105.00 $52,500.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC IAMWHOIAM, LLC **Advanced Mulch declined to renew. 183 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 3 Group 3: Palm Beach County 1 EA 3.1 Item A: Mulch, bulk, delivered, red 11300 CY $32.00 $361,600.00 $27.81 $314,253.00 ****$35.50 $401,150.00 3.2 Item B: Mulch, bulk, delivered, brown 800 CY $32.00 $25,600.00 $27.81 $22,248.00 ****$35.50 $28,400.00 3.3 Item C: Mulch, bulk, delivered, gold 15000 CY $32.00 $480,000.00 $36.05 $540,750.00 ****$35.50 $532,500.00 3.4 Item D: Mulch, bulk, delivered, Melaleuca 1000 CY No Bid $27.81 $27,810.00 No Bid $40.50 $40,500.00 3.5 Item E: Mulch, bagged, delivered, red 1660 bags $2.70 $4,482.00 No Bid No Bid $3.35 $5,561.00 3.6 Item F: Mulch, bagged, delivered, brown 2160 bags $2.70 $5,832.00 No Bid No Bid $3.35 $7,236.00 3.7 Item J: Engineered wood fiber, bulk, installed per cubic yard 5700 CY No Bid $49.44 $281,808.00 No Bid $155.00 $883,500.00 3.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 800 cy No Bid No Bid ****$155.00 $124,000.00 3.9 Item L: mulch, bulk, installed, red, per cubic yard 5000 cy No Bid $30.90 $154,500.00 ****$102.50 $512,500.00 3.10 Item M: mulch, bulk, installed, brown, per cubic yard 1500 CY No Bid $30.90 $46,350.00 ****$105.00 $157,500.00 3.11 Item N: mulch, bulk, installed, gold, per cubic yard 50 CY No Bid $39.14 $1,957.00 ****$105.00 $5,250.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*Advanced Mulch Inc**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 184 Lines Attribute Name FWR,LLC East Coast Mulch*Advanced Mulch, Inc.IAMWHOIAM, LLC 1 Delivery Time After Receipt of Order 10 4 7 3 2 Additional Items at Awarded Contract Price 90 4 7 60 3 Extension of prices, terms and conditions to other governmental entities Yes Yes Yes Yes 4 Conflict of Interest No No No No 5 Drug-Free Workplace Yes Yes Yes Yes 6 Vendor Certification Regarding Scrutinized Companies Lists (Any Dollor Amount)Certified Certified Certified Certified 7 Acknowledgement of Addenda Yes Yes Yes Yes 8 Terms & Conditions Agree Agree Agree Agree 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 100 yard min 60 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards **Advanced Mulch declined to renew. *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. 185 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to info@nigpsefl.org for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. ___________________________________________________________________________________ Description/Title: _______________________________________________________________________________ Initial Contract Term: Start Date: ______________________ End Date: _________________ Renewal Terms of the Contract: ______________________ Renewal Options for ________________ (No. of Renewals) (Period of Time) Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ ____________________________________________________________________ SECTION #1 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: Phone: Cell/Pager: Website: VENDOR AWARD Vendor Name: ________________________________________________________________________________ ____________________________________ Fax: _______________________________________ _________________________________ Email Address: _________________________________ _________________________________ FEIN: ___________________________________ _ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ 186 PAGE 2 OF 2 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ ____________________________________________________________________ SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: ______________ Resolution/Agenda Item No.: ________________ Insurance Required: Yes __________ No _____________ Performance Bond Required: Yes __________ No _____________ ____________________________________________________________________ SECTION #3 LEAD AGENCY Agency Name: __________________________________________________________________ Agency Address: _____________________________________________________________________ Agency Contact: __________________________ Email___________________________________ Telephone: __________________________ Fax: ____________________________________ 187 100 West Atlantic Blvd. Pompano Beach, FL 33060City of Pompano Beach Legislation Details (With Text) File #: Version:123-750 Name: Status:Type:Approval Request / Consent Agenda Passed File created:In control:9/12/2023 City Commission On agenda:Final action:9/26/2023 9/26/2023 Title:Approval to award Invitation to Bid E-28-23, Mulch, to the lowest responsive and responsible bidders, Advanced Mulch, Inc., (Item K), and East Coast Mulch, (Items A, B, L, and M), for annual open-end contracts. The estimated annual cost to the City of Pompano Beach for mulch is $130,000.00. (Fiscal Impact: $130,000.00.) Sponsors: Indexes: Code sections: Attachments:1. Purchasing Memo 23-035.pdf, 2. Public Works Memorandum No. 23-024.pdf, 3. Bid Award Recommendation (Advanced Mulch, Inc.).pdf, 4. Bid Award Recommendation (East Coast Mulch).pdf, 5. E-28-23 Tabulation.pdf, 6. E-28-23 Mulch - Cooperative Bid.pdf Action ByDate Action ResultVer. City Commission9/26/2023 1 Approval to award Invitation to Bid E-28-23, Mulch, to the lowest responsive and responsible bidders, Advanced Mulch, Inc., (Item K), and East Coast Mulch, (Items A, B, L, and M), for annual open-end contracts. The estimated annual cost to the City of Pompano Beach for mulch is $130,000.00. (Fiscal Impact: $130,000.00.) (Staff Contact:Robert McCaughan) Summary Explanation/Background: The City of Pompano Beach (City) issued Invitation to Bid (ITB) E-28-23 to establish annual open-end contracts for the purchase of mulch products for grounds maintenance to be ordered as needed. Products included in the ITB are mulch made of recycled wood dyed brown and red, and engineered wood fiber, delivered or installed. The City of Pompano Beach issued this ITB as the lead agency for the South Florida Governmental Purchasing Cooperative, on behalf of the City and (20) twenty other governmental agencies. Primary bid award is recommended to the lowest responsive and responsible bidder per item as previously described. Alternate bid awards are recommended to the remaining responsive bidders and are to be used should the material be unavailable from the primary awardees. All awards are at the unit prices bid per item. Based upon the prices bid, and the City’s portion of the estimated contract usage, annual expenditures for mulch products could total $130,000.00. The contract period is one year, commencing upon award by the Commission, with possible contract renewals as stated in the ITB specifications. City Commission approval is requested. Origin of request for this action: Staff Fiscal impact and source of funding:$130,000.00 in as-needed mulch purchases will be made from funds in account 001-3040-530.46-10 Repair and Maintenance / Land Building Improvements. City of Pompano Beach Printed on 9/28/2023Page 1 of 2 powered by Legistar™188 File #:23-750,Version:1 City of Pompano Beach Printed on 9/28/2023Page 2 of 2 powered by Legistar™189 M E M O R A N D U M Purchasing #23-035 September 14, 2023 To: Gregory P. Harrison, City Manager Through: Carla R. Byrd, General Services Director From: Jeffrey English, Purchasing Agent Subject: Award E-28-23 Mulch Cooperative Invitation to Bid Contract Need/Background The City of Pompano Beach (City) issued Invitation to Bid (ITB) E-28-23 to establish contracts for the purchase of mulch products, to be ordered as needed. Products included in the ITB are mulch made of recycled wood dyed brown and red, and engineered wood fiber, delivered or installed. The City issued this ITB as the lead agency for the South Florida Governmental Purchasing Cooperative (Cooperative), on behalf of the City and twenty (20) other governmental agencies. Primary bid award is recommended to the lowest responsive and responsible bidder per item in a geographical group. The three geographic groups are Broward, Miami-Dade, and Palm Beach Counties. The estimated quantities stated in the solicitation include anticipated requirements from all of the participating agencies, including the City. The City's Public Works Department requires mulch on an ongoing basis for use in landscaping throughout the City. The City’s Public Works Department recommends the primary contract be awarded to East Coast Mulch Corp., the lowest responsive and responsible bidder for items A, B, L, and M and to Advanced Mulch, Inc., the lowest responsive and responsible bidder for item K. Alternate bid awards are recommended to the remaining responsive bidders and are to be used should the material be unavailable from the primary awardees. All awards are at the unit prices bid per item in its geographical group. It is anticipated that most orders will be placed with the primary contractor for each item to achieve the lowest cost to the City and Cooperative. Attached you will find copies of the memorandum and the bid award recommendation form submitted by the Public Works Department, the bid tabulation, and solicitation document. Bidders List The Bidders List was created by using companies suggested by the requesting department, companies that have responded to prior solicitations, companies that have requested their names be placed on the Bid List, and companies from appropriate listings in other source books. Number of companies responding with complete bids .............................................4 Advertising The ITB was advertised in the Sun Sentinel, and notices were sent to bid notice agencies throughout the nation. The ITB was also posted in the City's eBid system for download by interested companies. 190 Purchasing # 23-035 Page 2 September 14, 2023 Funding Based upon the unit prices bid, and the City's estimated usage, the City’s annual expenditures for mulch products could total $130,000.00. City purchases will be made, as needed, from budgeted funds in account, 001-3060-530.46-10, Repair & Maintenance I Land Building Improvements. Award Recommendation It is recommended that a contract be awarded to the low bidder per item as the primary contractor as follows: East Coast Mulch Corp., (Items A, B, L, and M), and Advanced Mulch, Inc. Alternate awards are recommended to the second low bidders, as outlined on the bid tabulation to be used if the primary contractor is unable to supply the product. enclosures cc: File Southeast Florida Governmental Purchasing Cooperative 191 p mpano -beach Florida's Warmest Welcome Phone: (954) 786-4107 City of Pompano Beach DATE: TO: FROM: Subject: Public Works Department MEMORANDUM NO. 23-024 September 14, 2023 Carla Byrd, General Services Director Anthony Orlando: Grounds Operations Manager Award Bid: 1TB E-28-23 Mulch-bulk, bagged Fax: (954) 786-4011 On September 14th 2023, the City opened and received bids for the Mulch Cooperative Bid E-28-23. Primary bid award recommended to the low bidders per item and alternate bid awards to the remaining responsive bidders per item. The ground maintenance Division utilizes over 5000 cubic yards of landscape mulch totaling approximately 130,000 dollars annually to control weeds along our highway median flowerbeds and throughout the City. By reducing lawn maintenance crew's time pulling weeds, continued usage of mulch will greatly increase the Grounds Maintenance Division's productivity. The mulch will be funded from account number 001-3040-530-4610 Repairs & Maintenance/ Lands, Buildings, & improvements. Please have the bid award recommendation for this project placed on the agenda at the next available commission meeting. CC: Rob Mccaughan, Director Public Works Harold Beard, Assistant Director Public Works Marlason Permenter Grounds Maintenance Supervisor 192 REQUEST FOR BID/QUOTE A WARD RECOMMENDATION FORM From: Purchasing Division _P_u_b_li_c_W_or_k_s ________ Date 9/14/2023 Department: 3040 Gro unds Attn.: Subject: Bid /Quote No. E-28-23 Item/service: Mulch Bid/ Item A, B, L, an d M Attached is the Bid/Quote Tabulation for subject item/service requisitioned by your department. Please complete this form in order Purchasing may complete the bid award. Your response should be typed. Please return this form to the Purchasing Division within three weeks of receipt. If rejecting a low bidder you must explain your reason below, or in an attached memorandum. I.SOURCE OF FUNDS: Budgeted Code: 001-3040-530.46-10 Requisition#: Title: Repair Maintenance/Land Building lmprovemens 2.RECOMMENDATION: (a)Which bidder do you recommend? East Coast Mulch (b)Is the recommended bid the lowest bid received? YesJZL Noll ---------- Note: If you recommend award to other than the low bidder detailed justification must befurnished for rejection of all lower bids, in an accompanying memorandum. (c)Ifreferences were required, were they checked? Yes JZL No Il Not applicable for this bid--□------ Signature: ��_) Date: 9/14/2023 Title: �� \ � c... lOor 'n� � 1N:-vt"o,(Department Head or Authorized Representative) G:\PURCHASE\FORMS.DOC REV. 08/08 193 REQUEST FOR BID/QUOTE AW ARD RECOMMENDATION FORM From: Purchasing Division _P_u_b_li_c_W_o_rk_s ________ Date 9/14/2023 Department: 3040 Grounds Attn.: Subject: Bid /Quote No. E-28-23 Item/service : Mulc h Bid/ Item K Attached is the Bid/Quote Tabulation for subject item/service requisitione d by your department. Please complete this form in order Purchasing may complete the bid award. Your response should be typed. Please return this form to the Purchasing Division within three weeks of receipt. If rejecting a low bidder you must explain your reason below, or in an attached memorandum. I.SOURCE OF FUNDS: Budgeted Code: 00 l-3040-530.46-10 Requisition #: _________ _ Title: Repair& Maintenance/Land Buildings Improvements 2.RECOMMENDATION: (a)Which bidder do you recommend? Advanced Mulch Inc. (b)Is the recommended bid the lowest bid received?YesJZl Noll Note: If you recommend award to other than the low bidde r detailed justification must befurnished for rejection of all lower bids, in an accompanying memorandum. (c)If references were required, were they checked? YesJZl Noll Not applicable for this bid __ ...,n__._ ____ _ Signature �� Title: �u'o\:t-l,uor�� t),ru,,�r(Department Head or Auth orized Representative) G:\PURCHASE\FORMS.DOC REV. 08/08 Date: 9/14/2023 194 Event Number E-28-23 Event Title MULCH Event Type ITB Issue Date 9/8/2023 12:32:19 AM (ET) Close Date 9/14/2023 02:00:00 PM (ET) Responding Supplier City State Response Submitted Lines Responded FWR,LLC Medley FL 9/14/2023 01:41:58 PM (ET)17 East Coast Mulch Jupiter FL 9/13/2023 11:03:10 AM (ET)21 ADVANCED MULCH INC PALM BEACH GARDENS FL 9/13/2023 12:30:11 PM (ET)15 IAMWHOIAM, LLC Pompano Beach FL 9/14/2023 01:44:19 PM (ET)33 E-28-23 - Page 1 195 Line Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended 1 Group 1: Broward County 1 EA 1.1 Item A: Mulch, bulk, delivered, red 2507 CY 30.00 $75,210.00 $27.00 $67,689.00 $30.00 $75,210.00 $35.50 $88,998.50 1.2 Item B: Mulch, bulk, delivered, brown 5650 CY 30.00 $169,500.00 $27.00 $152,550.00 $30.00 $169,500.00 $35.50 $200,575.00 1.3 Item C: Mulch, bulk, delivered, gold 168 CY 31.80 $5,342.40 $33.00 $5,544.00 $45.00 $7,560.00 $35.50 $5,964.00 1.4 Item E: Mulch, bagged, delivered, red 17000 bags 2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 1.5 Item F: Mulch, bagged, delivered, brown 6040 bags 2.50 $15,100.00 No Bid No Bid $3.35 $20,234.00 1.6 Item G: Mulch, bagged, delivered, gold 3000 bags 2.50 $7,500.00 No Bid No Bid $3.35 $10,050.00 1.7 Item H: Mulch, bagged, delivered, Melaleuca 21270 bags No Bid No Bid No Bid $3.35 $71,254.50 1.8 Item I: Mulch, rubber, bagged, delivered, supersacks 30 each No Bid No Bid No Bid $1,000.00 $30,000.00 1.9 Item J: Engineered wood fiber, bulk, installed per cubic yards 6580 CY No Bid $48.00 $315,840.00 No Bid $152.50 $1,003,450.00 1.10 Item K: Playground safety wood chips, bulk, installed per cubic yards 6020 cy No Bid No Bid $39.78 $239,475.60 $152.50 $918,050.00 1.11 Item L: mulch, bulk, installed, red, per cubic yard 20020 CY No Bid $30.00 $600,600.00 $40.00 $800,800.00 $105.00 $2,102,100.00 1.12 Item M: mulch, bulk, installed, brown, per cubic yard 5400 CY No Bid $30.00 $162,000.00 $40.00 $216,000.00 $105.00 $567,000.00 1.13 Item N: mulch, bulk, installed, gold, per cubic yard 2550 CY No Bid $38.00 $96,900.00 $60.00 $153,000.00 $105.00 $267,750.00 FWR,LLC East Coast Mulch ADVANCED MULCH INC IAMWHOIAM, LLC E-28-23 - Page 2196 FWR,LLC East Coast Mulch ADVANCED MULCH INC IAMWHOIAM, LLC 2 Group 2: Miami-Dade County 1 EA 2.1 Item A: Mulch, bulk, delivered, red 100 CY $30.00 $3,000.00 $35.00 $3,500.00 No Bid $35.50 $3,550.00 2.2 Item B: Mulch, bulk, delivered, brown 900 CY $30.00 $27,000.00 $35.00 $31,500.00 No Bid $35.50 $31,950.00 2.3 Item C: Mulch, bulk, delivered, gold 100 CY $30.00 $3,000.00 $42.00 $4,200.00 No Bid $35.50 $3,550.00 2.4 Item D: Mulch, bulk, delivered, Melaleuca 4066 CY No Bid $35.00 $142,310.00 No Bid $40.50 $164,673.00 2.5 Item E: Mulch, bagged, delivered, red 17000 bags $2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 2.6 Item F: Mulch, bagged, delivered, brown 8440 bags $2.50 $21,100.00 No Bid No Bid $3.35 $28,274.00 2.7 Item G: Mulch, bagged, delivered, gold 1000 bags $2.50 $2,500.00 No Bid No Bid $3.35 $3,350.00 2.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 550 cy No Bid $75.00 $41,250.00 $75.00 $41,250.00 $155.00 $85,250.00 2.9 Item M: mulch, bulk, installed, brown, per cubic yard 500 CY No Bid $70.00 $35,000.00 No Bid $105.00 $52,500.00 E-28-23 - Page 3197 FWR,LLC East Coast Mulch ADVANCED MULCH INC IAMWHOIAM, LLC 3 Group 3: Palm Beach County 1 EA 3.1 Item A: Mulch, bulk, delivered, red 11300 CY $32.00 $361,600.00 $27.00 $305,100.00 $30.00 $339,000.00 $35.50 $401,150.00 3.2 Item B: Mulch, bulk, delivered, brown 800 CY $32.00 $25,600.00 $27.00 $21,600.00 $30.00 $24,000.00 $35.50 $28,400.00 3.3 Item C: Mulch, bulk, delivered, gold 15000 CY $32.00 $480,000.00 $35.00 $525,000.00 $45.00 $675,000.00 $35.50 $532,500.00 3.4 Item D: Mulch, bulk, delivered, Melaleuca 1000 CY No Bid $27.00 $27,000.00 No Bid $40.50 $40,500.00 3.5 Item E: Mulch, bagged, delivered, red 1660 bags $2.70 $4,482.00 No Bid No Bid $3.35 $5,561.00 3.6 Item F: Mulch, bagged, delivered, brown 2160 bags $2.70 $5,832.00 No Bid No Bid $3.35 $7,236.00 3.7 Item J: Engineered wood fiber, bulk, installed per cubic yard 5700 CY No Bid $48.00 $273,600.00 No Bid $155.00 $883,500.00 3.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 800 cy No Bid No Bid $38.00 $30,400.00 $155.00 $124,000.00 3.9 Item L: mulch, bulk, installed, red, per cubic yard 5000 cy No Bid $30.00 $150,000.00 $40.00 $200,000.00 $102.50 $512,500.00 3.10 Item M: mulch, bulk, installed, brown, per cubic yard 1500 CY No Bid $30.00 $45,000.00 $40.00 $60,000.00 $105.00 $157,500.00 3.11 Item N: mulch, bulk, installed, gold, per cubic yard 50 CY No Bid $38.00 $1,900.00 $60.00 $3,000.00 $105.00 $5,250.00 E-28-23 - Page 4198 Lines Attribute Name FWR,LLC East Coast Mulch Advanced Mulch, Inc.IAMWHOIAM, LLC 1 Delivery Time After Receipt of Order 10 4 7 3 2 Additional Items at Awarded Contract Price 90 4 7 60 3 Extension of prices, terms and conditions to other governmental entities Yes Yes Yes Yes 4 Conflict of Interest No No No No 5 Drug-Free Workplace Yes Yes Yes Yes 6 Vendor Certification Regarding Scrutinized Companies Lists (Any Dollor Amount)Certified Certified Certified Certified 7 Acknowledgement of Addenda Yes Yes Yes Yes 8 Terms & Conditions Agree Agree Agree Agree 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 100 yard min 60 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards E-28-23 - Page 5 199 INVITATION TO BID E-28-23 MULCH OPENING: SEPTEMBER 14, 2023, 2:00:00 P.M. Virtual Zoom Meeting For access go to: https://www.pompanobeachfl.gov/meetings 200 Page 1 of 29 Issued: September 7, 2023 CITY OF POMPANO BEACH, FLORIDA INVITATION TO BID E-28-23 MULCH The City of Pompano Beach (the “City”) is seeking bids from qualified companies/firms to establish annual Contracts for the purchase of mulch. Sealed bids for Invitation to Bid (ITB) E- 28-23, Mulch will be received until 2:00:00 p.m. (local), September 14, 2023. This is a cooperative ITB issued by the City of Pompano Beach Purchasing Division on behalf of the participating Southeast Florida Governmental Purchasing Cooperative (Cooperative) agencies for the purchase of each agency’s respective estimated annual requirements for mulch products. Bids must be submitted electronically through the eBid System on or before the due date and time as provided herein. A list of Bidders will be read aloud in a public forum. Bid openings are open to the public. Check the City’s meetings page at https://pompanobeachfl.gov/pages/meetings. All Bidders and/or their representatives are invited to be present. Any bid received after the due date and time specified will not be considered. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bidders must be registered on the City’s eBid System in order to view the bid documents and respond to this ITB. The ITB documents can be downloaded for free from the eBid System as a pdf at: https://pompanobeachfl.ionwave.net/CurrentSourcingEvents.aspx. The City is not responsible for the accuracy or completeness of any documentation the Bidder receives from any source other than from the eBid System. Bidder is solely responsible for downloading all required documents. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate City officials for Contract award. There are three (3) sections in this Invitation for Bids: Specifications/Special Conditions, General Conditions, and Line Item Pricing. Please read all sections thoroughly. Complete the ITB in accordance with the instructions. Failure to do so may result in the rejection of your bid. If you need any additional information regarding this ITB, please contact Jeff English, Purchasing Agent, at (954) 786-4098. 201 Page 2 of 29 SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS A.Intent The intent of this Invitation for Bids is to establish annual, open-end Contracts for the purchase of mulch delivered in bulk or in bags, or delivered and installed, as and when needed. The City of Pompano Beach is acting as the lead agency for the Cooperative, and this ITB includes the requirements of both the City and the participating agencies named herein. Any reference to a single agency or location will, in fact, be understood as referring to all participating agencies referenced in the documents unless specifically noted otherwise. B.Contract Period Initial Contract price resulting from this ITB shall remain fixed for a period of no less than twelve (12) months from the Contract’s initial effective date, commencing upon award by the appropriate City officials. The City reserves the right to renew this Contract for four (4) additional one-year periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. Except as set forth in the Cost Adjustment section, all terms, prices and conditions shall remain firm for the initial period of the Contract, and any renewal period. The City may require additions or deletions of participating agencies, if a Contract renewal is considered. This may entail additional agencies and locations, and/or deletion of previous participating agencies. The Contractor shall serve all required additions or deletions, as requested by the City, according to the terms and conditions of the bid. In the event delivery/service is scheduled to end because of the expiration of this Contract, the Contractor shall continue to deliver/service upon the request of the General Services Director. The extension period shall not extend for more than one hundred twenty (120) days beyond the expiration date of the existing Contract. The Contractor shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. C.Quantities The total estimated annual quantity of each item is listed in the line item pricing section. No warranty or guarantee is given or implied as to the total amount to be purchased as a result of this Contract. The quantities provided in this Invitation for Bids are estimates of annual usage to be used for bid comparison purposes only. Mulch will be ordered as needed. 202 Page 3 of 29 D.Basis of Award Bidders may bid on any or all items. The primary Contract award will be made to the lowest responsive and responsible Bidder per item or per geographic group, or both, whichever is in the best interest of the City and Cooperative. The three geographic groups are Broward, Miami-Dade, and Palm Beach Counties. Alternate awards will be made to the other responsive and responsible Bidders per item or per geographic group, or both, to provide the City and Cooperative a source of supply should the primary contractor be unable to supply product when required. The City reserves the right to award by item with or without geographic group distinction. It is anticipated that most orders will be placed with the primary awardee for each item to achieve the lowest cost to the City and Cooperative. E.Pricing All prices bid shall be F.O.B. destination/delivered to each location, as specified on the individual order. F.Cost Adjustment Following the initial twelve (12) month period, the fixed prices may be adjusted upward or downward on a yearly basis to prices based on changes in the following pricing index: Consumer Price Index (CPI), starting within most recent twelve (12) month period. It is the Contractor’s responsibility to request any pricing adjustment under this provision. Adjustments to pricing bid for ITB E-28-23 pages 23 through 29 will be considered yearly on the Contract commencement anniversary date. For any adjustment to be considered, the Contractor’s request for adjustment shall be submitted no less than ninety (90) calendar days prior to the anniversary date. The Contractor’s adjustment request must not be in the excess of the relevant documented price indexes. Any adjustment received after ninety (90) calendar days from the anniversary date may not be considered. The City reserves the right to negotiate lower pricing based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional twelve (12) month period based on the downward movement of the applicable index. It shall be further understood that the City reserves the right to reject any price adjustments submitted by the Contractor and/or to terminate the Contract with the Contractor based on such price adjustments. Any agreed upon increase shall not exceed 5% annually. The Contractors’ price shall be inclusive of all costs, charges, and fees involved in providing the specified product. Additional charges of any kind added to the invoice submitted by the Contractor is prohibited 203 Page 4 of 29 G.Delivery Bidders are to provide the number of calendar days after receipt of an order required for delivery. The City seeks a source of supply that will provide accurate and timely delivery. The Contractor must adhere to delivery schedules. If, in the opinion of the General Services Director, the Contractor(s) fail at any time to meet the requirements herein, including the delivery requirements, then, the Contract may be cancelled upon written notice. See Section II - General Conditions, (6) "Delivery”, and (10) "Default”, for additional information. Each individual participating agency shall establish delivery requirements, delivery locations, and dates with the Contractor. The Contractor shall await release by the authorized contact person at each agency for all shipments. Contractors must agree to accept "blanket" purchase orders, with verbal or fax requests for partial shipments, if required by the participating entities. H.Addenda The issuance of a written addendum or posting of an answer in response to a question submitted using the Questions feature in the eBid System are the only official methods whereby interpretation, clarification, or additional information can be given. If an addendum is issued to this ITB, the addendum will be issued via the eBid System. It shall be the responsibility of each Bidder, prior to submitting its bid, to check the eBid System to determine if an addendum was issued and to make such addendum a part of its bid. An addendum will be posted to this ITB in the eBid System. I.Current Contracts Government entities listed as participants in this bid solicitation may have current contracts to purchase one or more of the items included in this bid. These agencies will place orders with the awarded Contractor(s), if additional product is needed, after the expiration of their current contract(s). J.Participating Agencies/Contact Persons/Delivery Locations/Special Requirements The following agencies are participating in this bid solicitation and the resulting contract: 1.City of Boca Raton, contact person Jeff Gomez, Purchasing Manager, (561) 393- 7872. Mulch, bulk, delivered, red, est. annual quantity 5,300 cubic yards. Mulch, bulk, delivered, brown, est. annual quantity 800 cubic yards. 204 Page 5 of 29 Mulch, bulk, delivered, Melaleuca, est. annual quantity 1,000 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 160 bags. Mulch, bagged, delivered, brown, est. annual quantity 160 bags. Fibar engineered wood fiber, bulk, installed, est. annual quantity 100 cubic yards. Playground safety wood chips, installed, est. annual quantity 800 cubic yards. Mulch, installed, red, est. annual quantity 4,500 cubic yards. Deliveries/installation to various locations within the City. 2.City of Boynton Beach, contact person Chris Pinto, Purchasing Manager, (561) 742- 6322. Mulch, bulk, delivered, brown, est. annual quantity 6,000 cubic yards. Mulch, bulk, delivered, gold, est. annual quantity 15,000 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 500 bags. Fibar engineered wood fiber, bulk, installed, est. annual quantity 5,000 cubic yards. Delivery location: 8020 Jog Rd., Boynton Beach, FL 33472 3.City of Coral Gables, contact Troy Hall, Golf Parks Superintendent, (305) 962-0310. Mulch, bulk, delivered, red, est. annual quantity 100 cubic yards. Mulch, bulk, delivered, gold, est. annual quantity 100 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 1,000 bags. Mulch, bagged, delivered, brown, est. annual quantity 1,000 bags. Playground Safety Wood Chips, bulk, installed, est. annual quantity 150 cubic yards. Deliveries to various locations within the City. 4.City of Coral Springs, contact person Yasmin Teja, Purchasing Agent, (954) 344- 1102. Mulch, bulk, delivered, brown, est. annual quantity 1,500 cubic yards. 205 Page 6 of 29 Fibar engineered wood fiber, bulk, installed, est. annual quantity 700 cubic yards. Mulch, installed, red, est. annual quantity 3,760 cubic yards. Deliveries/installation to various locations within the City. 5.City of Dania Beach, contact Carl Kallediaran, Landscape Manager, (954) 924-6800, ext. 2745. Fibar engineered wood fiber, bulk, installed, est. annual quantity 400 cubic yards. Mulch, installed, red, est. annual quantity 1,260 cubic yards. Deliveries to 1201 Stirling Road, Dania Bch. 6.Town of Davie, contact person Kevin Montaldi, Superintendent, (954) 327-3943. Playground Safety Wood Chips, bulk, installed, est. annual quantity 400 cubic yards. Mulch, installed, red, est. annual quantity 200 cubic yards. Delivery and/or installation to various locations within the City. 7.City of Deerfield Beach, contact person Sandra Francis, (954) 480-4381. Fibar engineered wood fiber, bulk, installed, est. annual quantity 400 cubic yards. Mulch, installed, brown, est. annual quantity 3,400 cubic yards. Installation to various locations within the City. 8.City of Delray Beach, contact person Joel Burzynski, Purchasing Agent, (561) 243- 7153. Mulch, bulk, delivered, red, est. annual quantity 2,500 cubic yards. Mulch, bulk, delivered, brown, est. annual quantity 4,000 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 2,500 bags. Mulch, bagged, delivered, brown, est. annual quantity 4,000 bags. Mulch, bulk, delivered, Melaleuca, est. annual quantity 4,000 cubic yards. 206 Page 7 of 29 Mulch, installed, red, est. annual quantity 2,500 cubic yards. Mulch, installed, brown, est. annual quantity 4,000 cubic yards. Playground Safety Wood Chips, installed, est. annual quantity 4,000 cubic yards. Deliveries to various locations within the City. 9.City of Fort Lauderdale, contact person Robert Dexter, Parks Manager, (954) 828- 5262. Mulch, bulk, delivered, red, est. annual quantity 400 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 11,700 bags Mulch, rubber, bagged, est. annual quantity 5 super sacks. Playground Safety Wood Chips, installed, est. annual quantity 1,340 cubic yards. Mulch, installed, brown, est. annual quantity 7,500 cubic yards. Deliveries to various locations within the City. 10.City of Hallandale Beach, contact person Robert Lowery, Procurement Assistant Director, (954) 457-1452. Mulch, bulk, installed, brown, est. annual quantity 2,000 cubic yards. Deliveries to various locations within the City. 11.Town of Hillsboro Beach, contact person Mac Serda, Town Manager, (954) 427- 4011. Mulch, bagged, delivered, brown, est. annual quantity 300 bags Deliveries to 1210 Hillsboro Mile, Hillsboro Beach, FL 33062. 12.City of Hollywood, contacts: Joshua Collazo, Public Works Superintendent, (954) 249-8857. Mulch, bulk, delivered, red est. annual quantity 400 cubic yards. Mulch, bulk, delivered, brown est. annual quantity 600 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 300 bags. 207 Page 8 of 29 Mulch, bagged, delivered, brown, est. annual quantity 100 bags. Mulch, Melaleuca, bagged, delivered, est. annual quantity 100 bags. Mulch, Melaleuca, bulk, delivered, est. annual quantity 600 cubic yards. Mulch, rubber, bagged, delivered, est. annual quantity 300 super sacks. Fibar engineered wood fiber, bulk, installed, est. annual quantity 100 cubic yards. Mulch, installed, red, est. annual quantity 200 cubic yards. Mulch, installed, brown, est. annual quantity 2,100 cubic yards. Playground Safety Wood Chips, bulk, delivered, estimated annual quantity 100 cubic yards. Delivery/Installation to various locations within the City. 13.Village of Key Biscayne, contact person Todd Hofferberth, (305) 365-5947. Playground Safety Wood Chips, installed, est. annual quantity 400 cubic yards. Delivery locations: Village Green, 450 Crandon Blvd., and Key Biscayne K-8 School 601 Ridgewood Rd., Key Biscayne FL 33149. 14.City of Lauderhill, contact person Brian Picnic, Parks Deputy Director, (954) 730- 3083. Mulch, bulk, delivered, red est. annual quantity 30 cubic yards. Mulch, bulk, delivered, brown est. annual quantity 30 cubic yards. Mulch, bulk, delivered, Melaleuca est. annual quantity 30 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 1,000 bags. Mulch, Melaleuca, bagged, delivered, est. annual quantity 30 bags. Mulch, rubber, bagged, delivered, est. annual quantity 30 super sacks. Fibar engineered wood fiber, bulk, installed, est. annual quantity 30 cubic yards. Mulch, bagged, delivered, red, est annual quantity 25,200 bags. 208 Page 9 of 29 Playground Safety Wood Chips, installed, est. annual quantity 1,030 cubic yards. Mulch, installed, red, est. annual quantity 1,000 cubic yards. Delivery location: 2101 NW 49th Ave. Installations to various City locations. 15.City of Margate, contact person Spencer Shambray, Purchasing Manager, (954) 935- 5341. Mulch, gold, bulk, delivered, est. annual quantity 168 cubic yards. Delivery location: 102 N Rock Island Rd., Margate. 16.City of Miami, contact person Carl Springer, Parks Superintendent(305) 960-3007. Mulch, bagged, delivered, red, est. annual quantity 16,000 bags. Delivery location: 1950 NW 12th Ave., Miami, FL 33136. 17.City of Miami Beach, contact Alex Dennis, Procurement Officer, (305) 673-7490. Mulch, bulk, delivered, red, est. annual quantity 40 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 240 bags Mulch, bulk, installed, brown, est. annual quantity 500 cubic yards. Deliveries to 2100 Meridian Ave., and installation to various City locations. 18.City of North Lauderdale, contact person Sam May, Public Works Director, (954) 742-7070. Mulch, bulk, delivered, red, est. annual quantity 40 cubic yards. Fibar engineered wood fiber, bulk, installed, est. annual quantity 450 cubic yards. Mulch, installed, brown, est. annual quantity 300 cubic yards. Mulch, installed, red, est. annual quantity 200 cubic yards. Deliveries/installation to various locations within the City. 19.City of North Miami Beach, contact person Shereece George, Chief Procurement Officer, (305) 948-2946, ext. 2629. 209 Page 10 of 29 Mulch, bagged, delivered, brown, est. annual quantity 8,200 bags. Deliveries to various locations within the City. 20.City of Oakland Park, contact Lisa Bishop Hill, Public Works Manager, (954) 630- 4518. Mulch, Melaleuca, bagged, delivered, est. annual quantity 21,120 bags. Playground Safety Wood Chips, installed, est. annual quantity 350 cubic yards. Deliveries to City Maintenance Compound, 3650 N.E. 12th Avenue, Oakland Park. 21.City of Parkland, contact: Anthony Scerbo, Public Works Superintendent, (954) 757-4187. Mulch, bulk, delivered, brown est. annual quantity 120 cubic yards. Mulch, bulk, delivered, Melaleuca est. annual quantity 36 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 240 bags. Mulch, Melaleuca, bagged, delivered, est. annual quantity 120 bags. Playground Safety Wood Chips, installed, est. annual quantity 240 cubic yards. Mulch, installed, brown, est. annual quantity 360 cubic yards. Delivery/Installation to various locations within the City. 22.City of Pompano Beach, contact person Jeff English, Purchasing Agent, (954) 786- 4098. Mulch, bulk, delivered, red estimated annual quantity 3,500 cubic yards. Mulch, bulk, delivered, brown estimated annual quantity 3,500 cubic yards. Playground Safety Wood Chips, installed, est. annual quantity 500 cubic yards. Deliveries to various locations within the City. K.Detail Specifications 1.General Wood Mulch Specifications 210 Page 11 of 29 a.Mulch shall be of the recycled, dyed variety and shall be free of sand, dirt, CCA treated lumber, seed, and other foreign matter. Size shall not exceed three inches (3”). b.Colors required: Red, Brown, and Gold. 2.Mulch, Bulk, Delivered a.Mulch product to be as specified above. b.Delivered in bulk and unloaded (dumped). c.Bidder to state size of truckload (cubic yards), and minimum order. 3.Mulch, Bagged, Delivered a.Mulch product to be as specified above. b.Mulch to be supplied in two (2) cubic foot bags. Bags to be water-resistant, delivered on pallets. There shall be no charge for pallets pending their return. Bidder to state number of bags per pallet. c.Delivered, pallets unloaded. 4.Mulch, Bulk, Installed a.Mulch product to be as specified above. b.The Contractor must have the ability to install a minimum of twenty (20) cubic yards within an eight (8) hour period. The Contractor shall be fully responsible for the performance of its company/firm and completion of all work as outlined in these specifications. The Contractor shall employ sound horticultural practices and methods standard in the industry. Supervision of personnel shall be conducted in a competent and professional manner. All personnel shall wear uniforms bearing the company/firm name and all vehicles shall be likewise identifiable. When working in traffic arterial medians, personnel are required to wear safety vests. Proper safety signage, such as “Men Working Ahead”, cones, flagmen or other warning devices shall be used to alert motorists of work in the area. All signs shall be temporary and must be in accordance with the Florida Department of Transportation’s Manual on Uniform Traffic Control Devices and Safe Practices. OSHA standards shall be 211 Page 12 of 29 utilized where applicable. Installed price must include M.O.T. on roadways. Any damage to public and/or private property, including the road, facilities, services, utilities, irrigation lines, or vegetation caused by the action of the Contractor shall be repaired or replaced at the expense of the Contractor to the satisfaction of the customer. Failure to restore said property within three (3) working days following notification will result in a deduction from the vendor’s invoice of customer expenses incurred through the execution of appropriate labor, material, and equipment use or rental to restore the property to its original condition. All equipment shall be maintained in an efficient and safe operating condition while performing work under the Contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City shall direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the customer. The Contractor shall be responsible and liable for injury to persons caused by the operation of the equipment. c.Installation Specifications The Contractor shall be fully responsible for confirming the amount of mulch needed, coordinating delivery to the site, and for all transportation costs. The Contractor must coordinate all work with the designated customer contact. The designated customer contact reserves the right to inspect each truckload of material that is delivered to the job site prior to the material being unloaded. The Contractor shall meet with the designated customer contact prior to installation in order to discuss unusual needs in the area of work to be performed that day. Mulch shall be uniformly distributed at a minimum depth of three inches (3”) to a maximum depth of four inches (4”) around all trees and shrubs within the maintenance area. Mulch shall extend outward for a minimum of two feet (2’) to a maximum of four feet (4’), from all shrubs and trees. A three to six-inch (3”- 6”) band, free of mulch, shall be maintained around the tree trunks and shrubs. Mulch shall be pulled back from the base of shrubs and groundcovers. Mulching shall be completed within thirty (30) calendar days following receipt of order unless otherwise specified on written purchase order. Should the Contractor encounter any problems that might cause a delay in 212 Page 13 of 29 mulch installation, it shall notify the designated customer contact within two (2) hours. Sidewalks, paved areas, and sodded areas shall be left free of mulch at time of job completion. 5.Melaleuca Mulch Specifications a.During processing, raw materials shall be stacked and stored in curing piles for no less than 120 days. b.Mulch shall be made entirely from the above ground portion wood and bark of the Melaleuca Quinquenervia Tree. It shall not contain more than 10% (by volume) bark and shall not contain roots or root pieces. Shreds and chips shall not be larger than 3/4 inch diameter and 1 1/2 inch in length. Mulch shall be free of weed seeds, soil and on other organic or inorganic material. c.Prior to its final processing, mulch will have been inspected and certified by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, as free of burrowing nematodes. All proofs of delivery shall bear the official State of Florida stamp of inspection and verification. d.Melaleuca mulch to be supplied in bulk, and in two (2) cubic foot bags. Bags to be water-resistant, delivered on pallets. There shall be no charge for pallets pending their return. Bidder to state number of bags per pallet. 6.Rubber Mulch Specifications a.For playground use, meeting Americans with Disabilities Act (ADA) and American Society for Testing and Materials (ASTM) standards. Various standard colors. b.To be furnished in “super sacks”, 2,000 pounds per sack. 7.Certified Playground Safety Wood Chips Specifications a.Mulch shall be made entirely from Pine and other Hardwoods and shall be free of sand, dirt, CCA treated lumber, seed, and other foreign matter. Shreds and chips shall not be larger than 3/4-inch diameter and 1 1/2 inch in length. Must meet all the requirements of ASTM F1292 for safety, F2075 for purity, and F1951 for wheelchair access. All testing certified by the International Play Equipment Manufacturers Association (IPEMA). 213 Page 14 of 29 Mulch shall be delivered in bulk. If installation is requested, delivery trucks must be capable of installing mulch into playground areas through use of hoses attached to blown in place systems on the trucks. b.Installation of Playground Chips Mulch shall be installed by being blown into place through hoses connected to the delivery truck. The contractor shall be fully responsible for confirming the amount of mulch installed, coordinating delivery to the site, and for all transportation costs. The Contractor must coordinate all work with the designated customer contact. The designated customer contact reserves the right to inspect each truckload of material that is delivered to the job site prior to the material being unloaded. The Contractor shall meet with the designated customer contact prior to installation in order to discuss unusual needs in the area of work to be performed that day. Mulch shall be uniformly distributed in the playground area, to bring the upper surface to the height designated by the designated customer contact. The designated customer contact will designate the depth and/or cubic yards to be installed at each location. Access to playgrounds may be limited. Trucks must have sufficient length of hose to provide installation to an area 250 feet from truck. 8.Fibar Engineered Wood Fiber (EWF) Specifications a.Fibar is made only from virgin wood. Fibar EWF meets all the requirements of ASTM F1292 for safety, F2075 for purity, and F1951 for wheelchair access. All testing certified by the International Play Equipment Manufacturers Association (IPEMA). Fibar is to be delivered in bulk, or installed, as requested. All installation specifications detailed herein apply to this product. Fibar is manufactured by The Fibar Group, LLC; contact information: info@fibar.com, telephone (800) 342-2721, 80 Business Park Drive, Armonk, New York, 10504. L.Relevant Project Experience For mulch installation, Bidders shall show specific project experience as a Prime Contractor for a minimum of three projects within the last three years of similar or greater complexity and cost. Reference contact information must be furnished for all mulching projects claimed as relevant experience under this requirement including: Project Name, 214 Page 15 of 29 the customer for whom the project was done, total project cost, when the project commenced and was completed, project manager with phone number. Include reference information with bid. IPEMA certification shall be submitted with bid. M.Insurance Contractor shall not commence services under the resulting Contract until certification or proof of insurance detailing terms and provisions have been received and approved in writing by the City’s Risk Manager. If you are responding to this ITB and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Division of the General Services Department at (954) 786-4098. If the Contract has already been awarded, please direct any inquiries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/Contract. Contractor is responsible to deliver to the City for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the City as an additional insured on all such coverage. Such policy or policies shall be issued by United States Treasury approved companies/firms authorized to do business in the State of Florida. The policies shall be written on forms acceptable to the City’s Risk Manager, meet a minimum financial A.M. Best and Company rating of no less than Excellent, and be part of the Florida Insurance Guarantee Association Act. No changes are to be made to these specifications without prior written approval of the City’s Risk Manager. Throughout the term of the Contract, the City, by and through its Risk Manager, reserves the right to review, modify, reject or accept any insurance policies required by this Contract, including limits, coverages or endorsements. City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally. Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as the City’s review or acceptance of insurance maintained by the Contractor, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by the Contractor under the resulting Contract. Throughout the term of the Contract, the Contractor and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements: 1.Worker’s Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company/firm (number of employees) or the state in which the work is to be performed or of the state in which the Contractor is obligated to pay compensation to employees engaged in the performance of the work. The Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. 215 Page 16 of 29 2.Liability Insurance. (a)Naming the City of Pompano Beach as an additional insured as City’s interests may appear, on General Liability Insurance only, relative to claims which arise from the Contractor’s negligent acts or omissions in connection with the Contractor’s performance under this Contract. (b)Such Liability Insurance shall include the following checked types of insurance and indicated minimum policy limits. Type of Insurance Limits of Liability GENERAL LIABILITY: Per Occurrence Aggregate * Policy to be written on a claims occurrence basis $1,000,000 $2,000,000 XX comprehensive form bodily injury and property damage __ premises - operations bodily injury and property damage explosion & collapse hazard underground hazard XX products/completed bodily injury and property damage combined operations hazard XX contractual insurance bodily injury and property damage combined XX broad form property damage bodily injury and property damage combined XX Independent Contractors personal injury XX personal injury __ CG2010 ongoing operations (or its’ equivalent) __ CG 2037 completed operations (or its’ equivalent) __ sexual abuse/molestation Minimum $1,000,000 Per Occurrence and Aggregate --------------------------------------------------------------------------------------------------------------------- AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined. XX comprehensive form XX owned XX hired XX non-owned --------------------------------------------------------------------------------------------------------------------- REAL & PERSONAL PROPERTY * Policy to be written on a claims occurrence basis 216 Page 17 of 29 __ comprehensive form Agent must show proof it has this coverage. --------------------------------------------------------------------------------------------------------------------- EXCESS / UMBRELLA LIABILITY Per Occurrence Aggregate * Policy to be written on a claims occurrence basis excess/umbrella bodily injury and $5,000,000 $5,000,000 property damage combined --------------------------------------------------------------------------------------------------------------------- PROFESSIONAL LIABILITY Per Occurrence Aggregate * Policy to be written on a claims made basis professional liability $1,000,000 $1,000,000 --------------------------------------------------------------------------------------------------------------------- (c)If Professional Liability Insurance is required, Bidder agrees the indemnification and hold harmless provisions of the Contract shall survive the termination or expiration of the Contract for a period of three (3) years unless terminated sooner by the applicable statute of limitations. --------------------------------------------------------------------------------------------------------------------- ENVIRONMENTAL / POLLUTION LIABILITY Per Occurrence Aggregate * Policy to be written on a claims-made basis __ environmental/pollution liability $1,000,000 $1,000,000 --------------------------------------------------------------------------------------------------------------------- CYBER LIABILITY Per Occurrence Aggregate * Policy to be written on a claims occurrence basis $1,000,000 $1,000,000 __ Network Security / Privacy Liability __ Breach Response / Notification Sublimit (minimum limit of 50% of policy aggregate) __ Technology Products E&O - $1,000,000 (only applicable for vendors supplying technology related services and or products) __ Coverage shall be maintained in effect during the period of the Contract and for not less than four (4) years after termination/ completion of the Contract. --------------------------------------------------------------------------------------------------------------------- 3.Employer’s Liability. Contractor and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate. 217 Page 18 of 29 4.Policies: Whenever, under the provisions of the Contract, insurance is required of the Contractor, the Contractor shall promptly provide the following: a)Certificates of Insurance evidencing the required coverage; b)Names and addresses of firms providing coverage; c)Effective and expiration dates of policies; and d)A provision in all policies affording City thirty (30) days written notice by a carrier of any cancellation or material change in any policy. 5.Insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company/firm shall provide thirty (30) days written notice to the City. 6.Waiver of Subrogation. Contractor hereby waives any and all right of subrogation against the City, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss Contract to waive subrogation without an endorsement, then, Contractor shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an Contract on a pre-loss basis. The certification or proof of insurance must contain a provision for notification to the City ten (10) days in advance of any material change in coverage or cancellation. The Contractor shall furnish to the City the certification or proof of insurance required by the provisions set forth above, within ten (10) days after notification of award of Contract. Certificate(s) to be issued to City of Pompano Beach, Attention Risk Manager, 100 West Atlantic Boulevard, Pompano Beach, Florida, 33060. N.Questions And Communication All questions regarding the ITB are to be submitted using the Questions feature in the eBid System. Questions must be received at least two (2) calendar days before the scheduled ITB opening. Oral and other interpretations or clarifications will be without legal effect. Addenda will be posted to the ITB in the eBid System, and it is the Bidder’s responsibility to obtain all addenda before submitting a response to the ITB. 218 Page 19 of 29 SECTION II - GENERAL CONDITIONS 1. Submission and Receipt of Bids 1.1. Bidders must use the forms furnished by the City. 1.2. Bids must submit their response via the eBid System. 1.3. It will be the sole responsibility of the bidder to have their bid submitted via the eBid system before the closing hour and date shown for receipt of bids. 1.4. Bidder’s response shall not contain any alternation to the document posted other than entering data in spaces provided or including attachments as necessary. 1.5. By submission of a response, Bidder affirms that a complete set of bid documents was obtained from the eBid System and no alteration of any kind has been made to the solicitation. 1.6. Late bids will not be considered. 1.7. Bids transmitted by email or facsimile will not be accepted. 2. Completion of Bid Forms Bidder is to enter information into the eBid System and upload any required attachments and forms as specified in the solicitation. 3. Electronic Signature Bidder acknowledges that the user identification, password, entry of the user’s full name, and entry of the user’s email address serves as their unique electronic signature for all bid responses and submissions as provided by 668.001, Fla. Stat. et. seq. Bidder further agrees that only individuals with signature authority will submit a response. 4. Prices to be Firm Bidder certifies that prices, terms and conditions in the bid will be firm for acceptance for a period of ninety (90) days from the date of bid opening unless otherwise stated by the City. Bids may not be withdrawn before the expiration of ninety (90) days. Prices shall be firm, with no escalator clauses unless specified by the City. Bids may be withdrawn after ninety (90) days only upon written notification to the City. 5. Extensions If there is an error in extensions (mathematical calculations), unit prices will prevail. 6. Delivery 6.1. All items are to be bid F.O.B. delivered with freight charges prepaid and included, to designated addresses as specified by the City on its purchase order(s) or in letter(s) of authorization. 6.2. Bidder must state specific number of calendar days required for delivery of each item bid in attribute in the eBid System for consideration of award of this bid. 6.3. Delivery time will be a factor for any orders placed as a result of this bid. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if delivery is not made within the time(s) specified herein and hold the vendor in default. (See Section 10.) 7. Electronic Bid Considered an Offer This electronic bid submitted via the eBid System is considered an offer on the part of the bidder, which offer shall be considered accepted upon approval by the City Commission of the City of Pompano Beach (if required). The City of Pompano Beach will issue a purchase order or a letter of authorization to the successful bidder, as authorization for delivery of the items awarded subject to requirements of detailed specifications and those contained herein. In the event of default on the part of the bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific performance. 8. Quality All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality and highest grade workmanship unless otherwise specified in this bid by the City. 9. Brand Names Whenever proprietary names are used, (whether or not followed by the words "or approved equal"), the item(s) will be subject to acceptance and/or approval by authorized City personnel, and said personnel will deem it their prerogative to select the item(s) which are lowest bid, item by item, meeting specifications from the information furnished by the bidder with the bid and/or sample inspection or testing of the item(s) called for herein. 10. Default Provisions In the event of default by the bidder, the City reserves the right to procure the item(s) bid from other sources and will hold the bidder responsible for excess costs incurred as a result. A contractor who defaults on a City contract may be banned from doing business with the City for a period of 36 months from the date of default. 11. Samples Samples, when requested, must be furnished at, or before, bid opening, (unless otherwise specified), and will be delivered at no charge to the City. If not used and/or destroyed in testing, said sample(s) will, at bidder's request, be returned within thirty (30) days of bid award at bidder's expense. If requested by the City, samples and/or inspection of like items are to be made available in the southeast Florida area. 12. Acceptance of Materials The material delivered as a result of this bid shall remain the property of the seller until a physical inspection and actual usage of the item(s) is made and thereafter deemed acceptable to the satisfaction of the City, in compliance 219 Page 20 of 29 with the terms and specifications contained herein. In the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the item(s) to the seller at the seller's expense. 13. Manufacturers' Certifications The City reserves the right to obtain separate manufacturer certification of all statements made in the bid. 14. Copyrights and Patent Rights Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this bid, and successful bidder agrees to hold the City harmless from any and all liability, loss or expense by any such violation. 15. Laws and Regulations All applicable laws and regulations of the Federal government, the State of Florida, and ordinances of the City of Pompano Beach will apply to any resulting bid award. 16. Taxes The City of Pompano Beach is exempt from any taxes imposed by the State and Federal government. Exemption certificates will be provided upon request. State sales tax exemption certificate #85 8012621672C- 6 and Federal exemption tax #59 74 0083K apply and appear on each purchase order. 17. Conflict of Instructions If a conflict exists between the General Conditions and instructions contained herein, and the Specific Conditions and instructions contained herein, the specifics shall govern. 18. Exceptions to Specifications For purposes of evaluation, bidder must indicate any exception to the specifications, terms, and/or conditions, no matter how minor. This includes any agreement or contract forms supplied by the bidder that are required to be signed by the City. If exceptions are not stated by the bidder, in his bid, it will be understood that the item(s)/services fully comply with the specifications, terms and/or conditions stated by the City. Exceptions are to be listed by the bidder on an attachment included with his bid. The City will not determine exceptions based on a review of any attached sales or manufacturer's literature. 19. Warranties The City of Pompano Beach will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the product(s) offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the bid. 20. Retention of Records and Right to Access Clause The successful bidder shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five (5) years after termination of this contract; or if an audit has been initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be retained until resolution of audit finding. 21. Qualifications/Inspection Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder’s ability to perform. The General Services Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 22. Anti-collusion Statement By submitting this bid, the bidder affirms that this bid is without previous understanding, agreement, or connection with any person, business, or corporation submitting a bid for the same materials, supplies, or equipment, and that this bid is in all respects fair, and without collusion or fraud. Additionally, bidder agrees to abide by all conditions of this bid and certifies that they have the legal authority to submit this bid on behalf of the named Bidder. In submitting a bid to the City of Pompano Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Pompano Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Pompano Beach. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the bidder. 23. Indemnification Contractor covenants and agrees that it will indemnify and hold harmless the City and all of the City's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action, neglect or omission by contractor during the performance of the contract, whether direct, or indirect, and whether to any person or property to which the City of said parties may be subject, except that neither the contractor nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of City or any of its officers, agents, or employees. 24. Reservation for Rejections and Award The City reserves the right to accept or reject any or all bids or parts of bids, to waive irregularities and technicalities, and to request re-bids. The City also reserves the right to award the contract on such items the City deems will best serve the interests of the City. The 220 Page 21 of 29 City further reserves the right to award the contract on a "split order" basis, or such combination as shall best serve the interests of the City unless otherwise specified. 25. Interpretations Any questions concerning the conditions and specifications contained in this bid should be submitted in writing and received by the Purchasing Division no later than seven (7) calendar days prior to the bid opening. The City of Pompano Beach shall not be responsible for oral interpretations given by any City personnel or representative or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. 26. Failure to Respond If you elect not to bid, please return enclosed "Statement of No Response" form by the bid due date, and state your reason(s) for not bidding. Failure to respond, either by submitting a bid, or by submitting a "Statement of No Response" form, may result in your name being removed from our notification list. 27. Bid Tabulations Tabulations are posted to the Purchasing page of the City’s website. Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self addressed envelope with their bid, or by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 28. Assignment Successful bidder may not assign or transfer this contract, in whole or part, without prior written approval of the City of Pompano Beach. 29. Termination for Convenience of City Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the successful bidder, the City may without cause and without prejudice to any other right or remedy, terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for the convenience of the City the notice of termination to the successful bidder must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of the termination. Upon receipt of such notice, the contractor shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub-contractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 30. Public Entity Crimes In accordance with Florida State Statute 287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded 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 s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 31. Governing Procedures This bid is governed by the applicable sections of the City's General Services Procedures Manual. A copy of the manual is available for review at the City Purchasing office. 32. Identical Tie Bids In accordance with Section 287.087, State of Florida Statutes, 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 for the procurement of commodities or contractual service, 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 employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 221 Page 22 of 29 6) Make a good faith effort to continue to maintain a drug- free workplace through implementation of this section. 33. Invoicing/Payment All invoices should be sent to City of Pompano Beach, Accounts Payable, P.O. Drawer 1300, Pompano Beach, Florida, 33061. In accordance with Florida Statutes, Chapter 218, payment will be made within 45 days after receipt of merchandise and a proper invoice. The City will attempt to pay within fewer days if bidder offers a payment discount. The City cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. 34. Optional Contract Usage As provided in Section 287.042(17), Florida Statutes, State of Florida agencies may purchase from a contract resulting from this solicitation, provided the Department of Management Services, Division of Purchasing, has certified its use to be cost effective and in the best interest of the State. Contractor(s) may sell such commodities or services certified by the Division to State of Florida agencies at the contractor’s option. 35. Non Discrimination There shall be no discrimination as to race, color, religion, gender, national origin, ancestry, and physical or mental disability in the operations conducted under this contract. Included as applicable activities by the contractor under this section are the solicitation for, or purchase of, goods or services, or the subcontracting of work in performance of this contract. 36. Notice To Contractor The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 37. Costs Incurred by Bidders All expenses associated with the preparation and/or presentation and submission of bids to the City, or any work performed in connection therewith, shall be the sole responsibility of the Bidder and shall not be reimbursed by the City. 38. Public Records 1) Any material submitted in response to this solicitation will become a public document pursuant to Section 119.071, Florida Statutes. This includes material which the responding bidder/proposer might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.071, Florida Statutes. 2.1) The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; b. Upon request from the City’s custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City; d. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 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. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN 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 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodian@copbfl.com 2.2) The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth herein. 222 Page 23 of 29 SECTION III – BID LINE ITEM PRICING BID LINE ITEM PRICING MUST BE SUBMITTED ELECTRONICALLY USING THE CITY’S EBID SYSTEM. Group 1: Broward County Line Item Quantity Description Unit Price Total 1 A 2,507 cubic yards mulch, bulk, delivered, red $________/cy $_______ # of yards per truckload: _________________________________ minimum order: ________________________________________ 2 B 5,650 cubic yards mulch, bulk, delivered, brown $________/cy $________ # of yards per truckload: _________________________________ minimum order: ________________________________________ 3 C 168 cubic yards mulch, bulk, delivered, gold $________/cy $_______ # of yards per truckload: _________________________________ minimum order: ________________________________________ 4 D 4,066 cubic yards mulch, bulk, delivered, Melaleuca $________/cy $________ # of yards per truckload: _________________________________ minimum order: ________________________________________ 5 E 5,000 bags mulch, bagged, delivered, red $________/bag $________ # of bags per pallet: _____________________________________ minimum order: ________________________________________ 223 Page 24 of 29 6 F 6,040 bags mulch, bagged, delivered, brown $________/bag $________ # of bags per pallet: _____________________________________ minimum order: ________________________________________ 7 G 3,000 bags mulch, bagged, delivered, gold $________/bag $________ # of bags per pallet: _____________________________________ minimum order: ________________________________________ 8 H 21,270 bags mulch, bagged, delivered, Melaleuca $________/bag $________ # of bags per pallet: _____________________________________ minimum order: ________________________________________ 9 I 30 super sacks mulch, rubber, bagged, delivered $________/super sack $_______ # of bags per pallet: _____________________________________ minimum order: ________________________________________ 10 J 6,580 cubic yards engineered wood fiber, bulk, installed $________/cy $________ minimum order: ________________________________________ 11 K 6,020 cubic yards playground safety wood chips, bulk, installed $________/cy $________ minimum order: _______________________________________ 12 L 5,400 cubic yards mulch, bulk, installed, red, per cubic yard $________/cy $_______ minimum order: _______________________________________ 224 Page 25 of 29 13 M 5,400 cubic yards mulch, bulk, installed, brown, per cubic yard $________/cy $________ minimum order: ________________________________________ 14 N 2,550 cubic yards mulch, bulk, installed, gold, per cubic yard $________/cy $________ minimum order: ________________________________________ Group 2: Miami-Dade County Line Item No. Quantity Description Unit Price Total 1 A 100 cubic yards mulch, bulk, delivered, red $________/cy $_______ # of yards per truckload: ____________________________ minimum order: ___________________________________ 2 B 900 cubic yards mulch, bulk, delivered, brown $________/cy $_______ # of yards per truckload: ____________________________ minimum order: ___________________________________ 3 C 100 cubic yards mulch, bulk, delivered, gold $________/cy $_______ # of yards per truckload: ____________________________ minimum order: ___________________________________ 4 E 17,000 bags mulch, bagged, delivered, red $________/bag $_______ # of bags per pallet: ________________________________ minimum order: ___________________________________ 5 F 8,440 bags mulch, bagged, delivered, brown $________/bag $_______ # of bags per pallet: ________________________________ minimum order: ___________________________________ 225 Page 26 of 29 6 G 1,000 bags mulch, bagged, delivered, gold $________/bag $_______ # of bags per pallet: ________________________________ minimum order: ___________________________________ 7 K 550 cubic yards Playground Safety Wood Chips, bulk, installed $________/cy $_______ minimum order: ___________________________________ 8 M 500 cubic yards mulch, bulk, installed, brown $________/cy $_______ minimum order: ___________________________________ Group 3: Palm Beach County Line Item Quantity Description Unit Price Total 1 A 11,300 cubic yards mulch, bulk, delivered, red $________/cy $________ # of yards per truckload: _____________________________ minimum order: ____________________________________ 2 B 800 cubic yards mulch, bulk, delivered, brown $________/cy $________ # of yards per truckload: _____________________________ minimum order: ____________________________________ 3 C 15,000 cubic yards mulch, bulk, delivered, gold $________/cy $________ # of yards per truckload: _____________________________ minimum order: ____________________________________ 4 D 1,000 cubic yards mulch, bulk, delivered, Melaleuca $________/cy $________ # of yards per truckload: _____________________________ 226 Page 27 of 29 minimum order: _______________________________________ 5 E 1660 bags mulch, bagged, delivered, red $________/bag $________ # of bags per pallet: _________________________________ minimum order: ____________________________________ 6 F 2,160 bags mulch, bagged, delivered, brown $________/bag $________ # of bags per pallet: _________________________________ minimum order: ____________________________________ 7 J 5,700 cubic yards Engineered Wood Fiber, bulk, installed $________/cy $________ minimum order: ____________________________________ 8 K 800 cubic yards Playground Safety Wood Chips, bulk, installed $________/cy $________ minimum order: ____________________________________ 9 L 5,000 cubic yards mulch, bulk, installed, red $________/cy $________ minimum order: ____________________________________ 10 M 1,500 cubic yards mulch, bulk, installed, brown $________/cy $________ minimum order: ____________________________________ 11 N 50 cubic yards mulch, bulk, installed, gold $________/cy $________ minimum order: ____________________________________ 227 Page 28 of 29 ATTRIBUTES REQUESTED INFORMATION BELOW IS ON THE ATTRIBUTES TAB FOR THE BID IN THE EBID SYSTEM. PROVIDE THIS INFORMATION ELECTRONICALLY. Acknowledgment of the following Addenda is noted: Addendum Number(s)______________________ Date(s) Issued ______________________ Delivery time after receipt of order _____________ calendar days. If awarded the Contract resulting from this bid, will your company/firm agree to sell additional items at the awarded Contract price? If so state the time period in calendar days applicable for such additional purchases: __________________________ If awarded the Contract resulting from this bid, will your company/firm agree to extend the same prices, terms and conditions to other governmental entities? (Note -- Optional, Agreement not required for Contract award.) Yes_____ No_____ VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: ______________________________________________________ Vendor FEIN: ________________________________________________________________ Section 215.4725, Florida Statutes, prohibits agencies from contracting (at any dollar amount) with companies on the Scrutinized Companies that Boycott Israel List, or with companies that are engaged in a boycott of Israel. As the person authorized to sign electronically on behalf of Respondent, I hereby certify by selecting the box below that the company/firm responding to this solicitation is not listed on the Scrutinized Companies that Boycott Israel List. I also certify that the company/firm responding to this solicitation is not participating in a boycott of Israel, and is not engaged in business operations in Syria or Cuba. I understand that pursuant to sections 287.135 and 215.4725, Florida Statutes, the submission of a false certification may subject company/firm to civil penalties, attorney’s fees, and/or costs. I Certify 228 Page 29 of 29 Conflict of Interest: For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee of their business. Indicate either "Yes" (a City employee is also associated with your business), or "No". (Note: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.) Yes ____ No ____ Drug-Free Workplace: Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, 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. If Bidder's company/firm has a Drug-free Workplace Program as outlined in General Conditions, section 32., so certify below: Bidder has a drug-free workplace program? Yes ____ No _____ 229 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 11/ 7/2023 Meeting Date: 11/ 7/2023 East Coast Mulch- Annual Expenditure. Requested Action: Approve an annual expenditure for East Coast Mulch in the amount of $150,000 for parks, playgrounds, medians, and various City buildings/facilities utilizing the Southeast Governmental Purchasing Cooperative Group contract award #E-28-23 for the period of the contract, which expires on September 25, 2024. The City of Boynton Beach is a participating cooperative group agency. Explanation of Request: The Public Works Department is requesting an annual expenditure in the amount of $150,000 with vendor East Coast Mulch for parks, medians, playgrounds, and various City buildings/facilities where mulch is needed, utilizing the Southeast Governmental Purchasing Cooperative Group, lead agency is City of Pompano Beach Contract E-28-23. The City of Boynton Beach participates in the SE Florida Governmental Purchasing Cooperative Group to secure goods and services at competitive pricing due to the quantities required for multiple municipalities. In addition the cooperative purchasing allows all of the participating Cities to seek economies of scale. The City will assign East Coast Mulch to blow in mulch at the City parks, playgrounds, and various City buildings/facilities. The playgrounds must have ADA mulch in order to be compliant and uphold safety standards. The City parks will be mulched to maintain weed control and enhance aesthetics. How will this affect city programs or services? This will assist in enhancing the City’s aesthetics and the City’s preventative maintenance programs in regards to mulching and playground surfacing. Fiscal Impact: This has been budgeted within the Parks and Grounds Division. Attachments: Southeast Florida Governmental Contract E-28-23 - Exp 09-25-24.pdf 230 231 232 233 234 Event Number E-28-23 Event Title MULCH Event Type ITB Issue Date 9/8/2023 12:32:19 AM (ET) Close Date 9/14/2023 02:00:00 PM (ET) Responding Supplier City State Response Submitted Lines Responded FWR,LLC Medley FL 9/14/2023 01:41:58 PM (ET)17 East Coast Mulch Jupiter FL 9/13/2023 11:03:10 AM (ET)* Advanced Mulch, Inc.Palm Beach Gardens FL 9/13/2023 12:30:11 PM (ET)** IAMWHOIAM, LLC Pompano Beach FL 9/14/2023 01:44:19 PM (ET)33 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. **Advanced Mulch declined to renew. 235 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 1 Group 1: Broward County 1 EA 1.1 Item A: Mulch, bulk, delivered, red 2507 CY 30.00 $75,210.00 $27.81 $69,719.67 ****$35.50 $88,998.50 1.2 Item B: Mulch, bulk, delivered, brown 5650 CY 30.00 $169,500.00 $27.81 $157,126.50 ****$35.50 $200,575.00 1.3 Item C: Mulch, bulk, delivered, gold 168 CY 31.80 $5,342.40 $33.99 $5,710.32 ****$35.50 $5,964.00 1.4 Item E: Mulch, bagged, delivered, red 17000 bags 2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 1.5 Item F: Mulch, bagged, delivered, brown 6040 bags 2.50 $15,100.00 No Bid No Bid $3.35 $20,234.00 1.6 Item G: Mulch, bagged, delivered, gold 3000 bags 2.50 $7,500.00 No Bid No Bid $3.35 $10,050.00 1.7 Item H: Mulch, bagged, delivered, Melaleuca 21270 bags No Bid No Bid No Bid $3.35 $71,254.50 1.8 Item I: Mulch, rubber, bagged, delivered, supersacks 30 each No Bid No Bid No Bid $1,000.00 $30,000.00 1.9 Item J: Engineered wood fiber, bulk, installed per cubic yards 6580 CY No Bid $49.44 $325,315.20 No Bid $152.50 $1,003,450.00 1.10 Item K: Playground safety wood chips, bulk, installed per cubic yards 6020 cy No Bid No Bid ****$152.50 $918,050.00 1.11 Item L: mulch, bulk, installed, red, per cubic yard 20020 CY No Bid $30.90 $618,618.00 ****$105.00 $2,102,100.00 1.12 Item M: mulch, bulk, installed, brown, per cubic yard 5400 CY No Bid $30.90 $166,860.00 ****$105.00 $567,000.00 1.13 Item N: mulch, bulk, installed, gold, per cubic yard 2550 CY No Bid $30.90 $78,795.00 ****$105.00 $267,750.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 236 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 2 Group 2: Miami-Dade County 1 EA 2.1 Item A: Mulch, bulk, delivered, red 100 CY $30.00 $3,000.00 $36.05 $3,605.00 No Bid $35.50 $3,550.00 2.2 Item B: Mulch, bulk, delivered, brown 900 CY $30.00 $27,000.00 $36.05 $32,445.00 No Bid $35.50 $31,950.00 2.3 Item C: Mulch, bulk, delivered, gold 100 CY $30.00 $3,000.00 $43.26 $4,326.00 No Bid $35.50 $3,550.00 2.4 Item D: Mulch, bulk, delivered, Melaleuca 4066 CY No Bid $36.05 $146,579.30 No Bid $40.50 $164,673.00 2.5 Item E: Mulch, bagged, delivered, red 17000 bags $2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 2.6 Item F: Mulch, bagged, delivered, brown 8440 bags $2.50 $21,100.00 No Bid No Bid $3.35 $28,274.00 2.7 Item G: Mulch, bagged, delivered, gold 1000 bags $2.50 $2,500.00 No Bid No Bid $3.35 $3,350.00 2.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 550 cy No Bid $77.25 $42,487.50 ****$155.00 $85,250.00 2.9 Item M: mulch, bulk, installed, brown, per cubic yard 500 CY No Bid $72.10 $36,050.00 No Bid $105.00 $52,500.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC IAMWHOIAM, LLC **Advanced Mulch declined to renew. 237 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 3 Group 3: Palm Beach County 1 EA 3.1 Item A: Mulch, bulk, delivered, red 11300 CY $32.00 $361,600.00 $27.81 $314,253.00 ****$35.50 $401,150.00 3.2 Item B: Mulch, bulk, delivered, brown 800 CY $32.00 $25,600.00 $27.81 $22,248.00 ****$35.50 $28,400.00 3.3 Item C: Mulch, bulk, delivered, gold 15000 CY $32.00 $480,000.00 $36.05 $540,750.00 ****$35.50 $532,500.00 3.4 Item D: Mulch, bulk, delivered, Melaleuca 1000 CY No Bid $27.81 $27,810.00 No Bid $40.50 $40,500.00 3.5 Item E: Mulch, bagged, delivered, red 1660 bags $2.70 $4,482.00 No Bid No Bid $3.35 $5,561.00 3.6 Item F: Mulch, bagged, delivered, brown 2160 bags $2.70 $5,832.00 No Bid No Bid $3.35 $7,236.00 3.7 Item J: Engineered wood fiber, bulk, installed per cubic yard 5700 CY No Bid $49.44 $281,808.00 No Bid $155.00 $883,500.00 3.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 800 cy No Bid No Bid ****$155.00 $124,000.00 3.9 Item L: mulch, bulk, installed, red, per cubic yard 5000 cy No Bid $30.90 $154,500.00 ****$102.50 $512,500.00 3.10 Item M: mulch, bulk, installed, brown, per cubic yard 1500 CY No Bid $30.90 $46,350.00 ****$105.00 $157,500.00 3.11 Item N: mulch, bulk, installed, gold, per cubic yard 50 CY No Bid $39.14 $1,957.00 ****$105.00 $5,250.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*Advanced Mulch Inc**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 238 Lines Attribute Name FWR,LLC East Coast Mulch*Advanced Mulch, Inc.IAMWHOIAM, LLC 1 Delivery Time After Receipt of Order 10 4 7 3 2 Additional Items at Awarded Contract Price 90 4 7 60 3 Extension of prices, terms and conditions to other governmental entities Yes Yes Yes Yes 4 Conflict of Interest No No No No 5 Drug-Free Workplace Yes Yes Yes Yes 6 Vendor Certification Regarding Scrutinized Companies Lists (Any Dollor Amount)Certified Certified Certified Certified 7 Acknowledgement of Addenda Yes Yes Yes Yes 8 Terms & Conditions Agree Agree Agree Agree 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 100 yard min 60 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards **Advanced Mulch declined to renew. *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. 239 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 09/23/2024 Meeting Date: 09/23/2024 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. Requested Action: Staff recommends approval of 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. 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 Fortline Inc., Core & Main Annual Supply of Brass Fittings and Accessories City of Boynton Beach Bid No. WH22-047 October 17, 2024 - October 16, 2025 Annual Estimated Expenditure $250,000 Fortline Inc., Core & Main Annual Supply of Pipe Fittings and Accessories City of Boynton Beach Bid No. WH22-048 October 5, 2024 - October 4, 2025 Annual Estimated Expenditure $250,000 Mullings Engineering Services, Inc.; Odums, Sod Inc. Sod and Sod Installation Services City of Boynton Beach Bid No. CW22- 027 (SE FL Government Purchasing Co-op Bid) October 1, 2024 - September 30, 2025 Annual Estimated Expenditure $150,000 240 Sunset Sod, Inc.Sod and Sod Installation Services City of Boynton Beach Bid No. CW22- 027 (SE FL Government Purchasing Co-op Bid) October 1, 2024 - September 30, 2025 In accordance with the General Conditions for Bidder Section – Article 40. PRICES, TERMS, AND PAYMENT within the Bid Document the vendor has requested to exercise its right to increase its costs for sod per square foot following the All Urban Consumers Price Index (CPI-U). The vendor requests an increase in its costs per sod square foot. Staff recommends approval of the rate increases. Staff recommends approval of the rate increases 241 East Coast Mulch Mulch Piggyback City of Pompano Beach Contract #E-28-23 Cooperative Bid COBB # PW24-016 September 26, 2024 - September 25, 2025 Annual Estimated Expenditure $100,000 Juniper Landscaping of Florida, LLC Athletic Field Maintenance Piggyback the City of Hollywood, Florida Agreement # PA600356 COBB # REC22-011 May 20, 2024 - May 19, 2025 Annual Estimated Expenditure $400,000 TRISTAR Claims Management Services, Inc. Third Party Administrator for Workers Comp, Employer Liability, Property and Liability Piggyback Board of County Commissioners Lake County, Florida Contract # 23-524 City of Boynton Beach Contract # HR24-014 October 1, 2024 - December 18, 2026 Annual Estimated Expenditure $1,375,000 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. Attachments: $100K over REQUEST FOR BID EXTENSIONS September 23 2024 Report - Exhibit A.docx Core & Main - Brass Fittings Fortiline Inc. - Brass Fittings Core and Main - Pipe Fittings Fortiline Inc. - Brass Fittings Renewal Interest Letter - Mullings Engineering Services Inc - 24-25 Signed.pdf Renewal Interest Letter - Odums Sod Inc 24 - 25 Signed.pdf Sunset Sod, Inc. - Renewal Interest Letter & Letter Request Rates Increase - 24-25 - Signed Sunset Sod, inc. - Old Pricing from 2022 thru 10.2024 Sunset Sod, Inc. - Renewal Request - New Rates for 2024-2025 East Coast Mulch - Pembroke Pines Co-op Contract #E-28-23 - Renewal for 2024 - 2025 East Coast Mulch Co-op Contract #E-28-23 Tabulation Renewal Rates 1 - 2024-2025 R-2024-119 Juniper Landscaping Renewal-1.pdf Tristar Claims Management Svs - 23-524 renewal -2026.pdf 242 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-278- Approve and authorize the issuance of Purchase Orders for the purchase of vehicles and equipment scheduled in the FY2025/2026 replacement budget, and permit the use of these same contracts for additional purchases as needed (e.g., totaled vehicles, mid-year position additions), by utilizing various Florida Sheriff's Association Contracts, Sourcewell Contracts, the Florida State Term Contract (Alan Jay), the City of Tallahassee Contract, the Charlotte County Contract, the HGAC-Buy Contract, the Hillsborough County Sheriff's Office Contract (Assorted Vehicle Procurement), and the Bradford County Sheriff's Office Contract (Duval Ford), for an estimated total amount of $8,277,000, plus a contingency of twenty percent (20%) or $1,655,400, for a total amount not to exceed $9,932,400, should the vehicles and/or equipment no longer be available and new models be delivered. Requested Action: Staff recommends approval of Proposed Resolution No. R25-278. Explanation of Request: The Fleet Management & Mobility Division, in coordination with the Procurement Division, recommends approval to utilize the following cooperative and state contracts for the purchase of the vehicles and equipment scheduled in the FY2025/2026 replacement budget: Florida Sheriff’s Association Contracts: FSA24-VEL32.0 (Pursuit, Administrative & Other Vehicles), FSA23-EQU21.0 (Equipment), FSA23-VEH21.1 (Heavy Trucks & Buses), FSA-HCS-ESA2.0 (Emergency Lighting & Accessories), FSA25-VEF19.0 (Fire & Rescue Vehicles, Boats & Equipment) - Expires 9/30/27 Sourcewell Contracts: 091521-NAF (Class 1–3 Light Trucks, Cars, Vans, SUVs, Cab Chassis & EVs), 032824-NAF (Class 4–8 Chassis, EVs & Upfitting), 110223-THC, 112624-KBA, 092922-AGO - Expires 11/08/2026 State of Florida Contract 25100000-23-STC (Alan Jay) City of Tallahassee Contract 5179-MY25 (Municipal Vehicles – Cars, Vans, SUVs & Light Trucks) Charlotte County Contract #2023000529 (Assorted Vehicle Procurement) Hillsborough County Sheriff’s Office Contract (Assorted Vehicle Procurement) Bradford County Sheriff’s Office Contract (Assorted Vehicle Procurement) HGACBuy Contract AM10-23 (Assorted Vehicle Procurement) These contracts are competitively awarded and provide the City with the best pricing available through volume purchasing. Market conditions for vehicles remain volatile, making immediate purchase authorization necessary to ensure timely delivery. Procurement and the Fleet 243 Division will review all quotes to ensure compliance with contract pricing and terms. Contract numbers may change to reflect the new fiscal year or model year; however, this approval will remain valid under such updates. In addition to the scheduled FY2025/2026 replacements and expansions, the Resolution also authorizes the use of these same contracts to purchase vehicles not currently on the replacement list, should the need arise. This includes circumstances such as vehicles being totaled, positions added mid-year, or other unforeseen operational requirements. How will this affect city programs or services? This action ensures continuity of essential City services by maintaining a reliable fleet, supporting public safety, solid waste, utilities, and other departments. Allowing purchases outside the replacement list ensures flexibility to respond quickly to operational needs. Budgeted Item: Yes Account Line Item and Description: Multiple accounts for Machinery and Equipment / Vehicle Purchases, depending on the division to which each vehicle is assigned. Fiscal Impact: This is a budgeted item. Attachments: R25-278 Agenda_Item_3683-2025_Resolution_for_Vehicle_Purchase.docx Exhibit A to Resolution - Vehicle Replacement List FY 25-26.pdf Exhibit A to Resolution - Vehicle Additions. List FY 25-26pdf CHARLOTTE COUNTY CONTRACT.pdf Sourcewell_032824-NAF_-_Contract_Packet.pdf HCSO Assorted Vehicle Procurement.docx -.pdf DMS State Contract 25100000-23-STC.pdf State Contract 25100000-22-SRCWL-ACS.pdf Bradford County Sheriff Vehicle-Contract-22-27-1.0-Duval-Ford.pdf City of Tallahassee contract AgmtNo5179-amendment1.pdf 091521 NAF Sourcewell__National Auto Fleet Contract Extension.pdf Heil Environmental_ Contract 110223-THC _ Sourcewell.pdf Contract Expirations 2024.Updated FY26.pdf Fleet Replacement FY2026 UPDATED DP.xlsx 244 RESOLUTION NO. R25-278 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE ISSUANCE OF PURCHASE ORDERS 2 FOR THE PURCHASE OF VEHICLES AND EQUIPMENT SCHEDULED IN 3 THE FY2025/2026 REPLACEMENT BUDGET AND FOR ADDITIONAL 4 PURCHASES AS NEEDED, UTILIZING THE RATES OF VARIOUS FLORIDA 5 SHERIFF’S ASSOCIATION CONTRACTS, SOURCEWELL CONTRACTS, 6 THE FLORIDA STATE TERM CONTRACT (ALAN JAY), THE CITY OF 7 TALLAHASSEE CONTRACT, THE CHARLOTTE COUNTY CONTRACT, THE 8 HGAC-BUY CONTRACT, THE HILLSBOROUGH COUNTY SHERIFF’S 9 OFFICE CONTRACT (ASSORTED VEHICLE PROCUREMENT), AND THE 10 BRADFORD COUNTY SHERIFF’S OFFICE CONTRACT (DUVAL FORD), 11 FOR AN ESTIMATED TOTAL AMOUNT OF $8,277,000, PLUS A 12 CONTINGENCY OF TWENTY PERCENT (20%) OR $1,655,400, FOR A 13 TOTAL AMOUNT NOT TO EXCEED $9,932,400, SHOULD THE VEHICLES 14 AND/OR EQUIPMENT NO LONGER BE AVAILABLE AND NEW MODELS 15 BE DELIVERED; AND FOR ALL OTHER PURPOSES. 16 17 18 WHEREAS, the Fleet Management & Mobility Division, in coordination with the 19 Procurement Division, recommends approval to utilize the following cooperative and state 20 contracts for the purchase of the vehicles and equipment scheduled in the FY2025/2026 21 replacement budget: 22 Florida Sheriff’s Association Contracts: FSA24-VEL32.0 (Pursuit, Administrative & Other 23 Vehicles), FSA23-EQU21.0 (Equipment), FSA23-VEH21.1 (Heavy Trucks & Buses), FSA-HCS-24 ESA2.0 (Emergency Lighting & Accessories), FSA25-VEF19.0 (Fire & Rescue Vehicles, Boats 25 & Equipment) 26 Sourcewell Contracts: 091521-NAF (Class 1–3 Light Trucks, Cars, Vans, SUVs, Cab Chassis 27 & EVs), 032824-NAF (Class 4–8 Chassis, EVs & Upfitting), 110223-THC, 112624-KBA, 28 092922-AGO 29 State of Florida Contract 25100000-23-STC (Alan Jay) 30 City of Tallahassee Contract 5179-MY25 (Municipal Vehicles – Cars, Vans, SUVs & Light 31 Trucks) 32 Charlotte County Contract #2023000529 (Assorted Vehicle Procurement) 33 Hillsborough County Sheriff’s Office Contract (Assorted Vehicle Procurement) 34 Bradford County Sheriff’s Office Contract (Assorted Vehicle Procurement) 35 245 RESOLUTION NO. R25-278 HGACBuy Contract AM10-23 (Assorted Vehicle Procurement); and 36 WHEREAS, these contracts are competitively awarded and provide the City with the best 37 pricing available through volume purchasing. Market conditions for vehicles remain volatile, 38 making immediate purchase authorization necessary to ensure timely delivery. Procurement will 39 review all quotes to ensure compliance with contract pricing and terms. Contract numbers may 40 change to reflect the new fiscal year or model year; however, this approval will remain valid under 41 such updates; and 42 WHEREAS, in addition to the scheduled FY2025/2026 replacements and expansions, the 43 Resolution also authorizes the use of these same contracts to purchase vehicles not currently on 44 the replacement list, should the need arise. This includes circumstances such as vehicles being 45 totaled, positions added mid-year, or other unforeseen operational requirements; and 46 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 47 best interests of the City's citizens and residents to approve the issuance of Purchase Orders for 48 the purchase of vehicles and equipment scheduled in the FY2025/2026 replacement budget and 49 for additional purchases as needed, utilizing the rates of various Florida Sheriff’s Association 50 Contracts, Sourcewell Contracts, the Florida State Term Contract (Alan Jay), the City of Tallahassee 51 Contract, the Charlotte County Contract, the HGAC-Buy Contract, the Hillsborough County 52 Sheriff’s Office Contract (Assorted Vehicle Procurement), and the Bradford County Sheriff’s Office 53 Contract (Duval Ford), for an estimated total amount of $8,277,000, plus a contingency of twenty 54 percent (20%) or $1,655,400, for a total amount not to exceed $9,932,400, should the vehicles 55 and/or equipment no longer be available and new models be delivered. 56 57 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 58 BEACH, FLORIDA, THAT: 59 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 60 being true and correct and are hereby made a specific part of this Resolution upon adoption. 61 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 62 approve the issuance of Purchase Orders for the purchase of vehicles and equipment scheduled 63 246 RESOLUTION NO. R25-278 in the FY2025/2026 replacement budget, as further detailed in Exhibit A, and for additional 64 purchases as needed, utilizing the rates of various Florida Sheriff’s Association Contracts, 65 Sourcewell Contracts, the Florida State Term Contract (Alan Jay), the City of Tallahassee Contract, 66 the Charlotte County Contract, the HGAC-Buy Contract, the Hillsborough County Sheriff’s Office 67 Contract (Assorted Vehicle Procurement), and the Bradford County Sheriff’s Office Contract (Duval 68 Ford), for an estimated total amount of $8,277,000, plus a contingency of twenty percent (20%) 69 or $1,655,400, for a total amount not to exceed $9,932,400, should the vehicles and/or equipment 70 no longer be available and new models be delivered. 71 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 72 authorizes the City Manager to execute any ancillary documents as may be necessary to 73 accomplish the purpose of this Resolution. 74 SECTION 4. This Resolution shall take effect in accordance with the law. 75 76 77 [SIGNATURES ON THE FOLLOWING PAGE] 78 79 247 RESOLUTION NO. R25-278 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 80 CITY OF BOYNTON BEACH, FLORIDA 81 YES NO 82 Mayor – Rebecca Shelton _____ _____ 83 84 Vice Mayor – Woodrow L. Hay _____ _____ 85 86 Commissioner – Angela Cruz _____ _____ 87 88 Commissioner – Thomas Turkin _____ _____ 89 90 Commissioner – Aimee Kelley _____ _____ 91 92 VOTE ______ 93 ATTEST: 94 95 _____________________________ ______________________________ 96 Maylee De Jesús, MPA, MMC Rebecca Shelton 97 City Clerk Mayor 98 99 APPROVED AS TO FORM: 100 (Corporate Seal) 101 102 _______________________________ 103 Shawna G. Lamb 104 City Attorney 105 248 PUBLIC WORKS - FLEET MANAGEMENT DIVISION Commission meeting September 18, 2025 VEHICLE REPLACEMENT LIST DEPARTMENT UNIT #EQUIPMENT DETAIL DESCRIPTION OF REPLACEMENT PRICE DEPARTMENT UNIT #PRICE POLICE DEPARTMENT 3736 2007 TOYOTA RAV 4 KIA TELLURIDE OR SIMILAR MID SIZE SUV 55,000 POLICE DEPARTMENT 34 2,096,000 POLICE DEPARTMENT 3410 2014 FORD FUSION KIA TELLURIDE OR SIMILAR MID SIZE SUV 55,000 FIRE 5 313,000 POLICE DEPARTMENT 3734 2017 FORD FUSION NISSAN PATHFINDER OR SIMILAR MID SIZE SUV 45,000 SOLID WASTE 4 950,000 POLICE DEPARTMENT 3839 2017 FORD ESCAPE NISSAN PATHFINDER OR SIMILAR MID SIZE SUV 45,000 FACILITIES MANAGEMENT 1 50,000 POLICE DEPARTMENT 3014 2020 CHEVY TRAVERSE CHEVY TRAVERSE OR MID SIZE SUV 47,000 FORESTRY & GROUNDS 4 64,000 POLICE DEPARTMENT 3013 2020 CHEVY TRAVERSE CHEVY TRAVERSE OR MID SIZE SUV 47,000 BB MEMORIAL PARK 1 25,000 POLICE DEPARTMENT 3015 2020 CVEVY TRAVERSE CHEVY TRAVERSE OR MID SIZE SUV 47,000 STREETS MAINTENANCE 1 130,000 POLICE DEPARTMENT 3118 2020 JEEP GRAND CHEROKEE NISSAN PATHFINDER OR SIMILAR MID SIZE SUV 45,000 BUILDING 2 76,000 POLICE DEPARTMENT 3622 2016 FORD F250 FORD F250, CREW CAB, 4X4 OR CHEVY/GMC 2500 65,000 PARKING SERVICES 2 60,000 POLICE DEPARTMENT 2800 2008 CHEVY SILVERADO FORD RANGER , EXT CAB OR SIMILAR TRUCK 42,000 WASTEWATER PUMPING STATNS 4 588,000 POLICE DEPARTMENT 3058 2020 CHEVY SILVERADO CREW CAB FORD F150 CREW CAB, WHITE 60,000 WATER DISTRIBUTION 1 15,000 POLICE DEPARTMENT 3059 2020 CHEVY SILVERADO CREW CAB FORD F150 CREW CAB, WHITE 60,000 UTILITES ENGINEERING 1 55,000 POLICE DEPARTMENT 3838 2018 FORD FUSION NISSAN PATHFINDER OR SIMILAR MID SIZE SUV 45,000 WAREHOUSE 1 58,000 POLICE DEPARTMENT 4025 2020 CHEVY TAHOE FORD F150 RESPONDER , WHITE 69,000 TOTAL FLEET REPLACEMENT PURCHASES 61 4,480,000 POLICE DEPARTMENT 3108 2021 FORD EXPLORER FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4046 2021 DODGE CHARGER FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4049 2021 DODGE CHARGER FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4260 2021 FORD F150 RESPONDER K9 FORD F150 RESPONDER K9, MARKED 69,000 POLICE DEPARTMENT 4040 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4041 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4273 2022 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4036 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4043 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4035 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4053 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4974 2019 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4055 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4038 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4039 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4045 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4042 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4044 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4058 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY 69,000 POLICE DEPARTMENT 4110 2011 CHEVY CARGO VAN FORD T150 , CARGO FLOOR MATS 58,000 FIRE 847 2013 FORD F250 FORD T250 CARGO VAN , 4X4 75,000 FIRE 854 2009 CHEVY IMPALA TOYOTA RAV 4 HYBRID OR SIMILAR SUV 40,000 FIRE 899 2020 FORD ESCAPE CHEVY TAHOE, WHITE , ADMIN PKG 75,000 FIRE 869 2020 FORD EXPLORER FORD F250 OR CHEVY/GMC 2500 CREW CAB, 4X4, TOPPER 68,000 FIRE 8604 2006 LAND PRIDE UTILITY CART UTILITY SERV CART 55,000 SOLID WASTE 1865 2018 FORD F150 FORD F150 , GAS OR CHEVY/GMC 1500 50,000 SOLID WASTE 5910 2019 CHEVY SILVERADO FORD F150 , GAS OR CHEVY/GMC 1500 50,000 SOLID WASTE 1005 2019 AUTOCAR FRONT LOADER MACK W/ HEIL FRONT LOADER 425,000 SOLID WASTE 1006 2019 AUTOCAR FRONT LOADER MACK W/ HEIL FRONT LOADER 425,000 FACILITIES MANAGEMENT 1866 2018 FORD F150 FORD F150 , GAS OR CHEVY/GMC 1500 50,000 FORESTRY & GROUNDS 8451 2014 TORO 60" MOWER SCAG 72" ZERO TURN MOWER 17,000 FORESTRY & GROUNDS 8658 2014 TORO 60" MOWER SCAG 72" ZERO TURN MOWER 17,000 FORESTRY & GROUNDS 8503 1997 -82" OPEN UTILITY TRAILER 8X20 ENCLOSED LANDSCAPE TRAILER 15,000 FORESTRY & GROUNDS 8545 2005 - 81" OPEN UTILITY TRAILER 8X20 ENCLOSED LANDSCAPE TRAILER 15,000 BB MEMORIAL PARK 5201 2012 TORO UTILITY VEHICLE/ W DUMP KUBOTA UTILITY VEHICLE W/ DUMP OR SIMILAR UTV 25,000 STREETS MAINTENANCE 8064 2006 CAT 416 BACKHOE LOADER CAT 416 BACKOE LOADER W/ BUCKET, FORKS 130,000 BUILDING 7606 2017 FORD ESCAPE FORD MAVERICK HYBRID 38,000 BUILDING 7607 2017 FORD ESCAPE FORD MAVERICK HYBRID 38,000 PARKING SERVICES 585 2020 FORD ESCAPE CHEVY EQUINOX EV OR SIMILAR COMPACT EV SUV 45,000 PARKING SERVICES 8415 2004 EZGO GOLF CART ELECTRIC 4 PASSENGER GOLF CART 15,000 WASTEWATER PUMPING STATNS 2637 2015 FORD F550 UTILITY BODY W/CRANEFORD F550, REG CAB, 4X4,VMAC, UTILITY BODY , CRANE 150,000 WASTEWATER PUMPING STATNS 2640 2015 FORD F550 UTILITY BODY W/CRANEFORD F550, REG CAB, 4X4,VMAC, UTILITY BODY , CRANE 150,000 WASTEWATER PUMPING STATNS 2538 2016 FORD ESCAPE FORD F250 / CHEVY/GMC 2500CREW CAB, 4X4, STROBES, TOW, PKG 58,000 WASTEWATER PUMPING STATNS 1883 VALVE ADJUSTING TRAILER FORD F550 REG CAB, GAS, WACH VALVE MAINT BODY 230,000 WATER DISTRIBUTION 8122 2002 WELLS FARGO TRAILER 8.5 X 20FT ENCLOSED TRAILER , RAMP DOOR FLAT NOSE 15,000 UTILITES ENGINEERING 2904 2019 CHEVY SILVERADO FORD F150 OR CHEVY/GMC 1500 CREW CAB, LONG BED,4X4,STROBES, LGT BAR 55,000 WAREHOUSE 6600 2016 FORD F150 FORD F250 OR CHEVY/GMC 2500 CONSOLE,CREW CAB,STROBES, TINT, ROLL N LOCK 58,000 249 PUBLIC WORKS - FLEET MANAGEMENT DIVISION EXPANSION - NEW ADDITIONAL PURCHASES- OTHER ACCOUNTS Commission meeting September 18, 2025 DEPARTMENT UNIT #EQUIPMENT DETAIL PRICE DEPARTMENT UNIT #PRICE SOLID WASTE New MACK W/ HEIL FRONT LOADER 425,000 BUILDING 1 38,000 SOLID WASTE New MACK W/ HEIL AUTOMATED SIDE LOADER 425,000 FACILITIES MANAGEMENT 1 50,000 SOLID WASTE New MACK W/ HEIL AUTOMATED SIDE LOADER 425,000 FORESTRY & GROUNDS 2 115,000 SOLID WASTE New FORD F150 OR CHEVY/GMC 1500 50,000 GOLF COURSE MAINTENANCE 2 118,000 FACILITIES MANAGEMENT New FORD F150 OR CHEVY/GMC 1500 50,000 RECREATION & PARKS 1 18,000 FORESTRY & GROUNDS New FORD F150 OR CHEVY/GMC 1500 50,000 SOLID WASTE 4 1,325,000 FORESTRY & GROUNDS New FORD F150 OR CHEVY/GMC 1500 WITH TOOL BOXES 65,000 SPECIAL EVENTS 1 50,000 BUILDING New FORD MAVERICK HYBRID 38,000 STORMWATER MAINTENANCE 5 1,023,000 STREETS MAINTENANCE New PRESSURE WASHER TRAILER 20,000 STREETS MAINTENANCE 3 103,000 STREETS MAINTENANCE New UTILITY VEHICLE , 4X4 18,000 UTILITY ADMINISTRATION 2 116,000 STREETS MAINTENANCE New FORD F250W OR CHEVY /GMC 2500/ LIFTGATE 65,000 WASTEWATER COLLECTION 2 783,000 UTILITY ADMINISTRATION New FORD F250 OR CHEVY/GMC 2500 4X4 58,000 WATER DISTRIBUTION 1 58,000 UTILITY ADMINISTRATION New FORD F250 OR CHEVY/GMC 2500 4X4 58,000 TOTAL FLEET NEW ADDITIONAL PURCHASES 25 3,797,000 WATER DISTRIBUTION New FORD F250 OR CHEVY/GMC 2500 4X4 58,000 STORMWATER MAINTENANCE New FORD F250 OR CHEVY/GMC 2500 4X4 58,000 WASTEWATER COLLECTION New FORD F250 OR CHEVY/GMC 2500 4X4 58,000 STORMWATER MAINTENANCE New FORD F350, UTILITY BODY, VMAC COMPRESSOR, VISE 80,000 STORMWATER MAINTENANCE New FORD F350, UTILITY BODY, VMAC COMPRESSOR, VISE 80,000 STORMWATER MAINTENANCE New FORD F350, UTILITY BODY, VMAC COMPRESSOR, VISE 80,000 WASTEWATER COLLECTION New MACK W/ VAC CON VAC TRUCK 725,000 STORMWATER MAINTENANCE New MACK W/ VAC CON VAC TRUCK 725,000 GOLF COURSE MAINTENANCE New TORO WORKMAN HDX WITH SPRAYER KIT 59,000 GOLF COURSE MAINTENANCE New TORO WORKMAN HDX WITH SPRAYER KIT 59,000 RECREATION & PARKS New ALL TERRAIN UTILITY VEHICLE 18,000 SPECIAL EVENTS New FORD F150 OR CHEVY /GMC1500 50,000 250 251 252 253 254 032824-NAF Rev. 3/2022 1 Solicitation Number: RFP #032824 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC, dba National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (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 Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services 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. EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. 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 255 032824-NAF Rev. 3/2022 2 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. 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 or refurbished 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. 256 032824-NAF Rev. 3/2022 3 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 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; 257 032824-NAF Rev. 3/2022 4 x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; 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 258 032824-NAF Rev. 3/2022 5 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 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 or its authorized dealers, distributors, or resellers, as applicable. 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 259 032824-NAF Rev. 3/2022 6 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: 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, performance issues, 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 260 032824-NAF Rev. 3/2022 7 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 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 Contract 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. 261 032824-NAF Rev. 3/2022 8 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. 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, 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 the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. 262 032824-NAF Rev. 3/2022 9 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, 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. 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. 263 032824-NAF Rev. 3/2022 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. 264 032824-NAF Rev. 3/2022 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 liability-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 265 032824-NAF Rev. 3/2022 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. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. 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. 266 032824-NAF Rev. 3/2022 13 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 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. 267 032824-NAF Rev. 3/2022 14 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. 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 268 032824-NAF Rev. 3/2022 15 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. 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). 269 032824-NAF Rev. 3/2022 16 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 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 270 032824-NAF Rev. 3/2022 17 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 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 cannot 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 a 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. 271 032824-NAF Rev. 3/2022 18 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. 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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$GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG0DUFK $0 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG)HEUXDU\ 30 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG)HEUXDU\ 30 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B 7KX)HEUXDU\ 30 Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC 286 Host Sheriff Procurement – Hillsborough County Sheriff’s Office FSA-HCS-AVP1.0: Assorted Vehicle Procurement Awarded: October 28, 2024 Effective Through: October 27, 2028 (Initial Term) The Hillsborough County Sheriff's Office competitively procures the Host Sheriff Procurement Contracts in accordance with Chapter 30 and Chapter 163, Florida Statutes, and the best practices articulated in Chapter 287, Florida Statutes. Resulting contracts are available to all eligible purchasers identified by Rule 60A-1.001, Florida Administrative Code, and state and local government agencies nationwide. The HCSO Master Agreement is available on FSA’s website at www.flsheriffs.org/purchasingprogram/ . Awarded Vendors: ● Alligator Alley Harley Davidson o Website: www.alligatoralleyharley.com o Contact: Stephen Otton 954-414-4135 stepheno@alligatoralleyharley.com ext. 3118 ● Bozard Ford o Website: www.bozardford.com o Contact: Jeff Young 904-824-1641 jyoung@bozard.com ● Carl Black of Orlando o Website: www.carlblackoforlando.com o Contact: Edgar Massoni 305-781-3661 emassoni@carlblack.com ● Crown Buick GMC ● Crown Kia ● Crown Nissan ● Crown Eurocars o Website: www.crowncars.com o Contact: Seth Edelman 727-939-6606 - desk sedelman@crowncars.com 303-906-0444 - cell ● Crown Dublin (Crown Chrysler Jeep Dodge Ram) o Website: www.crowncars.com o Contacts: Tim Duffey 614-761-2360 tduffey@crowncars.com Seth Edelman 727-939-6606 - desk sedelman@crowncars.com 303-906-0444 - cell ● Duval Ford o Website: www.duvalford.com 287 o Contact: Jeff Eason 904-388-2144 jeff.eason@duvalmotor.com ● Ferman Buick Pontiac GMC ● Ferman Chrysler Jeep Dodge Ram o Website: www.fermanauto.com o Contact: Luke Miller 813-929-2400 lmiller@ferman.com ● Ferman Chevrolet o Website: www.fermanauto.com o Contact: Sandy MacDonald 813-929-2400 smacdonald@ferman.com ● Ferman Ford of Countryside o Website: www.fermanfordclearwater.com o Contact: Jason Bray 727-797-2277 jason.bray@ferman.com ● New Smyrna Beach Chevrolet o Website: www.newsmyrnachevy.com o Contact: Thomas Mahoney 631-651-1838 tm@amvetworks.com ● Stingray Chevrolet o Website: www.stingraychevrolet.com o Contact: Peter Popiel 813-359-5016 magicpeterfleet@gmail.com ● Village Cadillac Toyota o Website: www.villagecadillac.com and www.villagetoyota.com o Contact: Pam Mills 352-621-7116 pmills@dimmitt.com ● Volcanic Partners o Website: www.volcanicbikes.com o Contact: Christopher Snere 509-427-8623 info@volcanicbikes.com Covered Services and Products: ● Assorted vehicles for immediate purchase from dealer inventory, at contracted discount off MSRP/window sticker price o Administrative Sedans - Chevrolet, Dodge, Ford, Kia, Nissan, Toyota o Cab and Chassis Trucks 4x2 - Chevrolet, Ford, GMC, Mercedes-Benz o Cab and Chassis Trucks 4x4 - Chevrolet, Ford, GMC o Cargo and Passenger Vans - Chevrolet, Chrysler, Ford, GMC, Mercedes-Benz, Ram, Toyota o Electric and Plug-In Hybrid Vehicles - BrightDrop/GM, Chevrolet, Chrysler, Ford, Nissan o Electric Bikes and Transports - Volcanic 288 o Motorcycles - Harley Davidson (Pursuit-Rated) o Pickup Trucks 4x2 - Chevrolet, Ford, GMC, Ram, Toyota o Pickup Trucks 4x4 - Chevrolet, Ford, GMC, Toyota o Utility and Hybrid Vehicles 4x2 - Chevrolet, Dodge, Ford, GMC, Kia, Nissan, Toyota o Utility and Hybrid Vehicles 4x4/AWD - Chevrolet, Dodge, Ford, GMC, Kia, Nissan, Toyota HCSO Tabulation Sheet HCSO Tabulation Sheet - Pricing Details HCSO ITB Document HCSO Vendor Award Letters: ● Alligator Alley ● Bozard Ford ● Carl Black of Orlando ● Crown Buick GMC ● Crown Kia ● Crown Nissan ● Crown Dublin ● Crown Eurocars ● Duval Ford ● Ferman Buick GMC ● Ferman CJDR ● Ferman Chevrolet ● Ferman Ford ● New Smyrna Beach Chevrolet ● Stingray Chevrolet ● Village Cadillac Toyota ● Volcanic Bikes Special thanks to the lead agency, Hillsborough County Sheriff’s Office, for your commitment to further the mission of the Florida Sheriffs Association through your partnership. 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 Home /Business Operations /State Purchasing /State Contracts and Agreements /Alternate Contract Source /Motor Vehicles Motor Vehicles 25100000-22-SRCWL-ACS Effective Period 06/21/2022 through 11/08/2025 Contract Type Alternate Contract Source Contract Information Contractor Pricing [3.8 MB] How to Use This Contract [331.8 kB] Service Updates Contract Documents Participating Addendum Master Agreement Forms Contract Administration Christopher McMullen 850-922-9867 christopher.mcmullen@dms.fl.gov Commodity Codes Please refer to "How to Use This Contract" in the Contract Information section above. 7/21/25, 4:37 PM Motor Vehicles / Alternate Contract Source / State Contracts and Agreements / State Purchasing / Business Operations - Florida De… https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/alternate_contract_source/motor_vehicles 1/4330 Additional Information Please note that due to limited production capacity, some vehicle manufacturers are requiring additional confirmation for fleet orders. Vendors may be requesting signed PO’s or other order confirmation forms in order to secure production scheduling from the manufacturers. Please contact the DMS contract manager if you have questions. For state agencies , please note that this contract is only available for: Vehicles that are not specifically listed as a Representative Model on the state term contract for Motor Vehicles (25100000- 21-STC). Vehicles that are specifically listed as a Representative Model on the state term contract but are not available for purchase from any of the awarded contractors; state agencies must request a quote from all contractors awarded that Representative Model and receive documentation indicating that the vehicle is not available for purchase. Please refer to the price sheets located on the contract webpage to view the Representative Models included on the state term contract and the awarded contractor(s). STATE AGENCIES: In accordance with 60A-1.043 (5), F.A.C., For the purchase of non-IT Commodities, Agencies shall request at least two (2) quotes from Enterprise-Wide Agreements with multiple vendors unless (I) the total purchase cost is less than Category Two, or (ii) the Enterprise-Wide Agreement requires a specific number of quotes to be requested or 7/21/25, 4:37 PM Motor Vehicles / Alternate Contract Source / State Contracts and Agreements / State Purchasing / Business Operations - Florida De… https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/alternate_contract_source/motor_vehicles 2/4331 obtained. Agencies shall document the justification for any selection based on receipt of fewer than two quotes. Description This alternate contract source provides cars, sport utility vehicles, vans, and trucks, including light duty, half ton, three-quarter ton, and one ton; the contractor also offers discounts off MSRP for OEM options, as well as special pricing for aftermarket options, as shown on the price sheet. Vehicles are also available with upfitting designed for public safety applications, such as equipment, lighting, technology, and accessories; pricing includes freight and installation. Document reader download links: Adobe PDF Reader Terms and Conditions Privacy Statement Accessibility Statement 7/21/25, 4:37 PM Motor Vehicles / Alternate Contract Source / State Contracts and Agreements / State Purchasing / Business Operations - Florida De… https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/alternate_contract_source/motor_vehicles 3/4332 Agency Information Open Government DMS Leadership Frequently Asked Questions Agency Organization Copyright ©2025 Department of Management Services - State of Florida 7/21/25, 4:37 PM Motor Vehicles / Alternate Contract Source / State Contracts and Agreements / State Purchasing / Business Operations - Florida De… https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/alternate_contract_source/motor_vehicles 4/4333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 Amendment 1 to Contract No. 5179 Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales Page 1 of 3 AMENDMENT 1 TO AGREEMENT NO. 5179 A CONTRACT FOR NEW MUNICIPAL VEHICLES, CARS VANS, SPORT UTILITY VEHICLES, AND LIGHT TRUCKS THIS AMENDMENT is made this ___________, between the CITY OF TALLAHASSEE, a Florida municipal corporation (the "City"), and ALAN JAY AUTOMOTIVE MANAGEMENT, INC., d/b/a Alan Jay Fleet Sales, a Florida profit corporation (the "Vendor”). The City and the Vendor may be referred to individually as a “Party” and together as the “Parties.” RECITALS WHEREAS, the Parties entered into Agreement No. 5179 (“Agreement”) dated January 13, 2022, for the purchase of New Municipal Vehicles, Cars, Vans, Sport Utility Vehicles, and Light Trucks, under RFP No. 096-21-KM; and, WHEREAS, the Parties desire to amend the Agreement to address changes to Section 3, Purchases Made by Other Public Agencies, and to extend the Agreement term pursuant to Section 7, Term. NOW, THEREFORE, in consideration of the following mutual covenants set forth herein and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1.Section 3. PURCHASES MADE BY OTHER PUBLIC AGENCIES, is hereby deleted, and replaced with the following: A.With the consent and agreement of the Vendor and the City, purchases may be made by other local, state, or national governmental agencies, political subdivisions, or other public entities under this Agreement. Potential purchaser(s) MUST submit their request for utilization to Fleet Contract Manager, Kathy Crum via email at kathy.crum@talgov.com prior to purchasing under this Agreement. These purchases shall be governed by the same terms and conditions stated herein. 01/16/2025 365 Amendment 1 to Contract No. 5179 Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales Page 2 of 3 (1)The City charges an administrative fee of $200.00 per vehicle sold. The Vendor shall be responsible for reporting, collecting, and remitting the administrative fee(s) to the City for purchase(s) made by other local, state, or national governmental agencies, political subdivisions, or other public entities pursuant to this Agreement. Should any such purchases be made, the Vendor is responsible for submitting a quarterly report identifying all sales made during the applicable quarter via email to the Fleet Financial Team at fleetadmin@talgov.com, with a copy to Fleet Contract Manager, Kathy Crum at kathy.crum@talgov.com. The subject line of the email should reference: Reporting Administrative Fees - Agreement No. 5179. (2)The Vendor shall remit all administrative fees to the City at the end of the quarter in which payment is received from the purchaser. An email identifying the amount(s) and check number(s) MUST also be submitted to the Fleet Financial Team, with a copy to Fleet Contract Manager, Kathy Crum prior to mailing. For questions or requests for Agreement Documents, please contact Kathy Crum at (850) 891-5229. (3)Administrative fee payments shall be made by check with Payment Administrative Fees - Agreement No. 5179 referenced on the check. Administrative fees should be mailed to the following address: Fleet Management Administration Attn: Fleet Financial Team 400 Dupree Street Tallahassee, FL 32304 B.This Agreement in no way restricts or interferes with the right of any local, state, or national governmental agency or political subdivision or other public entity to independently address any or all these terms as required by law or to supplement the Agreement if a specific term is not addressed herein. 2.Section 7.B. Extension Term, is hereby deleted, and replaced with the following: B.Extension Term. Upon written, mutual agreement by the Vendor and the City, this Agreement may be extended at the conclusion of the Initial Term for an additional two (2) years (the “Extension”). 366 Amendment 1 to Contract No. 5179 Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales Page 3 of 3 3. The term of the Agreement is hereby extended for two (2) additional years through January 12, 2027, unless earlier terminated in accordance with the original terms of the Agreement. This is the final extension permitted under this Agreement. 4. Except as specifically amended hereby, the terms and conditions of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the date set forth in the introductory clause. ALAN JAY AUTOMOTIVE MANAGEMENT, INC. CITY OF TALLAHASSEE By: ________________________________ By: __________________________________ Name: ____________________________ Veronica McCrackin, Procurement Manager Title: ______________________________ Attest: By: __________________________________ James O. Cooke, IV, City Treasurer-Clerk Approved as to form: By: ___________________________________ Breanna Green, Assistant City Attorney Chris Wilson (Jan 13, 2025 07:03 EST) Chris Wilson Chris Wilson Fleet Sales Manager Kristen McRae for (Jan 16, 2025 17:25 EST) Kristen McRae for 367 Legal Routing Memo Date: 1/7/2025 To: City Attorney’s Office From: Fleet Subject: Legal Review of ☐CONTRACT NO. 5179 ☒AMENDMENT NO. 1 ☐MEMORANDUM OF UNDERSTANDING OR AGREEMENT ☐OTHER ______________________________________________________________________________ This document relates to solicitation RFP-096-21-KM Municipal Vehicles, Cars Vans, Sport Utility Vehicles, And Light Trucks Document has been reviewed and considered ready for execution by either or both: Procurement Signature: Keith Milton Department Signature: Kathy Crum TO BE COMPLETED BY LEGAL Legal review completed on: 1/9/2025 Legal review performed by: Breanna Green Approved for execution: ☒yes ☐no 368 Rev. 7/2022 1 CONTRACT EXTENSION Contract Number: Sourcewell and 202 12th Street Northeast P.O. Box 219 Staples, MN 56479 (Sourcewell) (Vendor) have entered into Contract Number: 110719- for the procurement of: The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent. Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect. Sourcewell ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date Docusign Envelope ID: 31571C89-0644-48C0-B9A8-8354F179F810 Jeremy Schwartz Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories National Auto Fleet 2026-11-08 95076-3726 5/29/2025 | 12:25 PM CDT 091521-NAF 091521-NAF 2025-11-08 Chief Operating and Procurement Officer 490 Auto Center Dr Watsonville, California Fleet Manager Jesse Cooper 5/30/2025 | 10:38 AM CDT 369 Heil Environmental Mobile refuse collection vehicles #110223-THC Maturity Date: 12/28/2027 Website: heil.com/sourcewell Products & Services Sourcewell contract 110223-THC gives access to the following types of goods and services: Curotto-Can Premier Truck rental Rush rental Front loaders Rear loaders Automated & manual side loaders Multi-compartment recycling units 3rd Eye camera systems Bayne Premium Tippers So -Pak Contact us Buy SourcewellContact InformationProducts & ServicesDocuments 7/25/25, 11:47 AM Heil Environmental: Contract 110223-THC | Sourcewell https://www.sourcewell-mn.gov/cooperative-purchasing/110223-thc 1/3370 Have questions about a contract or cooperative purchasing? Contact our dedicated team online or call 877- 585-9706. Buy Sourcewell Login to unlock more contract features. Username Username Password Password Log In Forgot username or password? Setup Buy Sourcewell access Register for an account Simply complete the online application, contact our dedicated team, or call 877-585-9706. Search Suppliers & Contracts General Contracts 7/25/25, 11:47 AM Heil Environmental: Contract 110223-THC | Sourcewell https://www.sourcewell-mn.gov/cooperative-purchasing/110223-thc 2/3371 About Careers Compliance & Legal Contact News Terms & Conditions Privacy Policy Accessibility All Solutions Minnesota-Only Solutions Supplier Resources © 2023 Sourcewell. All rights reserved. ezIQC Contracts Sourcewellʼs website may contain links to nongovernment websites being provided as a convenience and for informational purposes only. Sourcewell neither endorses nor guarantees, in any way, the external organizationʼs services, advice, or products included in these website links. Sourcewell bears no responsibility for the accuracy, legality, or timeliness of any content on the external site or for that of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website. 7/25/25, 11:47 AM Heil Environmental: Contract 110223-THC | Sourcewell https://www.sourcewell-mn.gov/cooperative-purchasing/110223-thc 3/3372 Florida Sheriffs Association Cooperative Purchasing Program Contract Expiration Schedule *NOTE: THE BID PROCESS KICKS OFF 6-9 MONTHS PRIOR TO THE BID EXPIRATION DATE 373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4243 44 45 46 47 48 49 50 51 52 53 5455 56 A B D E K L M N O P Q CC DEPARTMENT UNIT #EQUIPMENT DETAIL DESCRIPTION OF REPLACEMENT FUNDING SOURCE BUDGET PRICE STATUS RCVD. DATE VENDOR DETAILS / NOTES DEPARTMENT REPLACEMENT AMOUNT FY2026 021011 POLICE DEPARTMENT 3736 2007 TOYOTA RAV 4 KIA TELLURIDE OR SIMILAR MID SIZE SUV PURCHASE 55,000.00$ 021011 POLICE DEPARTMENT 3410 2014 FORD FUSION KIA TELLURIDE OR SIMILAR MID SIZE SUV PURCHASE 55,000.00$ 021011 POLICE DEPARTMENT 3734 2017 FORD FUSION NISSAN PATHFINDER OR SIMILAR MID SIZE SUV PURCHASE 45,000.00$ 021011 POLICE DEPARTMENT 3839 2017 FORD ESCAPE NISSAN PATHFINDER OR SIMILAR MID SIZE SUV PURCHASE 45,000.00$ 021011 POLICE DEPARTMENT 3014 2020 CHEVY TRAVERSE CHEVY TRAVERSE OR MID SIZE SUV PURCHASE 47,000.00$ 021011 POLICE DEPARTMENT 3013 2020 CHEVY TRAVERSE CHEVY TRAVERSE OR MID SIZE SUV PURCHASE 47,000.00$ 021011 POLICE DEPARTMENT 3015 2020 CVEVY TRAVERSE CHEVY TRAVERSE OR MID SIZE SUV PURCHASE 47,000.00$ 021011 POLICE DEPARTMENT 3118 2020 JEEP GRAND CHEROKEE NISSAN PATHFINDER OR SIMILAR MID SIZE SUV PURCHASE 45,000.00$ 021011 POLICE DEPARTMENT 3622 2016 FORD F250 FORD F250, CREW CAB, 4X4 OR CHEVY/GMC 2500 PURCHASE 65,000.00$ 021011 POLICE DEPARTMENT 2800 2008 CHEVY SILVERADO FORD RANGER , EXT CAB OR SIMILAR TRUCK PURCHASE 42,000.00$ 021011 POLICE DEPARTMENT 3058 2020 CHEVY SILVERADO CREW CAB FORD F150 CREW CAB, WHITE PURCHASE 60,000.00$ 021011 POLICE DEPARTMENT 3059 2020 CHEVY SILVERADO CREW CAB FORD F150 CREW CAB, WHITE PURCHASE 60,000.00$ 021011 POLICE DEPARTMENT 3838 2018 FORD FUSION NISSAN PATHFINDER OR SIMILAR MID SIZE SUV PURCHASE 45,000.00$ 021011 POLICE DEPARTMENT 4025 2020 CHEVY TAHOE FORD F150 RESPONDER , WHITE PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 3108 2021 FORD EXPLORER FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4046 2021 DODGE CHARGER FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4049 2021 DODGE CHARGER FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4260 2021 FORD F150 RESPONDER K9 FORD F150 RESPONDER K9, MARKED PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4040 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4041 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4273 2022 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4036 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4043 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4035 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4053 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4974 2019 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4055 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4038 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4039 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4045 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4042 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4044 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4058 2020 FORD INTERCEPTOR UTILITY FORD INTERCEPTOR UTILITY PURCHASE 69,000.00$ 021011 POLICE DEPARTMENT 4110 2011 CHEVY CARGO VAN FORD T150 , CARGO FLOOR MATS PURCHASE 58,000.00$ 34 DEPARTMENT REPLACEMENT FUNDS BALANCE 2,096,000.00$ -$ 2,096,000.00 DEPARTMENT REPLACEMENT AMOUNT FY2026 022010 FIRE 847 2013 FORD F250 FORD T250 CARGO VAN , 4X4 PURCHASE 75,000.00$ 022010 FIRE 854 2009 CHEVY IMPALA TOYOTA RAV 4 HYBRID OR SIMILAR SUV PURCHASE 40,000.00$ 022010 FIRE 899 2020 FORD ESCAPE CHEVY TAHOE, WHITE , ADMIN PKG PURCHASE 75,000.00$ 022010 FIRE 869 2020 FORD EXPLORER FORD F250 OR CHEVY/GMC 2500 CREW CAB, 4X4, TOPPER PURCHASE 68,000.00$ 022010 FIRE 8604 2006 LAND PRIDE UTILITY CART UTILITY SERV CART PURCHASE 55,000.00$ 022010 FIRE 5 DEPARTMENT REPLACEMENT FUNDS BALANCE 313,000.00$ -$ PUBLIC WORKS - FLEET MANAGEMENT DIVISION VEHICLE REPLACEMENT LIST FY25-26 Page 1 of 10 374 57 58 59 60 61 62 63 64 6566 67 68 69 70 7172 73 74 75 76 77 78 79 8081 82 83 84 85 86 8788 89 90 91 92 93 9495 96 97 98 99 100 101 102103 104 105 106 107 108109 110 111 112 113 114 115116 117 118 A B D E K L M N O P Q DEPARTMENT REPLACEMENT AMOUNT FY2026 025015 SOLID WASTE 1865 2018 FORD F150 FORD F150 , GAS OR CHEVY/GMC 1500 50,000.00$ 025015 SOLID WASTE 5910 2019 CHEVY SILVERADO FORD F150 , GAS OR CHEVY/GMC 1500 50,000.00$ 025015 SOLID WASTE 1005 2019 AUTOCAR FRONT LOADER MACK W/ HEIL FRONT LOADER 425,000.00$ 025015 SOLID WASTE 1006 2019 AUTOCAR FRONT LOADER MACK W/ HEIL FRONT LOADER 425,000.00$ 0 DEPARTMENT REPLACEMENT FUNDS BALANCE 950,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 025011 FACILITIES MANAGEMENT 1866 2018 FORD F150 FORD F150 , GAS OR CHEVY/GMC 1500 50,000.00$ 0 DEPARTMENT REPLACEMENT FUNDS BALANCE 50,000.00$ DEPARTMENT REPLACEMENT AMOUNT FY2026 027030 FORESTRY & GROUNDS 8451 2014 TORO 60" MOWER SCAG 72" ZERO TURN MOWER 17,000.00$ 027030 FORESTRY & GROUNDS 8658 2014 TORO 60" MOWER SCAG 72" ZERO TURN MOWER 17,000.00$ 027030 FORESTRY & GROUNDS 8503 1997 -82" OPEN UTILITY TRAILER 8X20 ENCLOSED LANDSCAPE TRAILER 15,000.00$ 027030 FORESTRY & GROUNDS 8545 2005 - 81" OPEN UTILITY TRAILER 8X20 ENCLOSED LANDSCAPE TRAILER 15,000.00$ 4 DEPARTMENT REPLACEMENT FUNDS BALANCE 64,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 031010 BB MEMORIAL PARK 5201 2012 TORO UTILITY VEHICLE/ W DUMP KUBOTA UTILITY VEHICLE W/ DUMP OR SIMILAR UTV 25,000.00$ DEPARTMENT REPLACEMENT FUNDS BALANCE 25,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 025012 STREETS MAINTENANCE 8064 2006 CAT 416 BACKHOE LOADER CAT 416 BACKOE LOADER W/ BUCKET, FORKS 130,000.00$ 1 DEPARTMENT REPLACEMENT FUNDS BALANCE 130,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 024011 BUILDING 7606 2017 FORD ESCAPE FORD MAVERICK HYBRID 38,000.00$ 024011 BUILDING 7607 2017 FORD ESCAPE FORD MAVERICK HYBRID 38,000.00$ DEPARTMENT REPLACEMENT FUNDS BALANCE 76,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 025017 PARKING SERVICES 585 2020 FORD ESCAPE CHEVY EQUINOX EV OR SIMILAR COMPACT EV SUV 45,000.00$ 025017 PARKING SERVICES 8415 2004 EZGO GOLF CART ELECTRIC 4 PASSENGER GOLF CART 15,000.00$ 2 DEPARTMENT REPLACEMENT FUNDS BALANCE 60,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 0 DEPARTMENT REPLACEMENT FUNDS BALANCE -$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 Page 2 of 10 375 119 120 121 122 123 124 125126 127 128 129 130 131132 133 134 135 136 137138 139 140 141 142 143144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 A B D E K L M N O P Q 028016 WASTEWATER PUMPING STATNS 2637 2015 FORD F550 UTILITY BODY W/CRANE FORD F550, REG CAB, 4X4,VMAC, UTILITY BODY , CRANE 150,000.00$ 028016 WASTEWATER PUMPING STATNS 2640 2015 FORD F550 UTILITY BODY W/CRANE FORD F550, REG CAB, 4X4,VMAC, UTILITY BODY , CRANE 150,000.00$ 028016 WASTEWATER PUMPING STATNS 2538 2016 FORD ESCAPE FORD F250 / CHEVY/GMC 2500CREW CAB, 4X4, STROBES, TOW, PKG 58,000.00$ 028016 WASTEWATER PUMPING STATNS 1883 VALVE ADJUSTING TRAILER FORD F550 REG CAB, GAS, WACH VALVE MAINT BODY 230,000.00$ 4 DEPARTMENT REPLACEMENT FUNDS BALANCE $588,000.00 -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 028010 WATER DISTRIBUTION 8122 2002 WELLS FARGO TRAILER 8.5 X 20FT ENCLOSED TRAILER , RAMP DOOR FLAT NOSE 15,000.00$ 1 DEPARTMENT REPLACEMENT FUNDS BALANCE 15,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 028023 UTILITES ENGINEERING 2904 2019 CHEVY SILVERADO FORD F150 OR CHEVY/GMC 1500 CREW CAB, LONG BED,4X4,STROBES, LGT BAR 55,000.00$ DEPARTMENT REPLACEMENT FUNDS BALANCE 55,000.00$ -$ DEPARTMENT REPLACEMENT AMOUNT FY2026 014012 WAREHOUSE 6600 2016 FORD F150 FORD F250 OR CHEVY/GMC 2500 CONSOLE,CREW CAB,STROBES, TINT, ROLL N LOCK 58,000.00$ DEPARTMENT REPLACEMENT FUNDS BALANCE 58,000.00$ -$ EXPANSION -NEW ADDITIONAL PURCHASES- OTHER ACCOUNTS DEPARTMENT REPLACEMENT AMOUNT FY2026 025015 SOLID WASTE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE MACK W/ HEIL FRONT LOADER PURCHASE 425,000.00$ 025015 SOLID WASTE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE MACK W/ HEIL AUTOMATED SIDE LOADER PURCHASE 425,000.00$ 025015 SOLID WASTE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE MACK W/ HEIL AUTOMATED SIDE LOADER PURCHASE 425,000.00$ 025015 SOLID WASTE NEW TO BE BUDGETED SEPARATELY - DNR REPLACE FORD F150 OR CHEVY/GMC 1500 PURCHASE 50,000.00$ 025011 FACILITIES MANAGEMENT NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F150 OR CHEVY/GMC 1500 PURCHASE 50,000.00$ 027030 FORESTRY & GROUNDS NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F150 OR CHEVY/GMC 1500 PURCHASE 50,000.00$ 027030 FORESTRY & GROUNDS NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F150 OR CHEVY/GMC 1500 WITH TOOL BOXES PURCHASE 65,000.00$ 024011 BUILDING NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD MAVERICK HYBRID PURCHASE 38,000.00$ 025012 STREETS MAINTENANCE NEW TO BE BUDGETED SEPARATELY PRESSURE WASHER TRAILER PURCHASE 20,000.00$ 025012 STREETS MAINTENANCE NEW TO BE BUDGETED SEPARATELY UTILITY VEHICLE , 4X4 PURCHASE 18,000.00$ 025012 STREETS MAINTENANCE NEW TO BE BUDGETED SEPARATELY FORD F250W OR CHEVY /GMC 2500/ LIFTGATE PURCHASE 65,000.00$ 028021 UTILITY ADMINISTRATION NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F250 OR CHEVY/GMC 2500 4X4 PURCHASE 58,000.00$ 028021 UTILITY ADMINISTRATION NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F250 OR CHEVY/GMC 2500 4X4 PURCHASE 58,000.00$ 028010 WATER DISTRIBUTION NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F250 OR CHEVY/GMC 2500 4X4 PURCHASE 58,000.00$ 028024 STORMWATER MAINTENANCE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F250 OR CHEVY/GMC 2500 4X4 PURCHASE 58,000.00$ 028015 WASTEWATER COLLECTION NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F250 OR CHEVY/GMC 2500 4X4 PURCHASE 58,000.00$ 028024 STORMWATER MAINTENANCE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F350, UTILITY BODY, VMAC COMPRESSOR, VISE PURCHASE 80,000.00$ 028024 STORMWATER MAINTENANCE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F350, UTILITY BODY, VMAC COMPRESSOR, VISE PURCHASE 80,000.00$ 028024 STORMWATER MAINTENANCE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE FORD F350, UTILITY BODY, VMAC COMPRESSOR, VISE PURCHASE 80,000.00$ 028015 WASTEWATER COLLECTION NEW TO BE BUDGETED SEPARATELY-DNR REPLACE MACK W/ VAC CON VAC TRUCK PURCHASE 725,000.00$ 028024 STORMWATER MAINTENANCE NEW TO BE BUDGETED SEPARATELY-DNR REPLACE MACK W/ VAC CON VAC TRUCK PURCHASE 725,000.00$ 029011 GOLF COURSE MAINTENANCE NEW TO BE BUDGETED SEPARATELY TORO WORKMAN HDX WITH SPRAYER KIT PURCHASE 59,000.00$ 029011 GOLF COURSE MAINTENANCE NEW TO BE BUDGETED SEPARATELY TORO WORKMAN HDX WITH SPRAYER KIT PURCHASE 59,000.00$ 027010 RECREATION & PARKS NEW TO BE BUDGETED SEPARATELY ALL TERRAIN UTILITY VEHICLE PURCHASE 18,000.00$ 012013 SPECIAL EVENTS NEW TO BE BUDGETED SEPARATELY FORD F150 OR CHEVY /GMC1500 PURCHASE 50,000.00$ 0 3,797,000.00$ -$ 4,480,000.00$ -$ $4,480,000.00 3,797,000.00$ -$ $3,797,000.00 TOTAL FLEET REPLACEMENT PURCHASES TOTAL FLEET PURCHASES - BUDGETED SEPARATELY - NEW Page 3 of 10 376 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 A B D E K L M N O P Q GRAND TOTAL 8,277,000.00$ -$ $8,277,000.00 Page 4 of 10 377 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 A B D E K L M N O P Q Page 5 of 10 378 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 A B D E K L M N O P Q Page 6 of 10 379 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 A B D E K L M N O P Q Page 7 of 10 380 CC Department 012010 CITY MANAGER 012012 MARKETING 012013 SPECIAL EVENTS 012016 INTERNAL INVESTIGATION 013010 CITY CLERK 014012 WAREHOUSE 015010 INNOVATION & TECH SOLUTNS 016010 HR 019010 CITY ATTORNEY 021011 POLICE DEPARTMENT 022010 FIRE 024011 BUILDING 024012 COMMUNITY STANDARDS 024013 ENGINEERING 024018 COMMUNITY IMPROVEMENTS 025010 PUBLIC WORKS 025011 FACILITIES MANAGEMENT 025012 STREETS MAINTENANCE 025015 SOLID WASTE 025016 FLEET 025017 PARKING SERVICES 025019 CONSTRUCTION SERVICES 027010 RECREATION & PARKS 027030 FORESTRY & GROUNDS 028005 DISTRICT ENERGY PLANT 028010 WATER DISTRIBUTION 028011 PUBLIC WATER TREATMENT 028012 PUBLIC WATER MAINTENANCE 028013 PUBLIC WATER OPERATIONS 028014 METER READING & SERVICES 028015 WASTEWATER COLLECTION 028016 WASTEWATER PUMPING STATNS 028017 SEWAGE TREATMENT 028018 SEWAGE PUMP/PREV. MAINT. 028019 WATER QUALITY 028020 UTILITY CONSTRUCTION 028021 UTILITY ADMINISTRATION 028023 UTILITES ENGINEERING 028024 STORMWATER MAINTENANCE 028028 UTILITIES ENGINEERING 029011 GOLF COURSE MAINTENANCE 031010 BB MEMORIAL PARK 381 VENDOR Status ORDERED ADVANTAGE GOLF CARS RECEIVED ALAN JAY DELAYED ALL AMERICAN TRAILER PENDING ALLIGATOR ALLEY HARLEY DAVISON IN PROCESS ALL-STAR EQUIPMENT OF PALM BEACH ROLLOVER ABLE LAWNMOWER CANCELLED B&S TRAILER MFG POSTPONED BECK BLANCHARD MACHINERY Y BLAST OFF N CUES Totaled DISCOUNT EQUIPMENT DNR DUVAL FORD DUVAL CHEVROLET DEERE & COMPANY ETR EUROPEAN CAR SALES OF AMERICA INC. EVERGLADES EQUIPMENT FORD CRESTVIEW FLORIDA COAST EQUIPMENT FLORIDA OUTDOOR EQUIPMENT GRAINGER GREEN THUMB PALM BEACH HECTOR TURF JEFFREY ALLEN INC JET VAC JN EQUIPMENT JOHN DEERE K&K SYSTEMS KAUFF'S TRUCK & TRAILER KELLY TRACTOR MATTHEWS BUS ALLIANCE NEXTRAN RECHTIEN SENCORE SEMINOLE TOYOTA SITE ONE LANDSCAPE SOUTH FLORIDA EMERGENCY VEHICLES SOUTHERN LAWN EQUIPMENT SOUTHERN SEWER EQUIPMENT STEP ONE AUTO GROUP SUNBELT WASTE EQUIPMENT SUNSHINE GOLF CAR SUTPHEN TEN- 8 TEXAS TRAILERS THE ARMORED GROUP THOMPSON PUMP TRADEWINDS VERMEER VC EQUIPMENT CORP WESTON NISSAN XYLEM 382 FUNDING SOURCE LOAN LEASE PURCHASE SURPLUS ARPA GRANT REPLACEMENT INSURANCE CLAIMS PURCHASE 1.5 383 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-279- Approve a limited term extension amendment extending the City of Boynton Beach's agreement with Mae Volen Senior Center, Inc. for transportation services by an additional 180 days. Requested Action: Staff recommends approval of Proposed Resolution No. R25-279. Explanation of Request: Mae Volen Senior Center, Inc. has provided transportation services for the City of Boynton Beach Senior Center since October 2012. The original agreement required the provider to offer transportation for City senior residents, consisting of four (4) daily rides, Monday through Friday, to and from the Senior Center and individual residences, following routes and destinations established by the City. The current contract expired on September 30, 2025. To maintain uninterrupted transportation services for senior residents, the Procurement Division recommends executing a limited-term contract with Mae Volen Senior Center, Inc. as a single source purchase while a formal solicitation is conducted. The original agreement has been automatically renewed since its inception in 2012; therefore, in accordance with Procurement best practices, the service will be re-solicited to ensure competitive pricing, transparency, and compliance with current procurement standards. Staff recommends that that City Commission approve and authorize the Mayor to execute a limited-term contract with Mae Volen Senior Center, Inc. for transportation services to the City of Boynton Beach Senior Center, until such time that the Procurement Division completes the formal solicitation and a new contract is awarded. How will this affect city programs or services? Extending the current transportation agreement will ensure uninterrupted transportation services for senior residents who rely on the City’s Senior Center. This continuity supports the City’s commitment to providing accessible and reliable transportation, which is essential for seniors to attend programs, access resources, and maintain their independence. Without this extension, there could be a temporary disruption in services that would negatively impact seniors’ participation in City programs. Budgeted Item: Yes 384 Account Line Item and Description: 001-1211-512-49-17 Fiscal Impact: Vendor shall be compensated at a rate of Nine Thousand One Hundred Sixty- Six Dollars and Sixty-Seven Cents ($9,166.67) per month, payable monthly upon submission of invoices to the City. Attachments: R25-279 Agenda_Item_3801- 2025_Resolution_for_Mae_Volen_Limited_Term_Extension.docx Exhibit A to Resolution - Mae_Volen_Senior_Center_Inc_-_Transportation_Services_- _Limited_Term_Extension_Amendment_-_Final_ELUGO_Signed.pdf MVSC City Of Boynton COI 2025-2026.pdf Mae Volen Senior Center 2012.pdf 11-19-24 - Agenda Item - Renewals.pdf 385 RESOLUTION NO. R25-279 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE LIMITED TERM EXTENSION 2 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND THE MAE 3 VOLEN SENIOR CENTER, INC. FOR TRANSPORTATION SERVICES; AND 4 FOR ALL OTHER PURPOSES. 5 6 7 WHEREAS, on October 1, 2012, the Parties entered into a two-party agreement, City of 8 Boynton Beach Agreement No. 070271021 (the “Agreement”) to provide transportation services 9 to the City’s senior residents four (4) daily rides (Monday through Friday), to and from the City’s 10 Senior Center and individual residences following routes and destinations established by the City; 11 and 12 WHEREAS, the current term of the Agreement will expire on September 30, 2025; and 13 WHEREAS, the City will be issuing a procurement solicitation to select a vendor and 14 desires to extend the Term of the Agreement on a limited basis to ensure the City has adequate 15 services for senior residents' transportation services and to provide time for the issuance of a 16 competitive solicitation for a new contract. The Term of the Agreement will be extended on a 17 month-to-month basis for an additional one hundred eighty (180) calendar days, beginning on 18 October 1, 2025, and expiring on April 1, 2026, or execution of a contract under the City’s 19 procurement solicitation; and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to approve the Limited Term Extension 22 Amendment to the Agreement between the City and the Mae Volen Senior Center, Inc. for 23 transportation services. 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 Limited Term Extension Amendment to the Agreement between the City and the Mae 31 386 RESOLUTION NO. R25-279 Volen Senior Center Inc., for transportation services (the “Amendment”), in form and substance 32 similar to that attached as Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 35 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 36 SECTION 4. The City Clerk shall retain the fully executed Amendment as a public record 37 of the City. A copy of the fully executed Amendment shall be provided to Marvelous Washington 38 to forward to the Vendor. 39 SECTION 5. This Resolution shall take effect in accordance with the law. 40 41 42 [SIGNATURES ON THE FOLLOWING PAGE] 43 44 387 RESOLUTION NO. R25-279 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor – Rebecca Shelton _____ _____ 48 49 Vice Mayor – Woodrow L. Hay _____ _____ 50 51 Commissioner – Angela Cruz _____ _____ 52 53 Commissioner – Thomas Turkin _____ _____ 54 55 Commissioner – Aimee Kelley _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 _____________________________ ______________________________ 61 Maylee De Jesús, MPA, MMC Rebecca Shelton 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 _______________________________ 68 Shawna G. Lamb 69 City Attorney 70 388 Limited Term Extension Amendment – Mae Volen Senior Center Page 1 of 3 LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE MAE VOLEN SENIOR CENTER, INC. FOR TRANSPORATION SERVICES AGREEMENT NO. 070271021 This Limited Term Extension Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and The Mae Volen Senior Center Inc., a Florida corporation (“Vendor”) (collectively referred to as the “Parties”). RECITALS Whereas, on October 1, 2012, the Parties entered into a two-party agreement, City of Boynton Beach Agreement No. 070271021 (the “Agreement”) to provide transportation services to the City’s senior residents four (4) daily rides (Monday through Friday), to and from the City’s Senior Center and individual residences following routes and destinations established by the City; and Whereas, the current term of the Agreement will expire on September 30, 2025; and Whereas, the City will be issuing a procurement solicitation to select a vendor and desires to extend the Term of the Agreement on a limited basis to ensure the City has adequate services for senior residents' transportation services and to provide time for the issuance of a competitive solicitation for a new contract; and Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Term of the Agreement is hereby extended on a month-to-month basis for an additional one hundred eighty (180) calendar days, beginning on October 1, 2025, and expiring upon the earlier of April 1, 2026, or execution of a contract under the City’s procurement solicitation. 4. Vendor shall be compensated at a rate of Nine Thousand One Hundred Sixty-Six Dollars and Sixty-Seven Cents ($9,166.67) per month, payable monthly upon submission of invoices to the City. 389 Limited Term Extension Amendment – Mae Volen Senior Center Page 2 of 3 5. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 7. The following new sections are added to the Agreement as follows: (a) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (b) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (c) 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 City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (d) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 8. The effective date of this Amendment shall be the date of complete execution by the Parties. 9. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (Signatures on following page) 390 Limited Term Extension Amendment – Mae Volen Senior Center Page 3 of 3 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, Mayor ____ day of ______________, 2025 Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR The Mae Volen Senior Center, Inc. By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2025 Elizabeth Lugo, President/CEO 16 September 391 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY U O S 6/24/2025 Marsh & McLennan Agency LLC 1000 Corporate Drive Suite 400 Fort Lauderdale FL 33334 FLCertificate@MarshMMA.com Star Insurance Company 18023 MAEVOLEN Florida Insurance Trust 99999Mae Volen Senior Center Inc. dba The Volen Center 1515 West Palmetto Park Road Boca Raton FL 33486 Ameritrust Insurance Corporation 10665 Continental Casualty Company 20443 1632680333 C X 1,000,000 X 1,000,000 10,000 1,000,000 3,000,000 X Y Y FITGL368392025 6/1/2025 6/1/2026 3,000,000 B 1,000,000 X Y Y FITAU368392025 6/1/2025 6/1/2026 A XYFITWC3683920256/1/2025 6/1/2026 2,000,000 2,000,000 2,000,000 C D Professional Liability Directors & Officers /EPLI Claims-Made; Prior/Pend: 1/27/11 FITGL368392025 4025655498 6/1/2025 6/1/2025 6/1/2026 6/1/2026 PL Ea Occur/Aggregate D&O/EPLI Aggregate D&O/EPLI Deductible $1MIL / $3MIL 4,000,000 5,000 Cyber Liability | Houston Casualty Company | Policy#: H24NGP21287403 Policy Term: 1/27/2025 - 1/27/2026 | Each Claim/Aggregate: $1,000,000 | Retention: $5,000 ================================= Fiduciary Liability | Travelers Cas & Surety Co of America | Policy#: 106475559 Policy Term: 6/1/2024 - 6/1/2027 | Limit: $1,000,000 | Retention: $1,000 ================================= Certificate holder, as Designated Organization, is an Additional Insured as respects General Liability when required by written contract subject to the terms, conditions, and exclusions of the policy. City of Boynton Beach Boynton Beach Senior Center 100 East Ocean Avenue Boynton Beach FL 33435 392 393 394 395 City of Boynton Beach Agenda Item Request Form 7.L Consent Bids and Purchases over $100,000 11/19/2024 Meeting Date: 11/19/2024 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 November 19, 2024 - "Request for Extensions and/or Piggybacks." Requested Action: Staff recommends approval of this agenda item. 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 Mae Volen Senior Center, Inc. Senior Center Transportation Services Two-Party Agreement October 1, 2024 – September 30, 2025 Annual Estimated Expenditure $110,000 UNUM Life Insurance Company of America (UNUM) Group Short Term and Disability Insurance City of Boynton Beach Agreement HR22-054 October 1, 2024 – September 30, 2025 Annual Estimated Expenditure $350,000 396 Blue Marlin Investments dba Cayco Landscaping Maintain Palms and Hardwood Trees in the City Facilities, Medians, and Parks Piggyback City of Pembroke Pines Contract RE-20- 08. COBB Contract No. PWE23028 September 28, 2024 - September 27, 2025 Annual Estimated Expenditure $420,000 Graybar Electric Company Purchase of Electrical Parts, Components, and lighting for Warehouse Stock & various Applications throughout the City Piggyback the City of Kansas City with Omnia Partners Contract No. EV2370 COBB No. 045141221 February 1, 2025 - January 31, 2029 Annual Estimated Expenditure $220,000 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: See Attached Bid and Piggyback Over $100K - Exhibit A Attachments: $100K over REQUEST FOR BID EXTENSIONS November 19 2024 Report - Exhibit A.docx Renewal Interest Letter - Mae Volen Senior Center Inc 2024-2025.pdf Renewal Interest Letter - UNUM Short_Long Term Insurance - SIGNED 2024-2025.pdf Renewal First Amendment to Blue Marlin dba Cayco - PSPW-23-11 Citywide Trees, Plants and Other Materials (FE) 2024-2025 Graybar _ OMNIA Partners _ Contract Documents.pdf City_of_Kansas_City_OMNIA_Partners_Public_Graybar Contract_EV2370_Extension 397 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-280- Award Request for Proposal No. 25-053R for the Citywide Holiday Lighting to Artistic Holiday Designs and approve an Agreement between the City and Artistic Holiday Designs in an amount not to exceed $110,000 per year. Requested Action: Staff recommends approval of Proposed Resolution No. R25-280. Explanation of Request: Term of Contract October 22, 2025 - October 21, 2028 Putting up holiday lights in the City of Boynton Beach plays an important role in fostering community pride, supporting local businesses, and enhancing the city’s image as a vibrant destination. Seasonal lighting transforms public spaces—such as downtown streets, parks, and the waterfront—into festive gathering places that encourage residents to come together and enjoy the city after dark. The warm, inviting atmosphere not only strengthens community spirit but also attracts visitors from neighboring areas, boosting local tourism and driving economic activity for restaurants, shops, and small businesses. A beautifully illuminated city becomes a visual landmark that draws attention on social media and regional news, promoting Boynton Beach as a welcoming and lively place to visit during the holidays. Beyond aesthetics, holiday lights improve safety and visibility in public areas, extend the usability of outdoor spaces, and contribute to a sense of joy and celebration that resonates with residents and visitors alike—making Boynton Beach shine as a true holiday destination. On August 14, 2025, Proc urement Services opened a total of eight (8) proposals in response to the Request for Proposals (RFP) No. 25-053R for the Citywide Holiday Lighting - Multi-Year Contract. The RFP was issued seeking services of a qualified and experienced contractor to provide the design, installation, maintenance, and removal of holiday lights and decorations Citywide. This initiative supports the City’s ongoing commitment to creating vibrant, welcoming public spaces that enhance community spirit and attract residents and visitors during the holiday season. A selection committee comprised of Fabien Desrouleaux, Assistant Director, Recreation & Cultural Services, Melanie Gayahpersad, Events Coordinator; and Annalie Holmes, Deputy Director of Public Works, reviewed all proposals. After independently reviewing and ranking each proposal in accordance with the evaluation criteria contained in the RFP, in a publicly noticed meeting held on September 25, 2025, the Committee disclosed its scores, which resulted in the Committee inviting the two top-ranked proposers for the interview/additional discussion phase of the procurement process. 398 On September 29, 2025, interviews/additional discussions took place with the two (2) top- ranked proposals. On September 30, 2025, the committee met for final deliberation and selected Artistic Holiday Designs as the top-ranked, most qualified proposer to be recommended for the award of the contract. Artistic Holiday Designs' proposal was comprehensive, innovative, and demonstrated a strong understanding of the City’s vision for festive and inclusive holiday displays. The proposed designs include a variety of lighting and decorative elements tailored to multiple City-owned properties, including but not limited to Centennial Park and Sara Sims Park. This contract will enable the City to deliver a cohesive and visually impactful holiday experience, while also streamlining installation, maintenance, and removal logistics through a single, professional vendor. VENDOR NAME RANKING Artistic Designs Rank 1 South Florida Lighting Team LLC dba Miami Christmas Lights Rank 1 Stallion Equities LLC dba Randy's Holiday Lighting Rank 3 Rileighs Outdoor, LLC dba Holiday Outdoor Decor Rank 4 Shellard Lighting Designs LLC Rank 5 All Seasons Imports dba The Christmas Palace Rank 6 Brandano Displays, Inc.Rank 7 Solarium Energy Corp Rank 7 How will this affect city programs or services? The proposed agreement with Artistic Holiday Designs represents a strategic investment in the City’s seasonal programming, with the goal of enhancing public spaces while maintaining fiscal responsibility. The budgetary impacts are outlined as follows: 1. Planned and Budgeted Funding: The costs associated with the holiday lighting and décor program have been anticipated and allocated in the City’s approved annual operating budget. No additional or unplanned funding is required at this time. 2. Cost Efficiency Through Outsourcing: Outsourcing the design, installation, maintenance, and removal of decorations reduces the need for City staff overtime, equipment rentals, and supply purchases. This approach provides better value and predictability than managing the program in-house. 399 3. Fixed Annual Cost Structure: The agreement includes a defined scope of work and fixed pricing for services, helping the City avoid unexpected expenses and allowing for accurate annual budgeting over the life of the contract. 4. Potential for Long-Term Savings: By working with a single, professional vendor, the City may realize long-term savings through improved efficiencies, reduced wear on City- owned equipment, and minimized emergency repair costs that can result from DIY or piecemeal installations. 5. Community & Economic ROI: While the program requires upfront investment, it supports increased attendance at City events and downtown activity during the holiday season, which can positively impact local businesses and sales tax revenue. In summary, the holiday lighting contract is a cost-conscious enhancement to City services that provides a strong return on investment through operational efficiency, community engagement, and economic development benefits. Budgeted Item: Yes Account Line Item and Description: 001-1213-519-48-24 Special Events Fiscal Impact: Expenditures of up to $110,000 per year for 3 years, with the option to renew for one (1) two-year renewal. Attachments: Agenda Item 3809-2025 Resolution for Holiday Light RFP Award to Artistic Holiday.docx Exhibit A to Resolution - Citywide Holiday Lighting - Multi-Year Professional Svs Agreement - RFP 25-053R - Vendor Signed 10.10.25.pdf Exhibit B - Proposal for RFP-25-053R Citywide Holiday Lighting - Revised Design for 2025 25-053R - Proposal - Artistic Holiday Designs 25-053R - Citywide Holiday Lighting - Multi-Year - Compliance Tabulations- 25-053R 25-053R - Ordinal Ranking - Summary of Reviewer Scores RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract - Revised 8.1.25.pdf 400 RESOLUTION NO. R25- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 25-053R 2 FOR THE CITYWIDE HOLIDAY LIGHTING TO ARTISTIC HOLIDAY 3 DESIGNS AND APPROVING AN AGREEMENT BETWEEN THE CITY AND 4 ARTISTIC HOLIDAY DESIGNS IN AN AMOUNT NOT TO EXCEED 5 $110,000 PER YEAR; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City issued Request for Proposals (“RFP”) No. 25-053R pursuant to state 8 and local law to solicit proposals for Citywide Holiday Lighting Multi-Year Contract (the “Services”); 9 and 10 11 WHEREAS, Artistic Holiday Designs (“Vendor”) responded to the RFP by submitting its 12 Proposal dated August 13, 2025 (the “Proposal”), and 13 WHEREAS, the City created an evaluation committee, reviewed all proposal responses, 14 and scored the proposals in accordance with the criteria outlined in the RFP; and 15 WHEREAS, the City selected the Vendor as the best qualified to perform the Services; and 16 WHEREAS, the City desires to engage the Vendor to provide such services to the City on 17 an as-needed basis; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the City's citizens and residents to award RFP No. 25-053R for the Citywide 20 Holiday Lighting to Artistic Holiday Designs, and approve an Agreement between the City and 21 Artistic Holiday Designs in an amount not to exceed $110,000 per year. 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 award RFP No. 25-053R for the Citywide Holiday Lighting to Artistic Holiday Designs. 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve an Agreement between the City and Artistic Holiday Designs for Citywide Holiday 31 401 RESOLUTION NO. R25- Lighting in an amount not to exceed $110,000 per year (the “Agreement”), in form and substance 32 similar to that attached as Exhibit A. 33 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 35 ancillary documents required under the Agreement or necessary to accomplish the purposes of 36 the Agreement, including any term extensions as provided in the Agreement, provided such 37 documents do not modify the financial terms or material terms. 38 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 39 of the City. A copy of the fully executed Agreement shall be provided to Melanie Gayahpersad 40 and Taralyn Pratt to forward to the Vendor. 41 SECTION 6. This Resolution shall take effect in accordance with the law. 42 43 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 46 402 RESOLUTION NO. R25- PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 Mayor – Rebecca Shelton _____ _____ 50 51 Vice Mayor – Woodrow L. Hay _____ _____ 52 53 Commissioner – Angela Cruz _____ _____ 54 55 Commissioner – Thomas Turkin _____ _____ 56 57 Commissioner – Aimee Kelley _____ _____ 58 59 VOTE ______ 60 ATTEST: 61 62 _____________________________ ______________________________ 63 Maylee De Jesús, MPA, MMC Rebecca Shelton 64 City Clerk Mayor 65 66 APPROVED AS TO FORM: 67 (Corporate Seal) 68 69 _______________________________ 70 Shawna G. Lamb 71 City Attorney 72 403 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ARTISTIC HOLIDAY DESIGNS, FOR CITYWIDE HOLIDAY LIGHTING MULTI-YEAR CONTRACT 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 Artistic Holiday Designs a corporation authorized to do business in the State of Florida, with a business address of 4417 SE 16 th PL #13, Cape Coral, FL 33904, hereinafter referred to as “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. WHEREAS the City issued Request for Proposals No. 25-053R (the “RFP") pursuant to state and local law to solicit proposals for Citywide Holiday Lighting Multi-Year Contract (the “Services”); and WHEREAS Contractor responded to the RFP by submitting its Proposal dated August 13, 2025 (the “Proposal”), and WHEREAS the City created an evaluation committee, reviewed all proposals responses and scored the proposals in accordance with the criteria outline in the RFP; and WHEREAS the City selected Contractor as the best qualified to perform the Services; and WHEREAS the City desires to engage Contractor to provide such services to the City on an as- needed basis according to the terms and subject to the conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Contractor do hereby agree as follows: 1.SERVICES. a. Services . Contractor shall provide the type of services described in the Scope of Services attached hereto as Exhibit A (which services are hereinafter referred to as the “Services”). Contractor may be requested to provide specific Services for various and different tasks or projects. Contractor shall render the Services in a diligent, careful, thorough, and professional manner consistent with sound business practice and shall at all times provide City with the most sound and reasonable recommendations and advice. The standard of care for all Services performed or furnished by the Contractor under this Agreement will be the care and skill ordinarily used by members of the Contractor’s profession practicing under similar circumstances or at the same time and in the same locality. b. Use of Subcontractors . Contractor shall utilize only the subcontractors identified in its Proposal to provide the Services. Contractor shall obtain written approval of City before changing or modifying any subcontractors, which shall be automatically updated upon such written approval. Contractor shall bind in writing each approved subcontractor to the terms stated in this Agreement, provided that this provision shall not, in and of itself, impose the insurance requirements set forth in Article 24 on Contractor’s subcontractors. 2.TERM. This Agreement shall be for an initial term of THREE (3) years, commencing on October 22, 2025, and shall remain in effect through October 21, 2028 (“Initial Term”), unless otherwise terminated or extended as provided in this Agreement. The City reserves the right to renew the Agreement for one (1) additional two-year renewal term (the “Extension Term”) on the same terms and conditions stated in this Agreement, subject to Contractor’s satisfactory performance as determined by the City, determination by the City that renewal will be in the best interest of the City, 404 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 2 and confirmation that Contractor is the sole source to provide the Services. The Mayor is authorized to execute the term extension amendment(s). If Contractor requests a rate change at the time of renewal, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 3.TIME FOR PERFORMANCE. a.Commencement of Work . Services under the Agreement shall commence upon the City giving written notice to the Contractor to proceed along with a purchase order. Contractor shall perform all Services and provide all deliverables required pursuant to this Agreement. Time is of the essence for the Contractor’s performance of the duties, obligations, and responsibilities required by this Agreement. b.Delays; Untimely Performance . i.Delays; No Fault of Contractor . If Contractor is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by the City or other governmental agencies having jurisdiction over the project and such delays are not the fault of Contractor, or because of delays caused by factors outside the control of Contractor, the City shall grant a reasonable extension of time for completion of the Services. It shall be the responsibility of the Contractor to notify the City in writing whenever a delay in approval by a governmental agency is anticipated or experienced and whenever a delay has been caused by factors outside of the Contractor’s control and to inform the City of all facts and details related to the delay. Contractor must provide such written notice to the City within three (3) business days after the occurrence of the event causing the delay. ii.Delays Due to Contractor . If Contractor fails to substantially complete the Services in whole or in part on or before the date established in the purchase order, Contractor shall pay City its proportional share of any claim for damages arising out of the delay. This section shall not affect either Party's indemnification rights or obligations otherwise outlined in this Agreement. 4.AMOUNT AND METHOD OF COMPENSATION. a.Compensation . As compensation for Services rendered by Contractor to the City , the City shall pay the Contractor an annual amount not to exceed One Hundred Ten Thousand and Zero Cents ($ 110,000.00) (“Fee”) calculated based on the anniversary date of complete execution of the Agreement. The City shall have sole discretion to select lighting, décor, themes, Christmas trees, and other items from Contractor’s catalog or through special order, provided that the total cost of all items and services does not exceed the annual Fee. The Fee is based on the Hourly Rates and pricing outlined in the Fee Schedule attached hereto as Exhibit B and incorporated into this Agreement by reference. The Fee shall be the sole compensation paid to Contractor in connection with the rendition of the Services and the performance of all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Contractor. Contractor shall provide the City with current catalog pricing and availability information, as well as pricing for special order items upon request. The City reserves the right to modify its selections at any time prior to ordering, subject to the annual not-to- exceed amount. b.Subconsultant/Subcontractor Fees . If subcontractor is permitted, the Contractor shall bill the City for subcontractor fees with no markup and within any applicable maximum not- to-exceed amount. c.CPI Increases . All prices for the Initial Term are fixed in accordance with the pricing stated in the Agreement. Contractor may request a price adjustment for labor unit prices for any applicable extension term. This request must be in writing, submitted to the City at least ninety (90) days before the start of the next applicable Extension Term, and accompanied by documentation to substantiate the need for the price adjustment. 405 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 3 Any price adjustment will be consistent with the Consumer Price Index (“CPI”). The CPI data will be obtained from the U.S. Bureau of Labor Statistics’ table for CPI for All Urban Consumers (“CPI-U”), All items in Miami-Fort Lauderdale-West Palm Beach, FL, all urban consumers, not seasonally adjusted or as amended or replaced by the agency. The City will designate a reasonably similar index if no such index is published. In its sole discretion, the City will determine if Contractor’s requested adjustment is in the City's best interest based on current market conditions and information regarding similar services in the area. City approval is required for any price adjustment requested by Contractor; the City will provide written notification to Contractor of City’s decision to approve or reject any requested adjustment. The City may also initiate a price adjustment consistent with the CPI-U; unless otherwise stated in the Agreement, Contractor’s written approval is required for any price adjustment initiated by City. If approved by the City, the CPI price adjustment percentage is calculated as follows: the difference of the CPI current period less the CPI previous period, divided by the CPI previous period, times 100. The CPI current period means the most recently published monthly index before the Agreement’s annual anniversary. The CPI previous period means for the same month of the prior year. Any year's CPI price adjustment percentage will not exceed a maximum change of three percent (3%). Contractor acknowledges that any adjustment is at the City’s sole discretion, and if the City does not approve any such adjustment, Contractor is obligated to perform the Services in full for the entire Term without the requested adjustment to pricing. 5.NOTICES. All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Contractor: Samantha Barkus Artistic Holiday Designs 4417 SE 16th PL #13 Cape Coral, FL 33904 Telephone: (815) 708-1709 Email: Samanthab@artisticholidaydesigns.com 6.INVOICES AND PAYMENT. Invoices must identify the PO number and project description, and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, the person performing services, the nature of the service, the hourly rate, and the dates(s) of service. Invoices may be submitted after such services are performed; however, all services rendered before September 30th of any given year must be invoiced by September 30th of that year. 406 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 4 Payment shall be made only for services performed and completed pursuant to this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Contractor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Contractor of liability for the defective, faulty, or incomplete rendition of the Services. 7.TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. The City will provide the Contractor with proof of tax-exempt status upon request. 8.SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 9.ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 10.PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a.Keep and maintain public records required by the city to perform the service when utilizing non-City-owned equipment. b.Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c.Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and d.Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor’s possession. All records stored electronically by Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format compatible with the City's information technology systems. e.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 11.DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. 407 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 5 12.E-VERIFY. Contractor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for a violation of the statute by Contractor, Contractor may not be awarded a public contract for one (1) year after the date of termination. 13.ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Contractor represents and certifies: (i) Contractor 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 Contractor; and (iii) Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Agreement, Contractor and any subcontractor that will have access to personal identifying information 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 requirements of a proper invoice for purposes of Section 6. 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. 14.ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 15.COUNTRIES OF CONCERN. The Contractor represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 16.PUBLIC ENTITY CRIME ACT. Contractor 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. Contractor 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 Contractor has been placed on the convicted vendor list. 17.CONTINGENT FEE. Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 18.TRUTH-IN-NEGOTIATION REPRESENTATION. Contractor’s compensation under this Agreement is based upon its representations to City. Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate Contractor’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Contractor executes this Agreement. Contractor’s compensation may be reduced by City, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Contractor’s compensation in this Agreement. 19.DULY LICENSED. Contractor represents that it is duly licensed to perform the Services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 408 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 6 20.FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 21.DISPUTES. Any disputes that arise between the parties regarding the performance of this Agreement and 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. 22.TERMINATION. a.Termination for Convenience . This Agreement may be terminated by either Party for convenience upon fourteen (14) calendar days of written notice. In this event, the Contractor shall be compensated for services performed through the termination date, including services reasonably related to termination. b.Termination for Cause . In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. c.In the event of termination, the City shall compensate the Contractor for all authorized work satisfactorily performed through the termination date under the payment terms contained in this Agreement. Contractor shall immediately deliver all documents, written information, electronic data, and other materials concerning City projects in its possession to the City and shall cooperate in transitioning its consulting duties to appropriate parties at the direction of the City. d.Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability hereunder, except that the provisions of this section and the provisions regarding property rights, insurance, indemnification, governing law, and litigation shall survive termination of this Agreement and remain in full force and effect. 23.INDEMNIFICATION. The Contractor shall indemnify and hold harmless the City, and its officers and employees (collectively “indemnified party”, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of the contract (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 409 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 7 The Contractor shall also be liable to the City for all costs, expenses, attorneys’ fees, and damages which may be incurred or sustained by the City by reason of the Consultant’s breach of any of the provisions of the contract. Contractor shall not be responsible for negligent acts of the City or its employees. Further, the Contractor shall hold the City harmless and indemnify the City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Contractor. 24.INSURANCE. At the time of execution of this Agreement, the Contractor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by Attachment A. 25.LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining due to Contractor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no event shall City be liable to Consultant for punitive or exemplary damages or lost profits or consequential damages. 26.INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Contractor is an independent contractor under this Agreement and shall not be considered the City’s employee for any purpose. Contractor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement 27.COMPLIANCE WITH LAWS. Contractor hereby always warrants and agrees that material to the Agreement, Contractor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 28.BREACH OF REPRESENTATIONS. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in its Proposal and this Agreement, and City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Consultant; (c) set off from any amounts due Contractor the total amount of any damage incurred; and (d) debarment of Contractor. 29.ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Contractor, Contractor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any company ownership change shall constitute an assignment that requires the City’s approval. Notwithstanding the foregoing, Contractor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement. Contractor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement within thirty (30) calendar days of such event. 30.NO LIEN. The Contractor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Contractor. 31.AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 32.NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 33.REPRESENTATION OF AUTHORITY. Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that 410 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 8 Contractor has with any third party or violates applicable law. Contractor further represents and warrants that execution of this Agreement is within Contractor’s legal powers, and each individual executing this Agreement on behalf of contractor is duly authorized by all necessary and appropriate action to do so on behalf of contractor and does so with full legal authority. 34.RIGHTS IN DOCUMENTS AND WORK. a.Ownership . All videos, photographs, documents, materials, data, or other work created by Contractor in connection with performing services, whether finished or unfinished (“Documents and Work”), shall be owned by City, and Consultant hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or to the Documents and Work. b.Delivery Upon Expiration or Termination of Agreement . Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Contractor to City within seven (7) days after expiration or termination. Any compensation due to Contractor may be withheld until all Documents and Work are received as provided in this Agreement. Contractor shall ensure that the requirements of this section are included in all agreements with all subcontractor(s). c.Reuse of Project Documents . City may, at its option, reuse (in whole or in part) the resulting end-product or deliverables resulting from Contractor’s Services (including, but not limited to, drawings, specifications, other documents, and services as described herein); and Contractor agrees to such reuse in accordance with this provision. Notwithstanding the foregoing, any modifications made by the City to any of the Contractor’s documents, or any reuse of the documents, will be at the City’s sole risk and without liability to the Contractor. 35.CONTRACTOR’S STAFF. Contractor will provide the key staff identified in its Proposal if they are in Contractor’s employment. Contractor will obtain prior written approval from the City to change key staff. Contractor shall provide City with such information as necessary for City to determine the suitability of proposed new key staff. City will be reasonable in evaluating key staff qualifications. If City desires to request removal of any of Contractor’s staff, City shall first meet with Contractor and provide reasonable justification for said removal; upon such reasonable justification, Contractor shall use good faith efforts to remove or reassign the staff at issue. 36.THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 37.MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 38.COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 39.NON-DISCRIMINATION. Contractor and any subcontractors shall not discriminate based on race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 40.CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of 411 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 9 the RFP and/or Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the RFP; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. 41.ENTIRE AGREEMENT. The Agreement, including the RFP, the Proposal, and the Exhibits that are incorporated into this Agreement in their entirety, embody the entire agreement and understanding of the parties concerning the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment executed by the City and Contractor. 42.SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. (Signatures on following page) 412 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 10 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 ARTISTIC HOLIDAY DESIGNS _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name Artistic Holiday Designs Derek Norwood C.E.O. 413 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 11 EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES TO BE PERFORMED: The City reserves the right to change or choose City locations, City property areas, lighting, décor, themes, Christmas trees, and other items from the Contractor’s catalog, or through special order, at any time prior to ordering, provided that the total cost of all items and services does not exceed the annual not-to-exceed amount. HOLIDAY LIGHTING INSTALLATION: A.CITYWIDE LIGHTING COVERAGE: Installation of Christmas lights on street poles, trees, buildings, parks, and public spaces. Decorative lighting installation at City Hall, community centers, major roadways, and high- traffic areas. Provide a concept drawing and décor plan. B.COMMUNITY CENTERS: Senior Center Hester Center Sims Center Tennis Center Denson Pool IPC Fire Stations C.LIST OF ALL PARK LOCATIONS: Barrier Free Park: Address: 3111 S CONGRESS AVENUE Eco Park (under development): Address: 3500 QUANTUM BOULEVARD Ezell Hester, Jr. Community Center & Park: Address: 1901 N SEACREST BOULEVARD Sara Sims Park: Address: 209 NW 9TH COURT Wilson Park: Address: 225 NW 12TH AVENUE Harvey E. Oyer Park: Address: 2010 N FEDERAL HIGHWAY Intracoastal Park: 414 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 12 Address: 2240 N FEDERAL HIGHWAY Jaycee Park: Address: 2600 S FEDERAL HIGHWAY Oceanfront Park: Address: 6415 N OCEAN BOULEVARD Promenade Park: Address: 700 E MARINA WAY Little League Park: Address: 300 W WOOLBRIGHT ROAD Officer Joseph Crowder Park & Dog Park: Address: 800 RENAISSANCE COMMONS BOULEVARD Centennial Park: Address: 120 E OCEAN AVENUE Heritage Park: Address: 100 W MARTIN LUTHER KING JR. BOULEVARD Kapok Park: Address: 123 E OCEAN AVENUE Kiwanis/Sierra Park: Address: 2215 NE 4TH STREET Veterans Memorial Park, Tom Kaiser, USN: Address: 411 N FEDERAL HIGHWAY Betty Thomas Park: Address: 2882 SE 2nd STREET Boynton Lakes Park: Address: 300 BOYNTON LAKES BOULEVARD Dewey Park: Address: 100 NE 4TH STREET Forest Hills Park: Address: 2500 SW 8TH STREET Hibiscus Park: Address: 660 SW 1ST AVENUE Knollwood Park: Address: 8121 LAWRENCE ROAD Laurel Hills Park: Address: 515 NW 7TH STREET Meadows Park: Address: 4305 N CONGRESS AVENUE Pence Park: Address: 600 SE 4TH STREET Pioneer Canal Park: Address: 848 NW 13TH AVENUE 415 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 13 The Links Golf Course: Address: 8020 JOG ROAD D.ENTRYWAY FEATURES Proposers shall submit designs for custom entryway lighting and decorative features. Designs should include illuminated arches, themed signage, or lighted tunnels to serve as focal points at key city entryways. Provide a concept drawing and décor plan Entry Areas: Fire Station 3 – Miner and Congress Meadows Park – Congress and Miner Blvd Police Department – Gateway and High Ridge Little League Field – Woolbright and Seacrest Barrier Free Park – Congress, South of N Charter Drive Intracoastal Park – 2240 N Federal Hwy Harvey Oyer Boat Ramp – 2010 N Federal Hwy Jaycee Park – Federal Highway and SE 27th Terrace Gateway and Federal E.CHRISTMAS TREE(S) Provide, install, and removal of the Christmas Tree 35 feet tall or greater Installation of a Christmas Tree Topper. Decorative lighting and decorations to match the requested holiday theming. Provide a concept drawing and décor plan. F.AMPHITHEATERS Decorative lighting and decorations. Provide a concept drawing and décor plan. Sara Sims Amphitheater: Address: 209 NW 9TH COURT Centennial Park Amphitheater: Address: 120 E. OCEAN AVENUE G.LIGHTING TYPES & DECORATIONS String lights, icicle lights, net lights, and rope lighting. Animated or synchronized lighting displays. Pole-mounted decorations and LED motifs. Holiday-themed sculptures, figures, or illuminated ornaments, etc. H.MAINTENANCE & MONITORING Routine checks to ensure all lights are operational throughout the holiday season. Replacement of defective lights or components within 24 hours of a service request. 416 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 14 I.REMOVAL Timely removal of all lighting displays by January 10th. Safe and efficient removal without damage to City property. J.Installation Requirements The holiday lighting installation schedule is a week prior to Thanksgiving Day. Vendor can only use City Sidewalks or Turf Areas during installation and removal if the vendor agrees to reimburse the City for the cost to repair any damages caused as a result. All equipment, lifts, and installation teams must operate from designated areas or City- approved access points to avoid damage to landscaping and sidewalks. K.Onsite Presence for annual Holiday Lighting Ceremony The awarded vendor must have a representative onsite prior to and during the official City of Boynton Beach Holiday Lighting Ceremony to ensure lighting displays function correctly and to troubleshoot any issues in real time. The vendor shall coordinate with City staff prior to the event to test all lighting elements. 417 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 15 EXHIBIT B FEE PROPOSAL 418 AMERICA’S GATEWAY TO THE GULFSTREAM – Attachment A 16 ATTACHMENT A INSURANCE REQUIREMENTS The City of Boynton Beach VENDOR INSURANCE REQUIREMENTS – PROCUREMENT 1.INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City’s requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: $1,000,000 each occurrence $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury $1,000,000 per occurrence for Property Damage $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: $2,000,000 each occurrence $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton- beach.org 419 AMERICA’S GATEWAY TO THE GULFSTREAM – Attachment A 17 others or equivalent. Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable. For any Contractor who has exempt status as an individual, the City requires proof of Worker Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: All Risk Coverage including Flood and Windstorm with no coinsurance clause Guaranteed policy extension provision Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder’s Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a.The Contractor shall provide the City with valid Certificates of Insurance (binders re unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b.The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. c.In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d.In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than 420 AMERICA’S GATEWAY TO THE GULFSTREAM – Attachment A 18 ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e.The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f.The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation. g.The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation insurance policy. h.The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, co- insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor’s expense. If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor’s insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor’s insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor’s insurance company and the City’s Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Sexual Assault and Molestation, etc.) may be required based upon the type of event, event location, and/or number of participants. Revised 04/25/2025 421 Artistic Holiday Designs 2025 1 PROPOSAL NARRATIVE - DESIGN EDITS 10/10/2025 AUTHORISED DISTRIBUTOR Citywide Holiday Lighting RFP No. 25-053R 422 Artistic Holiday Designs 2025 2 Centennial Park - Christmas Tree 410682 Walk Thru Polygon Tree + Cone Tree Topper H 32.8ft x W 28.63ft x D 28.63ft + Topper 423 Artistic Holiday Designs 2025 3 Kapok Park - Historic Kapok Tree Branch wrap tree in pure white lights and accent park with 409251 Jubliee Walk Thru Ornament H 14.43ft x W 15.74ft x D 6.56ft 424 Artistic Holiday Designs 2025 4 Centennial Park - Historic Banyan Tree Branch wrap tree in pure white lights 425 Artistic Holiday Designs 2025 5 Centennial Park - Entryway by Historic Banyan Tree 901090 2D Walk-Thru Ornament Arch - blue with pure white rope light H 13.12ft x W 14.76ft x D 3.25ft 426 Artistic Holiday Designs 2025 6 Centennial Park - Entryway off SE 1st Avenue 901090 2D Walk-Thru Ornament Arch - blue with pure white rope light H 13.12ft x W 14.76ft x D 3.25ft 427 Artistic Holiday Designs 2025 7 Centennial Park Amphitheatre c9 lights on roofline, 409534 2D Enchanted Blue Ornaments H 9.84ft x W 7.54ft x D 2.62ft, 203884 Infinity White Ornaments H 9.8ft x W 9.8.ft x L 9.8ft, 203122 Frozen Reindeer H 9.8ft x W 7.22ft x D 3.12ft, 202631 Elsa Throne H 8.53ft x W 5.41ft x D 3.93ft, 411533 Animated Star H 9.84ft x W 9.84ft x D 9.84ft, 204439 Blue Edeco Giftboxes H 3.28ft x W 2.62ft, 413033 Crystal Flake H 3.28ft x W 3.28ft, 203587 / 415501 2D Amaya White Suspensions W 3.28ft 428 Artistic Holiday Designs 2025 8 Light Poles in Town Square Area Wrap black light poles with pure white lights 429 Artistic Holiday Designs 2025 9 Sara Sims Amphitheatre 413036 Star Archway Crossing H 8.2ft x L 19.68ft, Green Garland Pure White Lights, 6 ft Estate Wreath in Blue/Silver with Pure White Lights Tree Lighting in pure white with blue tops 430 Artistic Holiday Designs 2025 10 Sara Sims Park - Fence Lighting Icicle lights on fence in pure white lights 431 Artistic Holiday Designs 2025 11 Barrier Free Park 203489 2D Blue Two Ornament Display H 5.74ft x W 11.48ft, 408476 2D/3D Enchanted Pure Snowflake H 9.84ft x W 9.8ft x D 2.62ft 432 Artistic Holiday Designs 2025 12 Meadows Park 203188 Snowflake Tree H 19.685ft x W 9.84ft x D 9.84ft, 203461 2D Blue Giftbox with Ornament Displays H 8.2ft x W 11.48ft 433 Artistic Holiday Designs 2025 13 Part #Description Dimensions Quantity Amphitheater - Centennial Park -Tree 410682 Polygon Tree + Cone Tree Topper H 32.8ft x W 28.63ft x D 28.63ft 1 Kapok Park Tree Branch Wrap - PW Mini Lights 1 tree - 200 strands per tree 200 409251 Jubliee Walk Thru Ornament H 14.43ft x W 15.74ft x D 6.56ft 1 Banyan Tree Branch Wrap - PW Mini Lights 2 trees - 250 strands per tree 500 Amphitheater - Centennial Park 901090 2D Ornament Arch - Blue H 13.12ft x W 14.76ft x D 3.25ft 2 409534 2D/3D Enchanted Blue Ornament H 9.84ft x W 7.54ft x D 2.62ft 1 203884 Infinity White Ornament H 9.8ft x W 9.8.ft x L 9.8ft 2 202631 Elsa Throne H 8.53ft x W 5.41ft x D 3.93ft 1 412637 Reindeer in White with Silver Spangles H 9.84ft x W 6.23ft x D 2.62ft 1 203122 Frozen Reindeer 9.8ft H 9.8ft x W 7.22ft x D 3.12ft 1 411533 Animated Star H 9.84ft x W 9.84ft x D 9.84ft 1 204439 Blue Edeco Giftbox H 3.28ft x W 2.62ft 5 413033 Crystal Flake H 3.28ft x W 3.28ft 1 203587 / 415501 2D Amaya White W 3.28ft 2 C9s Blue 220 ft 220 Branch Wrap - PW Mini Lights On evergreen trees - 10 strands per 2 trees 20 Poles in Town Square Canopy Wrap - PW Mini Lights 18 poles 4 strands per pole 72 Sara Sims Park Amp. 413036 Star Archway Crossing H 8.2ft x L 19.68ft 1 Garland Pure White 4 poles - 3 per pole 12 Wreath - PW lights & Blue Estate 6ft 1 Trunk Wrap Palm Trees - Pure White 4 Trees - 10 strands per 40 Icicle Lights on Fence Line - Pure White 575'83 Barrier Free Park Address: 3111 S CONGRESS AVENUE 203489 2D Blue Two Ornament Display - 5.74ft H 5.74ft x W 11.48ft 1 408476 2D/3D Enchanted Pure Snowflake H 9.84ft x W 9.8ft x D 2.62ft 1 Meadows Park Address: 4305 N CONGRESS AVENUE 203188 Snowflake Tree H 19.685ft x W 9.84ft x D 9.84ft 1 203461 2D Blue Giftbox with Ornament Display - 8.2ft H 8.2ft x W 11.48ft 2 Lease Bundle Subtotal w/ additional 60% discount $68,601.75 Additional Management Discount to meet budget -$6,969.34 Lease Bundle FINAL Subtotal $61,632.41 Field Services Install, Dismantle & Equipment $34,000.00 On Site Service During the Event $1,500.00 Shipping 2 Trucks - 2 ways 4 $18,000.00 Discount on Shipping Year 1 -$5,132.41 Tax Exempt $0.00 TOTAL $110,000.00 434 Artistic Holiday Designs 2025 14 Thank You Thank you for allowing Artistic Holiday Designs the opportunity to present our ideas. www.ArtisticHolidayDesigns.com Aex Shinn 708-617-0798 AlexS@ArtisticHolidayDesigns.com AUTHORISED DISTRIBUTOR 435 25-053R - Citywide Holiday Lighting Multi-Year Contract Opening Date: June 29, 2025 12:30 AM Closing Date: August 14, 2025 3:00 PM Vendor Details Company Name:Artistic Holiday Designs Does your company conduct business under any other name? If yes, please state: Florida Address: 4417 SE 16th PL Cape Coral, Florida 33904 Contact:Alexander Shinn Email:alexs@artisticholidaydesigns.com Phone:708-722-1174 Fax:708-722-1174 HST#:47-4074306 Submission Details Created On:Friday July 18, 2025 10:08:40 Submitted On:Wednesday August 13, 2025 19:26:35 Submitted By:Alexander Shinn Email:alexs@artisticholidaydesigns.com Transaction #:80141ff7-c868-4b19-9272-643d8e6cfaae Submitter's IP Address:147.243.183.50 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs436 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. PRICE PROPOSAL - HOLIDAY TREE (35 FEET) SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. CHRISTMAS TREE Unit Quantity Unit Cost *Total Christmas Tree - 35 Feet (provide the tree, concept drawing, and decor plan) 35 Ft 1 $11,439.8200 $ 11,439.82 Custom Tree Topper Lump Sum 1 $0.0000 $ 0.00 Lighting and Decor Lump Sum 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $8,977.6900 $ 8,977.69 Subtotal:$ 20,417.51 PRICE PROPOSAL - PARK LOCATIONS - SMALL DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. PARK LOCATIONS - SMALL DISPLAY Unit Quantity Unit Cost *Total Holiday Animated Display at Park Location(s) – Provide Examples of each size category Lump Sum 1 $1,000.0000 $ 1,000.00 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $125.0000 $ 125.00 Subtotal:$ 1,125.00 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs437 PRICE PROPOSAL - PARK LOCATIONS - MEDIUM DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. PARK LOCATIONS - MEDIUM DISPLAY Unit Quantity Unit Cost *Total Holiday Animated Display at Park Location(s) – Provide Examples of each size category Lum Sum 1 $5,000.0000 $ 5,000.00 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $1,500.0000 $ 1,500.00 Subtotal:$ 6,500.00 PRICE PROPOSAL - PARK LOCATION - LARGE DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. PARK LOCATIONS - LARGE DISPLAY Unit Quantity Unit Cost *Total Holiday Animated Display at Park Location(s) – Provide Examples of each size category Lump Sum 1 $10,000.0000 $ 10,000.00 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $3,000.0000 $ 3,000.00 Subtotal:$ 13,000.00 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs438 PRICE PROPOSAL - ENTRYWAY FEATURES - LARGE DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. ENTRYWAY FEATURES - LARGE DISPLAY Unit Quantity Unit Cost *Total Entryway Display (locations are listed under Section II - Entryway Features) – Customized to the City’s Branding (provide a concept drawing, décor plan) Lump Sum 1 $18,000.0000 $ 18,000.00 Design Cost Lump Sum 1 $0.0000 Revision Cost Per Round 1 $0.0000 Labor, Installation, and Removal Lump Sum 1 $3,000.0000 $ 3,000.00 Subtotal:$ 21,000.00 PRICE PROPOSAL - COMMUNITY CENTERS - MEDIUM DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. COMMUNITY CENTERS - MEDIUM DISPLAY Unit Quantity Unit Cost *Total Entryway Display (locations are listed under Section II, Article 2.2 Scope of Services – Community Centers) Lump Sum 1 $5,000.0000 $ 5,000.00 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $1,500.0000 $ 1,500.00 Subtotal:$ 6,500.00 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs439 PRICE PROPOSAL - COMMUNITY CENTERS - LARGE DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. COMMUNITY CENTERS - LARGE DISPLAY Unit Quantity Unit Cost *Total Entryway Display (locations are listed under Section II, Article 2.2 Scope of Services – Community Centers) Lump Sum 1 $10,000.0000 $ 10,000.00 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $3,000.0000 $ 3,000.00 Subtotal:$ 13,000.00 PRICE PROPOSAL - AMPHITHEATERS DISPLAY SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. AMPHITHEATERS DISPLAY Unit Quantity Unit Cost *Total Sara Sims Park Amphitheater Display (provide a concept drawing and décor plan) Lump Sum 1 $7,604.5300 $ 7,604.53 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $5,967.8500 $ 5,967.85 Centennial Park Amphitheater Display (provide a concept drawing and décor plan) Lump Sum 1 $11,674.6900 $ 11,674.69 Design Cost Lump Sum 1 $0.0000 $ 0.00 Revision Cost Per Round 1 $0.0000 $ 0.00 Labor, Installation, and Removal Lump Sum 1 $9,162.0100 $ 9,162.01 Subtotal:$ 34,409.08 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs440 PRICE PROPOSAL - ADDITIONAL FEES SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. ADDITIONAL FEES Unit Quantity Unit Cost *Total Routine Maintenance Per Visit 1 $1,000.0000 $ 1,000.00 Emergency Repair Services Per Hour 1 $150.0000 $ 150.00 Permits (if applicable)Each 1 $0.0000 $ 0.00 Subtotal:$ 1,150.00 PRICE PROPOSAL - DISCOUNT(S) SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. Description Discount Offered % Bid Number: 25-053R Vendor Name: Artistic Holiday Designs441 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request for Qualifications. We (I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Offerors, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Qualifications. Option dropdown is only available for line item number 10. Line Item Description Response *Options 1 Company Name Artistic Holiday Designs 2 Address 4417 SE 16th PL Suite13 3 Telephone 708-722-1174 4 City Cape Coral 5 State FL 6 Zip Code 339904 7 Contractor's License Number NA 8 Federal Tax ID Number 47-4074306 9 Email address for above signer alexs@artisticholidaydesigns.com 10 Indicate which type of organization from the list in the Options Column LLC Limited Liability * 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 RFQ responses Description Response *Comments Is your company a Minority Owned business?No NA * Please select the appropriate response Not Applicable NA * Do you possess a certification qualifying your business as a Minority Owned business? No NA * Issuing organization name Input response in comments box to the right NA * Date of Issuance Input response in comments box to the right NA * 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 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs442 E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. CONSULTANT shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. CONSULTANT further acknowledges that CONSULTANT is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. CONSULTANT shall be responsible for compliance by any sub-consultant or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT, execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT 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, nor 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 CONSULTANT of the CITY’s determination concerning the false certification. CONSULTANT 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, CONSULTANT 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 CONSULTANT does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal/qualification package certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid 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: 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. 1. 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. 2. Give each employee engaged in providing the commodities or contractual services under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 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 five (5) days after each conviction. 4. Impose a section 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. 5. Make a good-faith effort to continue to maintain a drug-free workplace through the implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Item Description Response * 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything in this Section. Yes Bid Number: 25-053R Vendor Name: Artistic Holiday Designs443 OFFEROR'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 10 years 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. NA 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. NA 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. No 5 Are you licensed? If Yes, attach copy of license to submission package. NA 6 Has your company ever declared bankruptcy? If Yes, explain.Yes, explanation letters are included in the bid package References References – Past Performance Provide a minimum of three (3) governmental agency references or large-scale holiday lighting projects and contracts for which the Proposer has completed or is in progress within the past three (3) years, with the following information: Name of Agency Address Contact Name, Email Address Telephone Number Provide a brief description of the services provided and their duration. Role your company provided. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact person 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 may email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. New Column Reference 1 - In Progess or Completed Project * Reference 2 - In Progress or Completed Project * Reference 3 - In Progress or Completed Project * Name of Agency:Kyle Texas Avondale AZ Cleveland Metroparks Zoo * Agency Address:700 Lehman Rd. Kyle, TX 78640 11465 W Civic Center Dr. Avondale AZ 85923 3900 Wildlife Way Cleveland OH 44109 * Contact Name:Benito Pereda Mark Foote Sam Cario Contact Telephone Number:512-216-5044 623-333-2418 216-635-3264 * Contact Email Address:bpereda@cityofkyle.com mfoote@avondaleaz.gov ssc@clevelandmetroparks.com * Name of Project:Kyle Texas Avondale AZ Cleveland Metroparks Zoo- Wild Winter Lights * Provide a brief description of the services provided and the duration: Delivery, Installation and tear down Delivery, Installation and tear down Delivery, Installation and tear down, onsite technician * Project Start Date:2020 2023 2020 * Project Completion Date:still work with still work with still work with * Role your company provided:Design,Lease items, Delivery, installtion, Removal Design,Lease items, Delivery, installtion, Removal Design,Lease items, Delivery, installtion, Removal * Bid Number: 25-053R Vendor Name: Artistic Holiday Designs444 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. Sub-consultant / Sub-Contractor The Proposer proposes the following major sub-consultant(s)/sub-contractor(s) for the major areas of work for the Project. The Proposer is further notified that all sub-consultant(s)/sub-contractor(s) shall be properly licensed, and 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-consultant(s)/sub-contractor(s) if required. Owner reserves the right to reject any sub-consultant 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 sub-consultant in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Name *Address *Scope of work *license No *Contract Amount *Percentage (%) of Contract * Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. SOLICITATION FORMS: The Proposer will submit a response to the solicitation (RFP) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida. All proposal submission forms should be executed and submitted for easy identification. Responses not submitted on proposal submission forms may be rejected. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: Certification Vendor Drug-Free Workplace Qualification Statement References Scrutinized Companies List E-Verify Compliance Sub-Consultant/Sub-Contractor Form Bid Number: 25-053R Vendor Name: Artistic Holiday Designs445 Proposer’s Primary Ownership FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION Document Upload 1: Complete Qualification Package as described in SECTION 111 – Detailed Qualification Package Document Upload 2: Non-Collusive Affidavit & Acknowledgement Document Upload 3: Scrutinized Companies Affidavit Document Upload 4: Foreign Entity Ownership Affidavit Document Upload 5: Anti-Human Trafficking Affidavit Document Upload 6: Proof of State Certified and County Competency Document Upload 7: Certification of Insurance – Proof of Requirements Document Upload 8: Internal Revenue Service Form W-9 Document Upload 9: Anti-Kickback Affidavit DETAILED QUALIFICATION PACKAGE Prospective Proposers interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Brevity and clarity are encouraged. Each of the TEN(10) sections listed below shall be completed online through the e-procurement system and uploaded into DOCUMENT 1. THE QUALIFICATION PACKAGE IS TO BE COMPLETED ONLINE Letter of Interest: A signed cover letter expressing the proposer’s interest in providing holiday lighting services. Include the company name, address, primary point of contact, email address, and phone number. Brief summary of your understanding of the project and your unique approach. Proposer's Qualifications a. Complete and submit the Proposer’s Qualification Statement. b. Legal business name, year established, ownership structure, and office location. c. Describe the Firm and provide a statement of the qualifications for performing the requested services, a summary of business operations, and relevant history. d. Identify the services that your Firm’s staff would complete and those that would be provided by subcontractors, if any. e. If the Principal place of business is different than the location specified in the Proposer’s Qualification Statement, then the Operator shall specify the office location where each project will be managed. f. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as “key contract members”. g. Provide resumes for all key project members outlining the relevant experience and education. h. Identify any sub-consultant(s)/sub-contractor(s) you propose to utilize to supplement your Firm’s staff. i. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. Certified Minority Business Enterprise Please identify if you are a Certified Minority Business Enterprise as defined by the Florida Small and Minority Business Assistance Act. Services to be Provided, Creative Approach, Visual Appeal & Lighting Design Aesthetics: Describe the approach to the scope of work, demonstrated skill set, creativity, and Innovative ideas for the scope of work, including: a. Include details and a narrative of your approach and work plans to the scope of work. b. Conceptual designs, sample images of previous displays for Entryways & Citywide lighting. c. Conceptual renderings or descriptions of proposed entryway features Bid Number: 25-053R Vendor Name: Artistic Holiday Designs446 d. Suggested enhancements to improve the overall holiday ambiance e. Creative proposals for Citywide lighting installations. Availability & Timeline Competency: Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary time and resources to successfully complete the service and projects promptly. Current and projected workload data shall be provided for each key project member as follows: a. Current project work listing and remaining labor commitments. b. Historically, describe the typical number of projects handled by the Proposer’s key project manager at any given time. c. Projected workload. d. Identify any sub-consultant firms providing significant services that may be assigned more than five (5%) of the work. No substitutions will be permitted without the express written approval of the City. Onsite Presence at Lighting Ceremony: a. Availability and Responsiveness References – Past Performance Provide a minimum of three (3) governmental agency references or large-scale holiday lighting projects and contracts for which the Proposer has completed or is in progress within the past three (3) years, with the following information: a. Name of Agency b. Agency Address c. Contact Name, Email Address d. Telephone Number e. Provide a brief description of the services provided and their duration. f. The role your company provided. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact person 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 may email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; 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 or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. See SECTION I – INSTRUCTIONS TO OFFERORS -1.11 RFP FORMS. Document Upload 2: Non-Collusive Affidavit & Acknowledgement Document Upload 3: Scrutinized Companies Affidavit Document Upload 4: Foreign Entity Ownership Affidavit Document Upload 5: Anti-Human Trafficking Affidavit Document Upload 6: Proof of State Certified or County Competency Document Upload 7: Certificate of Insurance – Proof of Requirements Document Upload 8: Internal Revenue Service Form W-9 Document Upload 9: Anti Kick Back Affidavit Bid Number: 25-053R Vendor Name: Artistic Holiday Designs447 Document Upload 1: Complete Qualification Package as described in SECTION III – Detailed Qualification Package - RFP -AHD -Boynton Beach - Proposal Docs (1).pdf - Wednesday July 30, 2025 11:01:26 Document Upload 2: Non-Collusive Affidavit & Acknowledgement - NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER.pdf - Wednesday July 23, 2025 08:45:02 Document Upload 3: Scrutinized Companies Affidavit - Sruntinized Affidavit.pdf - Wednesday July 23, 2025 13:21:56 Document Upload 4: Foreign Entity Ownership Affidavit - Foreign Entity laws.pdf - Wednesday July 23, 2025 08:05:04 Document Upload 5: Anti-Human Trafficking Affidavit - Anti Human Trafficking Laws .pdf - Wednesday July 23, 2025 08:00:16 Document Upload 6: Proof of State Certified or County Competency - Cape Coral BTR (1).pdf - Wednesday July 23, 2025 13:28:57 Document Upload 7: Certificate of Insurance – Proof of Requirements - AHD COI - Blank.pdf - Wednesday July 23, 2025 08:17:36 Document Upload 8: Internal Revenue Service Form W-9 - Doc upload 8 - Artistic Holiday Designs 2025 W9.pdf - Tuesday July 22, 2025 18:23:07 Document Upload 9: Anti Kick Back Affidavit - Anti-Kickback Affidavit.pdf - Wednesday July 23, 2025 07:56:47 Document Upload 10: Proof of Certified Minority Business Enterprise - E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES.pdf - Wednesday July 23, 2025 13:06:17 Additional Document - PROPOSER'S QUALIFICATION STATEMENT.pdf - Wednesday July 23, 2025 13:27:11 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs448 Addenda & Declarations SECTION V – STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract. The term “vendor,” as used below, may collectively apply to vendors, bidders, offerors, proposers, consultants, contractors, subcontractors, and sub-consultants. 1. FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, Proposers shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Proposers must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Proposer shall not be a cause for relief from responsibility. 2. NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the proposal submission form or of any other Proposer, or to fix any overhead profit, or cost elements of the proposal price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Proposer, or any person interested in the proposed work. The Proposer certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 3. LEGAL CONDITIONS Proposers are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Boynton Beach. 4. CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 5. ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices bid/proposal in this solicitation. If additional quantities are not acceptable, the bid sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 6. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 7. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Offeror will in no way be a cause for relief from responsibility. 8. ON PUBLIC ENTITY CRIMES All Request for Proposals, Request for Qualifications, Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 9. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 10. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 11 . COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bid Number: 25-053R Vendor Name: Artistic Holiday Designs449 The Proposer certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Contractor, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 12. PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer and, if awarded 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 any agreement/contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-consultant(s)/sub-contractor(s) and lower-tier sub-consultant(s)/sub-contractor(s). The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its sub- consultant(s)/sub-contractor(s) or lower-tier sub-consultant(s)/sub-contractor(s) to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this agreement/contract justifying its termination. 13. OTHER AGENCIES All Contractor(s) awarded contracts resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Proposer(s). 14. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. During the performance of the Contract, the Consultant and its sub-consultant(s)/sub-contractor(s) shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub-consultant(s)/sub-contractor(s) shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that they will ensure that all sub-consultant(s)/sub-contractor(s), if any, will be made aware of and will comply with this nondiscrimination clause. The Contractor understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 16. INDEPENDENT CONSULTANT RELATIONSHIP: The Proposer and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent Cntractor and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to the agreement/contract shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor's relationship, and the relationship of its employees, to the City shall be that of an independent Contractor and not as employees or agents of the City. 17. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s) or service as specified. 18. 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 Offeror or its agent shall directly or indirectly communicate with any member of City Bid Number: 25-053R Vendor Name: Artistic Holiday Designs450 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 the award of contract to the Offeror. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 19. LEGAL EXPENSES: The City shall not be liable to a Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract or from any other matter generated by or relating to the agreement/contract. 20. NO THIRD-PARTY BENEFICIARIES: No provision of this RFP or agreement/contract to follow with Contractor is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Proposer. 21. DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City’s suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 22. SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, CONTRACTOR, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 23. DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 24. NON-EXCLUSIVE As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida agreement/contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreement/contracts for goods and services falling within the scope of this solicitation and resultant agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant agreement/contract. 25. BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Proposer shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 26. AGREEMENT/CONTRACT Offeror agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding agreement/contract is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Proposer. The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 27. ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. Bid Number: 25-053R Vendor Name: Artistic Holiday Designs451 28. DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Offeror's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item A above. D. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Offeror of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. E. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 29. PROHIBITED TELECOMMUNICATIONS EQUIPMENT Proposer represents and certifies that Offeror and all Sub-consultant(s)/sub-contractor do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Offeror represents and certifies that Offeror and all Sub-consultant(s)/sub-contractor shall not provide or use such covered telecommunications equipment, system, or services during the Term. 30. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Contractor. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Offeror's social, political, or ideological interests. 31. RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 32. DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 33. PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications, or Invitation to Bid are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFQ, RFP, or BID unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The Contractor agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the agreement/contract which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Contractor, or by or in conjunction or consultation with any other party whether or not a party to the agreement/contract, whether or not in privity of contract with the City or the Contractor, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Offeror believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: Keep and maintain public records required by the City to perform the service. 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. 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 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs452 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. Failure of the Contractor to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting agreement/contract. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Alexander Shinn, Executive Project Manager, Artistic Holiday Designs 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 Addendum No. 7 - RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract Wed August 13 2025 09:34 AM 20 Addendum No. 7 - RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract Wed August 13 2025 09:28 AM 20 Addendum No. 7 - RFP No. 25-053R Citywide Holiday Lighting Multi-Year Contract Wed August 13 2025 09:20 AM 20 Addendum No. 6 - RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract Fri August 1 2025 03:56 PM 64 Addendum No. 5 Citywide Holiday Lighting - Multi-Year Contract Tue July 29 2025 10:34 AM 1 Addendum No. 4 - RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract Wed July 23 2025 04:35 PM 1 Addendum No. 3 - RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract Mon July 21 2025 02:24 PM 2 Addendum No. 2 - RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract Fri July 18 2025 12:57 PM 2 RFP 25-053R - Citywide Holiday Lighting - Multi-Year Contract - Prebid Meeting Start Time Change Sun July 6 2025 04:48 PM 1 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs453 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs454 Bid Number: 25-053R Vendor Name: Artistic Holiday Designs455 Solarium Energy Corp Brandano Displays, Inc. Stallion Equities LLC dba Randy's Holiday Lighting Rileighs Outdoor, LLC dba Holiday Outdoor Decor South Florida Lighting Team LLC dba Miami Christmas Lights Shellard Lighting Designs LLC All Seasons Imports dba The Christmas Palace Artistic Holiday Designs Conduct Business under any other name:No No LLC filing as a Sub Chapter S Corp.Christmas Designers Florida, Christmas Designers No The Christmas Palace No 7900 Nova Drive 1473 Banks Road 3718 Instate Park Road North 3124 NW 16th Terrace 14374 Commerce Way 4551 SW Boatramp Avenue 9820 NW 77th Avenue 4417 SE 16th PI. # 13 Suite 208 PI # 13 Davie, FL 33324 Margate, Florida, 33063 Riviera Beach, FL 33404 Pompano Beach, FL 33064 Miami Lakes, FL 33016 Palm City, Florida 34990 Hialeah Gardens, FL 33012 Cape Coral, FL 33904 Contact: Jose Santana Contact: Patrick Brandano; John Brandano; Christina Curry Contact: Ravi Bajaj Contact: Sarah Knoess; Joe Campbell Contact: Kurt Stange; Parker Newell Contact: Spencer Shellard Contact: Brandon Knips Contact: Samantha Barkus ; Alex Shinn; Anthony Lombardo Email: bids@solariumus.com Email: patbrandano@brandano.com cristina.curry@brandano.com Email: ravi@randysholidaylighting.com Email: Sknoess@holidayoutdoordecor.com; salesfl@holidayoutdoordecor.com Email: kurt@miamichristmaslights.com ; parker@miamichristmaslights.com Email: shellardlighting@gmail.com Email: nickc@thechristmaspalace.co m Email: samanthab@artistcholidaydesigns. com ; Alexs@artisticholidaydesigns.com; Anthonyl@artisticholidaydesigns.c om Phone: 954-251-4756 Phone: 954-956-7266; 954-815-3393 Phone: 561-685-7248; 561-845-8000 Phone: 954-633-2146 Phone: 786-540-9295; 786-540-9077 Phone: 561-358-7869 Phone: 786-281-0022 ; 954- 673-9569 Phone: 708-223-8506 x 114 ; 708- 722-1174 Fax: Fax: 954-815-3393 Fax:Fax: 954-681-6872 Fax:Fax:Fax: 305-823-1106 Fax: Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Submission 1 Schedule/Specifications Letter of Interest Included Included in Additional Information Section Included Included Included Included Included Included Proposer's Qualification Statement Form Included & Notarized Included & Notarized Included & Notarized Included & Notarized Received & Notarized Included & Notarized Included & Notarized Received & Notarized How long the Company been in Business 7 Years 35 Years 25 Years 6 Years 17 Years 8 Years 32 Years 15 Years PRICE PROPOSAL - HOLIDAY TREE (35 FEET)8,500.00$ 25,600.00$ 41,500.00$ 37,381.00$ 34,500.00$ 32,000.00$ 25,000.00$ 20,417.51$ PRICE PROPOSAL - PARK LOCATIONS - SMALL DISPLAY 3,250.00$ 1,750.00$ -$ 650.00$ 700.00$ 450.00$ -$ 1,125.00$ PRICE PROPOSAL - PARK LOCATIONS - MEDIUM DISPLAY 3,250.00$ 2,250.00$ -$ 2,500.00$ 10,200.00$ 950.00$ -$ 6,500.00$ PRICE PROPOSAL - PARK LOCATION - LARGE DISPLAY 3,750.00$ 3,200.00$ -$ 13,000.00$ 23,500.00$ 3,650.00$ 84,925.00$ 13,000.00$ PRICE PROPOSAL - ENTRYWAY FEATURES - LARGE DISPLAY 2,950.00$ 4,950.00$ -$ 13,000.00$ 7,538.00$ 5,800.00$ -$ 21,000.00$ PRICE PROPOSAL - COMMUNITY CENTERS - MEDIUM DISPLAY 3,250.00$ 2,250.00$ -$ 2,500.00$ 3,830.00$ 950.00$ -$ 6,500.00$ PRICE PROPOSAL - COMMUNITY CENTERS - LARGE DISPLAY 3,250.00$ 3,200.00$ -$ 13,000.00$ 8,000.00$ 3,650.00$ -$ 13,000.00$ PRICE PROPOSAL - AMPHITHEATERS Sara Sims Park Amphitheater Display:3,200.00$ 6,300.00$ 2,799.38$ 1,500.00$ 14,196.38$ 3,695.00$ -$ 13,572.38$ Centennial Park Amphitheater Display:3,200.00$ 5,190.00$ 1,595.38$ 25,677.50$ 10,549.69$ 9,380.00$ -$ 20,836.70$ PRICE PROPOSAL - ADDITIONAL FEES - Routine Maintenance - Per visit 150.00$ -$ -$ -$ -$ -$ -$ 1,000.00$ PRICE PROPOSAL - ADDITIONAL FEES - Emergency Repair Services - Per Hour 250.00$ -$ 125.00$ -$ 200.00$ -$ -$ 150.00$ PRICE PROPOSAL - ADDITIONAL FEES - Permits (if applicable) - Each 200.00$ -$ -$ -$ 500.00$ -$ -$ -$ PRICE PROPOSAL - DISCOUNT(S) A 10% discount applies to any items selected from the contractor's catalog by the City 3 Year 10% contract discount on all designs mentioned within the proposal -$ 6.5% courtesy discount to the City of Boynton Beach 12% applied for years 1-3, an additional 5% for years 4-5 N/A N/A Addendum: No. 1 - No. 7 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Conflict of Interest None None None None None None None Certification Completed Online Form Completed Online Form Completed Online Form Commpleted Online Form Completed Online Form Completed Online Form N/A City of Cape Coral - Business Tax Receipt # BTR-091013-2021 Exp Confirmation of Minority Owned Business Yes, Hispanic, No Certificate N/A Yes, Asian N/A N/A N/A N/A N/A Local Business Status Certification N/A Submitted - Not Eligible Submitted - Not Eligible N/A Submitted - Not Eligible N/A N/A N/A E-Verify (also is a form & an acknowlegement in bid&tenders)Acknowledged, Form Included, & Notarized Acknowledged, Form Included, & Notarized Acknowledged, Form Included, & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Certification Pursuant to Florida Statute §287.135 - Scrutinized Companies Determination (also a form & an acknowledgement in bids&tenders)Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Received Form Notarized & Acknowledged Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Acknowledged, Form Included & Notarized Vendor Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Non-Collusion Affidavit and Certification of Proposers Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Affidavit of Compliance with Foreign Entity Laws Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Affidavit of Compliance with Anti-Human Trafficking Laws Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Anti-Kickback Affidavit Included & Notarized Included & Notarized Received & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized Included & Notarized W-9 Included Received Included Included Included Included Included Included References Yes, 3 - Included Yes, 3 - Included Yes, 3 - Included Yes, 3 - Included Yes, 3 - Included Yes, 3+ Included Yes, 3 - Included Yes, 3 - Included Resumes Not Included Included Not Included Included Included Included Included Included Sub-consultant / Sub-Contractor None None None None None None None None Turnaround time for written responses to City inquiries Responsive; 1 to 3 business days Not Included Written responses 24 hours & service 24-48 hours 24 hours Less than 24 hours Immediate Response and at the most 24 hours 24 hours 24 hours Photos of prior lighting projects:Not Included Yes, Included Yes, Included Yes, Included Yes, Included Yes, Included Yes, Included Yes, Included Sunbiz:Verified 9.17.25 Verified 9.17.25 Verified 9.17.25 Verified 9.17.25 Verified 9.17.25 Verified 9.17.25 Verified 9.17.25 Verified 9.17.25 Safety Standards Not Included Not Included Not Included Not Included Included Included Not Included Safety Plan Included Certificate of Liability Insurance- Proof:Included Included Included Included Included Included Not Included Included Business Tax Reciept Included Borward Cty LBTR # 181-300411 Included PB Cty LBTR # 200607096 Included Broward Cty LBTR # 379-14680Included Miami-Dade County LBT 6946694Included PB Cty LBTR # 2018110291 State of Florida Business Licenses State of Florida dbpr - Electrical Contractor's Licenses (Arrufat, Alfredo E - license # EC13008751) Catalog:Available upon request Summary of lighting displays Included Included Included Comments: Annual Adjustment Clause: Prices shall increase by 5% per year for the duration of the 3-Year initial contract term, as allowed in Addendum No. 7 Contract total 50% due upon agreement; 25% of remaing balance upon material arrival at job site; 25% final payment after completion of project abd walk thru with client. Deposits non-refundable; pricing based on curen bundle lease; bundled lease proce is for 2025,2026 & 25-053R - Citywide Holiday Lighting Multi-Year Contract - Overview of Specifications and Schedule of Prices PROCUREMENT COMPLIANCE CHECK 456 Fabien Desrouleaux Melanie Gayahpersad Annalie Holmes Ranking 1 - 8 Ranking 1 - 8 Ranking 1 - 8 All Seasons Imports dba The Christmas Palace 7 8 2 5.67 6.00 Artistic Holiday Designs 4 1 1 2.00 1.00 Brandano Displays, Inc.6 7 7 6.67 7.00 Rileighs Outdoor, LLC dba Holiday Outdoor Decor 2 6 5 4.33 4.00 Shellard Lighting Designs LLC 3 5 6 4.67 5.00 Solarium Energy Corp 8 4 8 6.67 7.00 South Florida Lighting Team LLC dba Miami Christmas Lights 1 2 3 2.00 1.00 Stallion Equities LLC dba Randy's Holiday Lighting 5 3 4 4.00 3.00 The Committee determined to: Schedule a virtual meeting with Artistic Holiday Designs & South Florida Lighting Team LLC dba Miami Christmas Lights to discuss pricing Tabulated By: Taralyn Pratt, Assistant Purchasing Manager, 9.25.25 ORDINAL RANKING - SUMMARY OF REVIEWERS' SCORES - EVALUATION COMMITTEE MEETING (PROPOSAL RANKING) - (SEPTEMBER 25, 2025 @ 2:00 PM) RFP No.: 25-053R RFP: CITYWIDE HOLIDAY LIGHTING - MULTI-YEAR CONTRACT Average RankingPROPOSER'S NAME: 457 REQUEST FOR PROPOSALS (RFP) 1 REVISED CITYWIDE HOLIDAY LIGHTING MULTI-YEAR CONTRACT RFP No. 25-053R PUBLISH DATE: June 27, 2025 ADVERTISEMENT DATE: June 27, 2025 NON-MANDATORY PRE-PROPOSAL CONFERENCE: July 8, 2025 by 9:30 AM ALL QUESTIONS DEADLINE: July 14, 2025 by 2:30 PM PROPOSAL DUE & OPENING DATE: July 24, 2025 by 2:30 PM August 14, 2025 by 3:00 PM PRE-PROPOSAL LOCATION: City of Boynton Beach Room 115 100 E. Ocean Avenue Boynton Beach, FL 33435 WHERE TO DELIVER PROPOSAL: Boynton-beach.bidsandtenders.net bids&tendersTM Online Submission Only Procurement Representative: Taralyn Pratt – Prattt@bbfl.us 458 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 2 REQUEST FOR PROPOSALS CITYWIDE HOLIDAY LIGHTING MULTI-YEAR CONTRACT TABLE OF CONTENTS NOTICE TO PROPOSERS ....................................................................................................................................... 6 SECTION I – INSTRUCTIONS TO PROPOSERS – SUBMISSION REQUIREMENTS ................................. 6 PURCHASING SERVICES DIVISION ................................................................................................................. 6 1.0 DEFINITIONS ................................................................................................................................................... 2 “Addenda” .......................................................................................................................................................... 2 “Agreement” ...................................................................................................................................................... 2 “City” or “Owner” ............................................................................................................................................. 2 “Contract Administrator” ................................................................................................................................ 2 “Contract Documents” .................................................................................................................................... 2 “Consultant/Contractor " ................................................................................................................................ 2 “Defective” ......................................................................................................................................................... 2 Effective Date of the Agreement ................................................................................................................... 2 “Evaluation/Selection Committee” ............................................................................................................... 2 “Interested parties” .......................................................................................................................................... 2 “Notice to Proceed” ......................................................................................................................................... 2 “Online e-procurement system” or “e-procurement system” .............................................................. 2 “Procurement Services” ................................................................................................................................. 2 “Proposer/Offeror/Responder” ..................................................................................................................... 2 “Request for Proposals (RFP)” ..................................................................................................................... 2 “Sub-Contractor” .............................................................................................................................................. 2 “Responsible Proposer” ................................................................................................................................. 3 “Responsive Proposer” .................................................................................................................................. 3 “Written Amendment” ..................................................................................................................................... 3 “Unit Price or Hourly Wage Work” ............................................................................................................... 3 “Project, Services, or Program” ................................................................................................................... 3 1.1 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders): .............................................................. 3 1.2 EXAMINATION OF CONTRACT DOCUMENTS: .............................................................................. 3 1.3 ELIGIBILITY OF PROPOSER: ............................................................................................................. 4 1.4 QUALIFICATIONS OF PROPOSERS: ................................................................................................ 4 1.5 PRE-PROPOSAL CONFERENCE: ...................................................................................................... 4 1.6 QUESTIONS AND ADDENDA ON THIS SOLICITATION: .............................................................. 4 1.7 MISTAKES WITHIN RFP: ...................................................................................................................... 5 1.8 SUBMISSION OF THE PROPOSAL: .................................................................................................. 5 1.9 SOLICITATION FORMS: ....................................................................................................................... 5 1.10 EXECUTION OF SOLICITATION DOCUMENTS: ............................................................................. 6 1.11 CAUSES FOR REJECTION: ................................................................................................................. 6 1.12 REJECTION OF PROPOSALS: ........................................................................................................... 6 459 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 3 1.13 WITHDRAWAL OF PROPOSALS: ...................................................................................................... 6 1.14 NO SUBMITTAL: ..................................................................................................................................... 6 1.15 SOLICITATION DEADLINE: ................................................................................................................. 7 1.16 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP): ................................... 7 1.17 PROTEST PROCEDURE: ..................................................................................................................... 7 1.18 MINIMUM STANDARDS REQUIRED BY THE CITY: ....................................................................... 7 1.19 DISQUALIFICATION OF PROPOSER: ............................................................................................... 8 1.20 INFORMATION AND DESCRIPTIVE LITERATURE: ....................................................................... 8 1.21 INTERPRETATIONS: ............................................................................................................................. 8 1.22 CERTIFICATIONS, LICENSES, AND PERMITS: .............................................................................. 8 1.23 SUB-CONSULTING/SUB-CONTRACTING:....................................................................................... 8 1.24 ESCALATOR CLAUSE: ........................................................................................................................ 9 1.25 EXCEPTIONS BY PROPOSER: ........................................................................................................... 9 1.26 TRADE SECRET: .................................................................................................................................... 9 1.27 ANTI-KICKBACK AFFIDAVIT: ........................................................................................................... 10 1.28 CONFLICT OF INTEREST / GIFT POLICY: ..................................................................................... 10 1.29 GIFT POLICY: ........................................................................................................................................ 10 1.30 CONFIRMATION OF MINORITY-OWNED BUSINESS: ................................................................. 10 1.31 LOCAL BUSINESS PREFERENCE: ................................................................................................. 10 1.32 AWARD OF AGREEMENT: ................................................................................................................ 11 1.33 SIGNING OF AGREEMENT: ............................................................................................................... 11 SECTION II – SCOPE OF WORK ......................................................................................................................... 12 2.1 PURPOSE: ............................................................................................................................................. 12 2.2 SCOPE OF SERVICES: ....................................................................................................................... 12 SECTION III – SUBMISSION OF PROPOSALS ................................................................................................. 17 3.1 GENERAL REQUIREMENTS ............................................................................................................. 17 3.2 CERTIFICATION AND LICENSES ..................................................................................................... 17 3.3 DETAILED PROPOSAL PACKAGE .................................................................................................. 17 A. Letter of Interest .................................................................................................................................. 17 B. Proposer’s Qualifications ................................................................................................................. 17 C. Services to be Provided, Creativity & Design Aesthetics......................................................... 18 D. Availability & Timeline Competency .............................................................................................. 18 E. Onsite Presence at Lighting Ceremony ........................................................................................ 18 G. References ............................................................................................................................................ 18 H. Document Uploads ............................................................................................................................. 19 J. Price Proposal ..................................................................................................................................... 19 SECTION IV – EVALUATION OF PROPOSALS ................................................................................................ 20 4.1 EVALUATION METHOD AND CRITERIA ........................................................................................ 20 4.2 ORDINAL RANKING ............................................................................................................................ 20 4.3 ADDITIONAL CLARIFICATION ......................................................................................................... 20 4.4 BEST AND FINAL OFFER .................................................................................................................. 21 460 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 4 4.5 SELECTION PROCESS ....................................................................................................................... 21 SECTION V – STANDARD GENERAL TERMS AND PROVISIONS .............................................................. 22 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: .................. 22 5.2 NON-COLLUSION: ............................................................................................................................... 22 5.3 LEGAL CONDITIONS: ......................................................................................................................... 22 5.4 CONFLICT OF INTEREST: ................................................................................................................. 22 5.5 ADDITIONAL HOURS QUANTITIES: ................................................................................................ 22 5.6 DISPUTES: ............................................................................................................................................. 22 5.7 LEGAL REQUIREMENTS: .................................................................................................................. 22 5.8 ON PUBLIC ENTITY CRIMES: ........................................................................................................... 23 5.9 FEDERAL AND STATE TAX: ............................................................................................................. 23 5.10 PURCHASE ORDER REQUIRED: ..................................................................................................... 23 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: .............................................. 23 5.12 PALM BEACH COUNTY INSPECTOR GENERAL:........................................................................ 23 5.13 OTHER AGENCIES: ............................................................................................................................. 23 5.14 VENUE AND GOVERNING LAW: ...................................................................................................... 24 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ......................................... 24 5.16 INDEPENDENT CONTRACTOR RELATIONSHIP: ........................................................................ 24 5.17 OMISSION OF DETAILS: .................................................................................................................... 24 5.18 LOBBYING - CONE OF SILENCE: .................................................................................................... 24 5.19 LEGAL EXPENSES: ............................................................................................................................. 25 5.20 NO THIRD-PARTY BENEFICIARIES: ............................................................................................... 25 5.21 DIRECT OWNER PURCHASES: ....................................................................................................... 25 5.22 SCRUTINIZED COMPANIES: ............................................................................................................. 25 5.23 DISCRIMINATORY VENDOR LIST: .................................................................................................. 26 5.24 NON-EXCLUSIVE: ................................................................................................................................ 26 5.25 BUSINESS INFORMATION: ............................................................................................................... 26 5.26 AGREEMENT: ....................................................................................................................................... 26 5.27 ENDORSEMENTS: ............................................................................................................................... 26 5.28 DRUG-FREE WORKPLACE: .............................................................................................................. 26 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT: ............................................................... 27 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING .......................................................................... 27 5.31 RIGHTS IN DATA: ................................................................................................................................ 27 5.32 DOCUMENTATION OF COSTS: ........................................................................................................ 27 5.33 PUBLIC RECORDS: ............................................................................................................................. 27 SECTION VI – SPECIAL PROVISIONS – TERM CONTRACT ........................................................................ 29 6.1 ASSIGNMENT: ...................................................................................................................................... 29 6.2 AGREEMENT TERM AND EXTENSION: ......................................................................................... 29 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES: ............................................................... 29 6.4 INDEMNIFICATION: ............................................................................................................................. 29 6.6 INSURANCE REQUIREMENTS: – See sample contract for limits ........................................... 30 461 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 5 6.7 FORCE MAJEURE: .............................................................................................................................. 30 6.9 INSPECTION AND ACCEPTANCE OF WORK PRODUCED: ...................................................... 31 6.10 CONTINGENT FEE:.............................................................................................................................. 31 6.11 TRUTH IN NEGOTIATION REPRESENTATION: ............................................................................ 31 6.12 PERFORMANCE REVIEW EVALUATION: ...................................................................................... 31 6.13 ANTI-HUMAN TRAFFICKING: ........................................................................................................... 32 6.14 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERIFY: .................................................. 32 6.15 ENTITIES OF FOREIGN CONCERN: ................................................................................................ 32 6.16 SUCCESSORS AND ASSIGNS: ........................................................................................................ 32 6.17 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS: ....................................... 33 DRAFT - AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT ...................................................... 36 ATTACHMENT “A” ................................................................................................................................................. 52 ATTACHMENT “B” ................................................................................................................................................... 1 462 RFP No. 25-053R Citywide Holiday Lighting 6 The City of Boynton Beach NOTICE TO PROPOSERS REQUEST FOR PROPOSALS FOR CITYWIDE HOLIDAY LIGHTING MULTI-YEAR CONTRACT RFP No. 25-053R Electronic Requests for Proposals (RFPs) shall be received by the e-procurement system up until July 24, 2025; No Later Than 2:30 P.M. (Local Time) August 14, 2025: No Later Than 3:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within (120) calendar days after such date and time. All RFPs received will be publicly opened and acknowledged of receipt by the City’s Procurement Department via the e-procurement system electronically. The e-procurement system does not permit RFPs received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED PROPOSERS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net and https://boynton- beach.bidsandtenders.net/Module/Tenders/en. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach’s Events Department is requesting sealed proposals from qualified and experienced firms to provide design, installation, maintenance, and removal of holiday lights and decorations citywide. The selected vendor(s) will be responsible for enhancing the City’s festive atmosphere with high-quality and energy-efficient holiday lighting displays. The City reserves the right to award to more than one Proposer. The Proposer(s) shall act as an independent Contractor and not as an employee of the City. PRE-PROPOSAL CONFERENCE: A NON-MANDATORY Pre-Proposal Conference is scheduled for July 8, 2025, at 9:30 AM and will be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Please note that this meeting will be recorded and uploaded to Bids&Tenders, but it is highly encouraged that all parties interested in submitting a proposal for the project should try to attend this meeting. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed contract, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting proposals, and discuss other relevant issues. Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 463 RFP No. 25-053R Citywide Holiday Lighting 7 If any discussions or questions at the pre-proposal meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate. No oral representation or discussion taking place at the pre -proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to and after the pre-proposal meeting should be submitted in writing through the City’s e-procurement platform by the deadline for questions outlined on page 1. Questions related to this RFP are to be submitted to the Purchasing representative through the e- procurement system only by clicking on the “Submit a Question” button for this specific solicitation. 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 advertisement of the Request for Proposal (RFP) and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, 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 Division Director 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 that violates 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-proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071, sealed Proposals, or Responses received by the City in response to a Request for Proposal are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal, 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 Proposal response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Proposals, or replies. CITY OF BOYNTON BEACH 464 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 6 CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT RFP No.: 25-053R SECTION I – INSTRUCTIONS TO PROPOSERS – SUBMISSION REQUIREMENTS A Request for Proposal (RFP) is a method of procurement that allows for communication with responsible offerors and the opportunity for revisions to proposals prior to the award of a contract. This method is appropriate when the scope of services involves factors beyond cost, such as qualifications, technical expertise, creative approach, and relevant experience. This RFP specifically seeks holiday lighting services, which may include the design, installation, maintenance, removal, and storage of decorative lighting displays for seasonal events or municipal celebrations. Given the creative and logistical components of such services, evaluation will not be based on price alone. Proposals will be reviewed and evaluated by an Evaluation Committee in accordance with the criteria outlined in Section IV – Evaluation of Proposals, which may include consideration of the proposer’s past performance, visual design concepts, ability to meet deadlines, safety protocols, and pricing structure. The City reserves the right to award to more than one Proposer and create primary and secondary contracts for both. PURCHASING SERVICES DIVISION Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission. We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders. Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region. Our Purpose: The City of Boynton Beach's Purchasing Division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering. Key Goals: As guardians of the public trust, our Purchasing Division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication. Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service. A Message to our Vendors: Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to. Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation. 465 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 2 1.0 DEFINITIONS Whenever the following terms appear in the RFP or Proposal, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening solicitations that clarify, correct, or change the solicitation requirements or the contract document. “Agreement” The written agreement between the City and the Contractor covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably. “Application for Payment” - The form acceptable to the Contract Administrator is used by the Consultant during the work in requesting progress or final payments and is accompanied by such supporting documentation as is required by the Contract Documents. “City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in writing by the Director, who is the representative of the City concerning the Contract Documents. “Contract Documents” The Contract Documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), drawings, specifications of this solicitation, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These Contract Documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. “Consultant/Contractor " The individual or firm that successfully receives the award for work to be completed as defined by this solicitation. Also referred to as the Successful Proposer. “Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, 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. “Contract Manager” The City’s authorized Contract representative. “Effective Date of the Agreement” The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. “Evaluation/Selection Committee” City Staff and /or outside Consultant or subject matter experts who are assigned to evaluate the submitted proposals. “End User (EU)” - An internal member of the city staff has requested a procurement service. Also known as a Stakeholder (SH). “Qualification Package” - Submission from the Offeror or Firm for this request for qualification. “Interested parties” Firms or proposers interested in the solicitation and plan to eventually become proposers. “Notice to Proceed” A written notice given by the City to the Contractor fixing the date on which the contract time will commence to run and on which the Contractor shall start to perform the Contractor’s obligations under the Contract Documents. Such Notice is to be issued by the project Contract Administrator. “Online e-procurement system” or “e- procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.” “Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach. “Proposer/Offeror/Responder” Any individual, firm, or corporation submitting a proposal for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror,” “Proposer,” and “Responder” are used interchangeably and have the same meaning. “Request for Proposals (RFP)” A method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. “Sub-Contractor/Sub-Consultant” Any person, firm, entity, or organization, other than the employees of the Operator, who contracts with the Contractor to furnish labor, or labor and materials, in connection with the work 466 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 3 or services to the City, whether directly or indirectly, on behalf of the Contractor. “Responsible Proposer” This means a person or firm capable of fully performing the requirements in the RFP and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Proposer” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFP. “Written Amendment” A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Agreement and typically dealing with non-technical aspects rather than strictly work-related aspects of the Contract Documents. “Unit Price or Hourly Wage Work” Work to be paid for based on unit prices outlined within the RFP. “Project, Services, or Program” All matters that will be required to be done by the Contractor in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFP. The following instructions are given to guide Proposers in adequately preparing their response. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders): A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. B. To obtain documents online, please visit Boynton-beach.bidsandtenders.net. C. Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. D. Proposers are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. E. For the above reasons, sufficient time is recommended to complete your RFP Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. F. Proposers should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. G. The e-procurement system will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net 1.2 EXAMINATION OF CONTRACT DOCUMENTS: A. Before submitting a Proposal, each Proposer must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Proposer's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Proposal Documents. B. The Proposer, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 467 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 4 1.3 ELIGIBILITY OF PROPOSER: To be eligible to respond to participate in this RFP, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services similar in magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.4 QUALIFICATIONS OF PROPOSERS: A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. B. The City is not required to award any jobs to a Proposer based solely on their lowest e - submission price. C. Awards will be based on past performance and quality of work in addition to the Proposer’s RFP response. D. If selected for a contract, all Proposers must perform to the satisfaction of the City before being considered for award of additional contracts. E. Proposers whose performance is unsatisfactory shall be subject to debarment or suspension. 1.5 PRE-PROPOSAL CONFERENCE: The City may hold a pre-proposal conference for this project. The information regarding such a meeting will be noted on pages 1 & 6 of this document. 1.6 QUESTIONS AND ADDENDA ON THIS SOLICITATION: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. Since all addenda are available to Proposers through the City’s e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Proposer to have received ALL addenda issued. Proposers should check online at Boynton-beach.bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued. If a Proposer submits their proposal before the solicitation closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal. The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Proposer can view this status change in the “MY BIDS” section of the e-procurement system. A. The Proposer is solely responsible for creating any required adjustments to their Proposal, acknowledging the addenda, and ensuring the re-submitted Proposal is RECEIVED by the e-procurement System no later than the stated Proposal closing time and date. B. The Proposer is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. All responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids&tenders. D. No verbal interpretations may be relied upon. E. Failure of any proposer to receive any such addenda or interpretation shall not relieve any Proposer from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Proposer shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addenda and any applicable attachment. 468 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 5 G. It is the Proposer's responsibility to have received all issued addenda. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the solicitation closing time and date in the event additional adden da are issued. H. Interested parties may preview the solicitation documents with a Preview Watermark before registering for the opportunity. Documents are not provided in any other manner. I. If any interested parties have received this RFP packet from a source other than bids&tenders directly and the interested party is not registered with bids&tenders, they must register with bids&tenders. J. No negotiations, decisions, or actions shall be initiated by the Proposer because of any discussions with a City employee. K. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from proposers submitted through bids&tenders in writing will be recognized by the City as duly authorized expressio ns on behalf of the Proposer. L. Late Submittal Responses are not permitted by the e-procurement system. M. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation from a third party, the responsibility is on the Proposer to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. N. All expenses for making submittal responses to the City are to be borne by the Proposer. 1.7 MISTAKES WITHIN RFP: Proposers are cautioned to examine all terms, conditions, specifications, scope of work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the proposer to any relief from the conditions imposed in the Agreement and may lead to the rejection of a proposal. 1.8 SUBMISSION OF THE PROPOSAL: A. The City’s e-procurement solicitation system shall receive ELECTRONIC SOLICITATION SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for Proposals for this solicitation shall be received by the City’s e - procurement system no later than the time outlined on page #1 of this solicitation. D. Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Proposer to have their Request for Proposals submittal submitted online. E. All proposals shall be submitted in English. F. All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the RFP. 1.9 SOLICITATION FORMS: A. The Proposer will submit a response to the solicitation (RFP) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. B. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida. C. All proposal submission forms should be executed and submitted for easy identification. Responses not submitted on the proposal submission forms may be rejected. D. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. E. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH PROPOSAL: i. Certification 469 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 6 ii. Vendor Drug-Free Workplace iii. Qualification Statement iv. References v. Scrutinized Companies List vi. E-Verify Compliance vii. Sub-Contractor/Sub-Consultant Form viii. Proposer’s Primary Ownership F. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION: i. Document Upload 1: Complete Qualification Package as described in SECTION 111 – Detailed Qualification Package ii. Document Upload 2: Non-Collusive Affidavit & Acknowledgement iii. Document Upload 3: Scrutinized Companies Affidavit iv. Document Upload 4: Foreign Entity Ownership Affidavit v. Document Upload 5: Anti-Human Trafficking Affidavit vi. Document Upload 6: Proof of State Certified and County Competency vii. Document Upload 7: Certification of Insurance – Proof of Requirements viii. Document Upload 8: Internal Revenue Service Form W-9 ix. Document Upload 9: Anti-Kickback Affidavit 1.10 EXECUTION OF SOLICITATION DOCUMENTS: Proposal submissions to this solicitation must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 1.11 CAUSES FOR REJECTION: No response will be canvassed, considered, or accepted which, in the opinion of the City’s evaluation committee, is incomplete, informal, or unbalanced, or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposal invalid. 1.12 REJECTION OF PROPOSALS: A. The City reserves the right to reject any proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is appropriately qualified to carry out the obligations and to complete the work contemplated. B. Any or all proposals will be rejected if there is reason to believe that collusion exists among proposers. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions, unauthorized alternates, or irregularities of any kind. C. The City reserves the right to reject any or all proposals, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.13 WITHDRAWAL OF PROPOSALS: Any Responder may, without prejudice to themself, withdraw its response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same perso n who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be withdrawn. 1.14 NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through bids&tenders the e-procurement system. 470 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 7 1.15 SOLICITATION DEADLINE: The Proposer is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e-procurement solicitation system does not permit late submission responses. 1.16 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP): The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all proposals during the procurement process. C. Reissue the solicitation. D. Extend the RFP deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP). G. Consider and accept an alternate proposal as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RFP procedure. I. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Proposer(s) representing the most advantageous submission to the City. J. In determining the “most advantageous proposal,” price, quantifiable factors, and other factors are considered. Such factors include but are not limited to: a. Statement of Work b. Price Proposal c. Other factors contributing to the overall RFP outlined in SECTION IV – EVALUATION OF PROPOSALS. K. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Proposer’s proposed service; ability to supply and provide service; delivery to required schedules and past perfor mances in other agreements with the City or other government entities. 1.17 PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Division Director, Purchasing, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of t he submittal price or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to a Request for Proposal, it must be received before the solicitation submittal deadline date. B. If the protest relates to any other matter relating to the solicitation, including the intent to award of an agreement, the protest must be received no later than THREE (3) regular business days after the date of the intent to award notification of award by a member of the purchasing staff. Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.18 MINIMUM STANDARDS REQUIRED BY THE CITY: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has the following: 471 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 8 A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to contract within the State of Florida and the City of Boynton Beach. E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.19 DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between proposers. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Proposer. B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.” 1.20 INFORMATION AND DESCRIPTIVE LITERATURE: The Proposer must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Proposer may need to submit cuts, sketches, descriptive literature, and technical specifications coveri ng the products or services offered for proposal evaluation. Reference to literature submitted with a previous submittal or on file with the City will not satisfy this provision. 1.21 INTERPRETATIONS: To ensure fair consideration for all Proposers, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Proposer should be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Proposer shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this solicitation, no later than ten (10) calendar days prior to the solicitation deadline. 1.22 CERTIFICATIONS, LICENSES, AND PERMITS: A. Unless otherwise directed by the City, the Proposer should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Proposer. B. If applicable, the Proposer shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the contractual service at no additional cost to the City. C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Consultant to obtain all certifications, licenses, and permits, if required, to complete the services at no ad ditional cost to the City. D. It is the responsibility of the Proposer to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the Agreement, inclusive of any renewals. E. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. F. Failure to meet this requirement shall be considered a default of the Agreement. 1.23 SUB-CONSULTING/SUB-CONTRACTING: A. If a Proposer utilizes sub-consultants/sub-contractors for any portion of the Agreement for any reason, the Proposer should state the name and address of the sub-consultant/sub- 472 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 9 contractor and the name of the person to be contacted on the online form within the e - procurement system under “Schedule of Sub-consultant.” B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-consultant/sub-contractor is named and to make the award to the Consultant/contractor, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. C. The City also reserves the right to reject a submission of any Proposer if the solicitation names a sub-consultant who has previously failed to perform an award properly or failed to deliver on-time contracts of a similar nature or who cannot perform correctly under this award. D. The City reserves the right to inspect all facilities of any sub-consultant/sub-contractor to determine the foregoing. E. The sub-consultant/sub-contractor will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP). F. Proposers are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.24 ESCALATOR CLAUSE: Any proposal that is submitted subject to an escalator clause will be rejected. 1.25 EXCEPTIONS BY PROPOSER: A. Incorporation in a proposal of exceptions to any portion(s) of the Contract Documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the proposal. B. Any exceptions taken to the terms and conditions of the solicitation or the City’s Agreement shall be considered a part of the Proposer’s solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions does not denote acceptance by the City. Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a Proposer’s submittal. C. The use of the Proposer’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract Documents. 1.26 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 Proposer submits any documents or other information to the City that the Proposer claims are 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 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. 473 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 10 1.27 ANTI-KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 1.28 CONFLICT OF INTEREST / GIFT POLICY: The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All Proposers shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches. A. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employe e, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a proposer considered for a City contract. In addition, the Proposer shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation. Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the proposer. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Proposer shall not have activities or relationships (a) causing the Proposer to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Proposer's objectivity in performing the contract work; or (c) res ulting in an unfair competitive advantage. 1.29 GIFT POLICY: No Proposer who is a party to, or receives a benefit from, this Agreement shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Proposer who is a party to, or receives a benefit from, this Agreement. 1.30 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 Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.31 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 Requests for Proposals, Requests for Qualifications, or Requests for Letters of Interest, the solicitation shall include a criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. Local Preference shall not be applied when its application would result in an award that exceeds the otherwise lowest responsive, responsible proposer by 5% or $5,000, whichever is lower. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification, or Requests 474 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 11 for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Purchasing Division, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference.” Respondents must include the Local Business Status Certification Form with their RFP submissions to be considered for a local business preference. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the total 5 points allotted by each evaluation committee member. Firms not meeting the Preference requirements will receive zero points in this evaluation criterion. 1.32 AWARD OF AGREEMENT: A. Agreement(s) or purchase order(s) will be awarded by the City to the most qualified, responsive, responsible Proposer whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered. B. Proposals will be evaluated based on the evaluation factors and standards set forth herein. The City reserves the right to reject all proposals and waive technical errors as set forth herein. C. In the event of a court challenge to an award by any Proposer, damages, if any, resulting from an award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. Each party shall be responsible for its own attorney’s fees and costs. D. In no case will the award be made until all necessary investigations have been made into the Proposer's responsibility and the City is satisfied that the most qualified, responsive, responsible Proposer is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.33 SIGNING OF AGREEMENT: An Award Letter will be presented to the Contractor. Within ten (10) calendar days after the award letter is issued, the Contractor should sign and deliver the Agreement to the City with the required bonds (if applicable) and insurance certificates. After receiving and approving such documents, the Agreement would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Agreement to the Contractor. At times, a purchase order will be issued in lieu of a formal agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 475 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 12 CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT RFP No: 25-053R SECTION II – SCOPE OF WORK 2.1 PURPOSE: The City of Boynton Beach is seeking qualified vendor(s) to provide design, installation, maintenance, and removal of holiday lights and decorations citywide. The selected vendor(s) will be responsible for enhancing the City’s festive atmosphere with high -quality, energy-efficient holiday lighting displays. Proposers must submit: • A price per linear foot for lighting installations. • A catalog price for available holiday lighting and décor. • A percentage discount applicable to all catalog items. • Concept designs for entryway features and citywide lighting displays The awarded contract will be for a three (3) year term with an option for one (1) two -year renewal at the City’s discretion based on vendor performance, funding availability, and ongoing need for services. 2.2 SCOPE OF SERVICES: The selected vendor(s) shall provide a full-service holiday lighting package, including the following: 2.2.1 HOLIDAY LIGHTING INSTALLATION: A. CITYWIDE LIGHTING COVERAGE: • Installation of Christmas lights on street poles, trees, buildings, parks, and public spaces. • Decorative lighting installation at City Hall, community centers, major roadways, and high-traffic areas. • Provide a concept drawing and décor plan. B. COMMUNITY CENTERS: o Senior Center o Hester Center o Sims Center o Tennis Center o Denson Pool o IPC o Fire Stations 476 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 13 C. LIST OF ALL PARK LOCATIONS: o Barrier Free Park Address: 3111 S CONGRESS AVENUE o Eco Park (under development) Address: 3500 QUANTUM BOULEVARD o Ezell Hester, Jr. Community Center & Park Address: 1901 N SEACREST BOULEVARD o Sara Sims Park Address: 209 NW 9TH COURT o Wilson Park Address: 225 NW 12TH AVENUE o Harvey E. Oyer Park Address: 2010 N FEDERAL HIGHWAY o Intracoastal Park Address: 2240 N FEDERAL HIGHWAY o Jaycee Park Address: 2600 S FEDERAL HIGHWAY o Oceanfront Park Address: 6415 N OCEAN BOULEVARD o Promenade Park Address: 700 E MARINA WAY o Little League Park Address: 300 W WOOLBRIGHT ROAD o Officer Joseph Crowder Park & Dog Park Address: 800 RENAISSANCE COMMONS BOULEVARD o Centennial Park Address: 120 E OCEAN AVENUE o Heritage Park Address: 100 W MARTIN LUTHER KING JR. BOULEVARD o Kapok Park Address: 123 E OCEAN AVENUE o Kiwanis/Sierra Park Address: 2215 NE 4TH STREET o Veterans Memorial Park, Tom Kaiser, USN Address: 411 N FEDERAL HIGHWAY o Betty Thomas Park Address: 2882 SE 2nd STREET 477 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 14 o Boynton Lakes Park Address: 300 BOYNTON LAKES BOULEVARD o Dewey Park Address: 100 NE 4TH STREET o Forest Hills Park Address: 2500 SW 8TH STREET o Hibiscus Park Address: 660 SW 1ST AVENUE o Knollwood Park Address: 8121 LAWRENCE ROAD o Laurel Hills Park Address: 515 NW 7TH STREET o Meadows Park Address: 4305 N CONGRESS AVENUE o Pence Park Address: 600 SE 4TH STREET o Pioneer Canal Park Address: 848 NW 13TH AVENUE o The Links Golf Course Address: 8020 JOG ROAD Use of energy-efficient LED lights where applicable. C. Entryway Features • Proposers shall submit designs for custom entryway lighting and decorative features. • Designs should include illuminated arches, themed signage, or lighted tunnels to serve as focal points at key city entryways. • Provide a concept drawing and décor plan SUGGESTED ENTRYWAY AREAS: o Fire Station 3 – Miner and Congress o Meadows Park – Congress and Miner Blvd o Police Department – Gateway and High Ridge o Little League Field – Woolbright and Seacrest o Barrier Free Park – Congress, South of N Charter Drive o Intracoastal Park – 2240 N Federal Hwy o Harvey Oyer Boat Ramp – 2010 N Federal Hwy o Jaycee Park – Federal Highway and SE 27th Terrace 478 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 15 o Gateway and Federal D. Christmas Tree(s) • Provide, install, and the removal of the Christmas Tree 35 feet tall or greater (Please provide all size options in inventory). • Installation of a Christmas Tree Topper. • Decorative lighting and decorations to match the requested holiday theming. • Provide a concept drawing and décor plan. E. Amphitheaters • Decorative lighting and decorations. • Provide a concept drawing and décor plan. o Sara Sims Amphitheater - 209 NW 9TH COURT o Centennial Park Amphitheater – 120 E. OCEAN AVENUE F. Lighting Types & Decorations • String lights, icicle lights, net lights, and rope lighting. • Animated or synchronized lighting displays (if applicable). • Pole-mounted decorations and LED motifs. • Holiday-themed sculptures, figures, or illuminated ornaments, etc. G. Maintenance & Monitoring • Routine checks to ensure all lights are operational throughout the holiday season. • Replacement of defective lights or components within 24 hours of a service request. H. Removal • Timely removal of all lighting displays by January 10th. • Safe and efficient removal without damage to City property. I. Installation Requirements • The holiday lighting installation schedule is a week prior to Thanksgiving Day. • Vendors can only use City Sidewalks or Turf Areas during installation and removal if the vendor agrees to reimburse the City for the cost to repair any damages caused as a result. 479 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 16 • All equipment, lifts, and installation teams must operate from designated areas or City-approved access points to avoid damage to landscaping and sidewalks. J. Onsite Presence for annual Holiday Lighting Ceremony • The awarded vendor must have a representative onsite prior to and during the official City of Boynton Beach Holiday Lighting Ceremony to ensure lighting displays function correctly and to troubleshoot any issues in real time. • The vendor shall coordinate with City staff prior to the event to test all lighting elements. 2.2.2 Contract Enforcement & Dispute Resolution A. Penalties for Non-Compliance: To ensure quality and reliability, the City reserves the right to impose penalties for failure to meet contractual obligations, including: • Failure to Install on Schedule: A $500 per day penalty for delays beyond the agreed installation deadline, unless due to weather or other City - approved delays. • Failure to Maintain Operational Lighting: A $250 per day penalty for unresolved lighting failures beyond the required 24-hour repair window. • Failure to Remove Lighting on Schedule: A $500 per day penalty for delayed removal past the agreed timeline. • Non-Compliance with Installation Restrictions: A $1,000 per occurrence penalty for failure to comply with the prohibition on sidewalks or turf usage. B. Dispute Resolution: • Any disputes between the City and the awarded vendor shall first be addressed through negotiation and mediation. • If disputes cannot be resolved informally, the matter shall be referred to binding arbitration in accordance with the laws of the State of Florida. • The vendor agrees to comply with all City of Boynton Beach procurement regulations and policies governing dispute resolution. The City reserves the right to terminate the contract for cause if the vendor fails to perform according to the agreed-upon terms and conditions. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 480 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 17 CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT RFP No: 25-053R SECTION III – SUBMISSION OF PROPOSALS 3.1 GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Proposer and the particular staff to be assigned to this engagement. It should also specify an approach that will meet or exceed the RFP requirements. The selected Contractor(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Consultant will be required to demonst rate recent experience successfully completing services similar to those specified in this RFP. 3.2 CERTIFICATION AND LICENSES Proposers must include copies of all applicable certifications, licensing, and business permits related to the Work specified in the scope of work with their proposals. 3.3 DETAILED PROPOSAL PACKAGE Proposers interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Each of the ten (10) sections listed below shall be completed online through the e-procurement system. A. Letter of Interest A signed cover letter expressing the proposer’s interest in providing holiday lighting services. Include the company name, address, primary point of contact, email address, and phone number. Brief summary of your understanding of the project and your unique approach. B. Proposer’s Qualifications a. Complete and submit the Proposer’s Qualification Statement. b. Legal business name, year established, ownership structure, and office location. c. Describe the Firm and provide a statement of the qualifications for performing the requested services, a summary of business operations, and relevant history. d. Identify the services that your Firm’s staff would complete and those that would be provided by subcontractors, if any. e. If the Principal place of business is different than the location specified in the Proposer’s Qualification Statement, then the Operator shall specify the office location where each project will be managed. f. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as “key contract members”. g. Provide resumes for all key project members outlining the relevant experience and education. 481 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 18 h. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. C. Services to be Provided, Creative Approach, Visual Appeal & Lighting Design Aesthetics Describe the approach to the scope of work, demonstrated skill set, creativity, and Innovative ideas for the scope of work, including: a. Include details and a narrative of your approach and work plans to the scope of work. b. Conceptual designs, sample images of previous displays for Entryways & Citywide lighting. c. Conceptual renderings or descriptions of proposed entryway features d. Suggested enhancements to improve the overall holiday ambiance e. Creative proposals for Citywide lighting installations. D. Availability & Timeline Competency Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary time and resources to successfully complete the service and projects promptly. Current and projected workload data shall be provided for each key project member as follows: a. Current project work listing and remaining labor commitments. b. Historically, describe the typical number of projects handled by the Proposer’s key project manager at any given time. c. Projected workload. d. Identify any sub-consultant firms providing significant services that may be assigned more than five (5%) of the work. No substitutions will be permitted without the express written approval of the City. E. Onsite Presence at Lighting Ceremony a. Availability and Responsiveness F. Safety Measures and Installation Practices a. Describe adherence to OSHA safety standards. b. Provide the firm’s safety training protocols for all staff involved. c. Provide the firm’s fall protection measures and electrical safety precautions. d. Provide the firm’s safety plan or policy currently in place. G. References Provide a minimum of three (3) governmental agency references or large -scale holiday lighting projects and contracts for which the Proposer has completed or is in progress within the past three (3) years, with the following information: a. Name of Agency b. Agency Address c. Contact Name, Email Address d. Telephone Number e. Provide a brief description of the services provided and their duration. f. The role your company provided. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. 482 City of Boynton Beach Purchasing Division RFP No. 25-053R Citywide Holiday Lighting 19 Contact person 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 may email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. H. Document Uploads The following is a summary of documents required to be submitted or agreed to electronically for this RFP. Failure to include a technical proposal, bid surety (if required below), or any other document that, by its omission, may prejudice the rights of other respondents, may result in immediate rejection of your proposal. I. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. a. Proposers Qualification Statement – Upload Online b. Non-collusion Affidavit of Proposer– Upload Online c. E-Verify Form Under Section 448.095 – Upload Online d. Certification Pursuant to Florida Statute § 287.135 - Upload Online e. Anti-Kickback Affidavit – Upload Online f. Affidavit of Compliance with Foreign Entity Laws - Upload Online g. Affidavit of Compliance with Anti-Human Trafficking Laws - Upload Online h. Copy of Proposer's W9 - Upload Online i. Proposer Acknowledgement – Online Acknowledgement j. Addenda Acknowledgement – Online Acknowledgement k. Confirmation of Minority-Owned Business - Online Form l. Confirmation of Drug-Free Workplace - Online Acknowledgement m. Palm Beach Inspector General - Online Acknowledgement n. Local Business Certification - Supplier Must Present a copy of Certification. o. Statement of non-submittal (if applicable) - Online Form p. Schedule of Sub-Contractor – Input list, if applicable. q. Submit current Florida Professional License(s), including evidence of possession of required licenses – Upload Online r. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment. – Upload Online s. Submit any Supplemental information relative to this RFP – Upload Online J. Price Proposal ▪ Cost per linear foot for standard lighting installations. ▪ Cost for the concept drawing and décor plan. ▪ Cost for labor, installation, removal, design, and revisions. ▪ Cost of custom designed items. ▪ Product and Service Offerings ▪ Catalog Price List of all available lighting and décor items with applicable Percentage discount applicable to all catalog items. ▪ A catalog or list of all inventory, accessories, and any additional merchandise with pricing. ▪ Provide a catalog or list of all Christmas trees, including sizes , with pricing. All prices are entered into Boynton-beach.bidsandtenders.net in the Schedule of Prices. The form in the document is for informational purposes only. 483 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 20 CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT RFP No: 25-053R SECTION IV – EVALUATION OF PROPOSALS 4.1 EVALUATION METHOD AND CRITERIA The City’s Purchasing Division Agent or Designee will conduct a preliminary evaluation of each Proposal through the City’s electronic e-procurement system, Boynton-beach.bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation and Selection Committee, herein referred to as “Selection Committee,” comprised of City staff and an outside consultant(s), if deemed necessary. The Selection Committee may utilize the City’s e-procurement system to electronically evaluate all submittals based on the information provided and criteria as set forth in this solicitation. The City’s Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive, which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP. 4.2 ORDINAL RANKING The Evaluation Committee will review all responsive proposals and assign ordinal rankings to each proposer based on the evaluation criteria set forth in Section IV – Evaluation of Proposals. Under this method, each committee member will independently rank the proposals in order of preference (1st, 2nd, 3rd, etc.), with “1” representing the most preferred proposal. Once individual rankings are completed and reviewed at the evaluation committee, the rankings will be entered by the Procurement Services Division representative, who will compile the rankings using a consensus-based approach or a weighted point scoring matrix, if applicable. The proposer with the lowest cumulative score (i.e., the highest overall ranking across committee members) will be considered the most advantageous to the City. This method allows for a qualitative comparison of proposals based on overall merit, taking into consideration factors such as: • Creative approach and visual appeal of the holiday lighting design • Experience with similar projects and references • Capacity to meet project timelines • Safety measures and installation practices • Pricing and value In the event of a tie or close rankings, the Committee may hold additional discussions, request clarifications, or invite oral presentations before finalizing rankings. 4.3 ADDITIONAL CLARIFICATION The City reserves the right to seek clarification from any or all Proposers if the information received during the evaluation process requires further explanation. Clarifications may be requested either 484 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 21 before or after shortlisting, depending on what the Evaluation Committee determines to be in the best interest of the City. 4.4 BEST AND FINAL OFFER A process requested from one proposer or short-listed proposers for their best price(s) for a specific solicitation before determining a contract award. This shall be at the discretion of the Evaluation Committee. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions. The City reserves the right to request Best and Final Offers from any or all Proposers if it is determined that further revisions to the proposal, including the proposed price, are necessary. 4.5 SELECTION PROCESS A. An Evaluation Committee consisting of the City’s staff members, and may include outside consultants as deemed necessary, will review each written submission to ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFP. B. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All Evaluation Committee members' scores may be electronically opened and read aloud for discussion among the Evaluation Committee members. C. The Evaluation Committee may, at its sole discretion, request discussions or interviews or require presentations, additional information, or clarification of any information submitted by Respondent(s). D. The Evaluation Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and after the completion of the discussions, interviews, or presentations, the Committee will utilize the presentation points out lined above. E. After the final ranking is completed, City staff or the Evaluation Committee will initiate negotiations with the top-ranked firm. Once an acceptable contract is finalized, which may include a Best and Final Offer, the agenda item with the final contract wi ll be presented to the City Commission for final approval. F. After approval by the City Commission, the City Representative authorized to execute contracts will execute an Agreement(s) based on the attached draft contract developed from this Request for Proposals (RFP). G. The City reserves the right to include additional provisions if the inclusion is in the City's best interest, as determined solely by the City. H. In the event less than three (3) firms express interest in a solicitation or less than three (3) are deemed qualified by the Evaluation Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. I. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. J. CONTACT WITH ANY PERSONNEL OF THE CITY OF BOYNTON BEACH OTHER THAN THE PROCUREMENT REPRESENTATIVE DURING THE SOLICITATION, EVALUATION, AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 485 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 22 HOLIDAY LIGHTING – MULTI- YEAR CONTRACT RFP No: 25-053R SECTION V – STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement/contract. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Proposers must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Proposer shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION: Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The proposer certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 5.3 LEGAL CONDITIONS: Proposers are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and Ordinances of the City of Boynton Beach. 5.4 CONFLICT OF INTEREST: The award is subject to all conflict-of- interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 5.5 ADDITIONAL HOURS QUANTITIES: The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices proposal in this solicitation. If additional quantities are not acceptable, the price proposal sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 5.6 DISPUTES: Any disputes that arise between the parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. 5.7 LEGAL REQUIREMENTS: Proposer shall comply with all Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. 486 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 23 Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES: All Request for Proposals as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 5.9 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 5.10 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Contractor, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer and, if awarded Proposer, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Proposer and its sub-contractor and lower-tier sub-contractors. The Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Proposer or its sub- contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 5.13 OTHER AGENCIES: Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. 487 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 24 Further, it is understood that each agency will issue its own purchase order or contract to the awarded Proposer(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT A. The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. B. During the performance of the Agreement, the Contractor and its sub-contractors shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. C. The Proposer will take affirmative action to ensure that employees and those of its sub- consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. D. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. E. The Contractor and its sub- contractor shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. F. The Contractor further agrees that they will ensure that all sub- contractors, if any, will be made aware of and will comply with this nondiscrimination clause. G. The Proposer understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 5.16 INDEPENDENT CONTRACTOR RELATIONSHIP: The Proposer and, if awarded Proposer, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Proposer shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Proposer's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 5.17 OMISSION OF DETAILS: Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s) or service as specified. 5.18 LOBBYING - CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist 488 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 25 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, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all 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 the 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-proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 5.19 LEGAL EXPENSES: The City shall not be liable to a Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFP or agreement/contract to follow with Contractor is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Proposer. 5.21 DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor/Proposer or the City’s suppliers for contracts/construction/public works- related materials when deemed in the City's best interest. 5.22 SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, Proposer, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: 489 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 26 Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 5.23 DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. 5.24 NON-EXCLUSIVE: As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City’s Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 5.25 BUSINESS INFORMATION: If a proposing firm is a Joint Venture for the goods/services described herein, the Proposer shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT: Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Proposer. The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 5.27 ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. 5.28 DRUG-FREE WORKPLACE: The Proposer shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Proposer's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. D. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty 490 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 27 or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. E. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT: Proposer represents and certifies that Proposer and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-contractors shall not provide or use such covered telecommunications equipment, system, or services during the Term. 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Consultant. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political, or ideological interests. 5.31 RIGHTS IN DATA: Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 5.32 DOCUMENTATION OF COSTS: All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 5.33 PUBLIC RECORDS: Sealed documents received by the City in response to a Request for Proposals are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Proposer agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Proposer, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Proposer, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public 491 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 28 document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Proposer shall comply with Florida’s Public Records Law. Specifically, the Proposer shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, 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 Agreement, 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. Failure of the Proposer to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 5.34 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. HOLIDAY LIGHTING – MULTI-YEAR CONTRACT 492 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 29 RFP No: 25-053R SECTION VI – SPECIAL PROVISIONS – TERM CONTRACT The Contractor will be responsible for supplying all necessary labor, staffing, supplies, equipment, and all other needed resources to run the facility operations at its own expense. The City is not responsible for any agreements, contracts, expenditures, debt, or credit incurred by the Operator regarding managing facility operations and additional services mentioned in this RFP for the City of Boynton Beach. The following special provisions shall apply to all Proposers and eventually to the Contractor(s) who are awarded the contract for these services. 6.1 ASSIGNMENT: Any contract issued pursuant to this request for proposal and the funds that may come due hereunder are not assignable except with the prior written approval of the City. 6.2 AGREEMENT TERM AND EXTENSION: The awarded contract will be for a three (3) year term with an option for one (1) two -year renewal at the City’s discretion based on performance and funding availability. The City reserves the right to extend automatically for a period not to exceed an additional ONE HUNDRED EIGHTY (180) calendar days by mutual agreement and by filing a written notice signed by the Contractor to the City’s Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of the contract. 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES: CITY or CONTRACTOR may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in Section II – Scope of Work to be provided under this Agreement, subject to the requirements. Such changes or additional work must be in accordance with the provisions of the CITY’s Code of Ordinances, and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. CONTRACTOR shall continue to render services while seeking a change order unless such services have not been authorized herein by written amendment or change order. Services to be performed while seeking a change order which have not been described herein or in a separate written amendment or change order shall be performed at the CONTRACTOR’S own risk. In no event will the CONTRACTOR be compensated for any services which have not been described either herein or in a separate written amendment or change order. 6.4 INDEMNIFICATION: The Contractor shall indemnify, hold harmless, and defend City and all of City’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabiliti es, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Contractor, or any intentional, reckless, or negligent act or omission of Contractor, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the 493 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 30 Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. The Contractor shall also be liable to the City for all costs, expenses, attorneys’ fees, and damages which may be incurred or sustained by the City by reason of the Consultant’s breach of any of the provisions of the contract. Contractor shall not be resp onsible for negligent acts of the City or its employees. Further, the Consultant shall hold the City harmless and indemnify the City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Contractor. 6.5 PERFORMANCE OF CONTRACTOR: The Proposer shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. Failure on the part of the submitting Proposer to comply with the conditions, terms, specifications, and requirements of the RFP shall be cause for cancellation of the RFP award, notwithstanding any additional requirements enumerated in the Special Conditions herein relating to performance- based contracting. The City may, by written notice to the Responding Firm, terminate the Agreement for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 6.6 INSURANCE REQUIREMENTS: – See sample contract for limits If a Contractor is providing a service under this Agreement, then the Contractor shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, insurance coverages and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Contractor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the Agreement. It shall be the responsibility of the Contractor to maintain workers’ compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance during the time any of his/her personnel are working on City of Boy nton Beach property. Loss by fire or any other cause shall be the responsibility of the Contractor until such time as the items and/or work have been accepted by the City. The Contractor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida. The City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 6.7 FORCE MAJEURE: The Agreement which is awarded to the Contractor may provide that the performance of any act by the City or Contractor thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performa nce by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment 494 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 31 due to Contractor for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel, or renegotiate the Agreement. 6.8 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM Contractor shall complete each executed Work Authorization/Task Order without regard to whether such completion would cause services to be performed after the expiration date of this Agreement. Any Work Authorization/Task Order for which performance extends beyond the Term may be amended after that expiration date provided that any additional services, time, and compensation are permitted under this Agreement. The terms and conditions of this Agreement shall continue to govern Work Authorizations/Tasks Orders notwithstanding the expiration of this Agreement. 6.9 INSPECTION AND ACCEPTANCE OF WORK PRODUCED: The City has the right to review, require correction, if necessary, and accept the work produced by the Contractor. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Contractor. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Contractor. The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor’s submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involv ed) or reduce the contract price or cost to reflect the reduced value of services received. 6.10 CONTINGENT FEE: Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 6.11 TRUTH IN NEGOTIATION REPRESENTATION: Contractor’s compensation under this Agreement is based upon its representations to City, and Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate Contractor’s compensation, including, without limitat ion, in the negotiation of this Agreement, are accurate, complete, and current as of the date Contractor executes this Agreement. Contractor’s compensation may be reduced by City, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Contractor’s compensation in this Agreement. 6.12 PERFORMANCE REVIEW EVALUATION: The awarded Contractor(s) may receive a performance evaluation by City Staff d uring the course of the term contract. The City’s Project Manager shall complete performance evaluations at the first year of the contract or more frequent intervals as required by the Agreement and at the time of the end of the term contract. Should the services provided by the Contractor fail to meet the expectations of the City’s Project Manager, the Contractor shall have a period of ten (10) working days from the date notice is given 495 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 32 to the Contractor by the City to correct all deficiencies under the contract. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the contract without the City being liable for any and all future obligations under the Agreement as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Contractor for any accepted work product through the date of termination of an authorized Purchase Order, provided it is in a form sufficiently documented and organized to allow subsequent utilization in completing the work product. The City’s Project Manager shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with bringing performance back to acceptable standards. It is equally important to complete the “Contractor Performance Evaluation Form whenever any of the performance indicators are either “marginal” or “unsatisfactory”. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the City’s Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. The Performance Evaluation Form enclosed within this document illustrates a sample evaluation form to be used by the City for the various types of services provided by the City. 6.13 ANTI-HUMAN TRAFFICKING: On or before the Effective Date of the Vendor entering into an Agreement with the City, the Vendor shall provide the City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 6.14 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERIFY: Contractor represents that Contractor, and each Sub-contractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, City may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by City due to the termination. 6.15 ENTITIES OF FOREIGN CONCERN: The provisions of this section apply only if Contractor or any Sub -Contractor will have access to an individual’s personal identifying information under this Agreement. Contractor represents and certifies: (i) Contractor 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 Contractor and (iii) Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, Contractor and any Sub-contractor that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the 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 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. 6.16 SUCCESSORS AND ASSIGNS: The City and the Contractor each bind themselves and their successors and assigns to the other party in respect to all provisions of the Agreement. Neither the City nor the Contractor shall assign, sublet, convey, or transfer its interest in the Agreement without the prior written consent of the other. 496 City of Boynton Beach Purchasing Division RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 33 6.17 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS: If any portion of the Contract Documents appears to conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Fully Executed Agreement The Scope of Work (Services) The Instructions to Proposers The Special Conditions Standard General Terms and Conditions Proposer’s Proposal THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 497 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 34 CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT RFP No: 25-053R SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF PRICES CONSISTS OF THE FOLLOWING: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, grade, and materials for the service required. The undersigned proposes to deliver the service in accordance with the specifications for the “CITYWIDE HOLIDAY LIGHTING – MULTI-YEAR CONTRACT”. Description (Christmas Tree) Unit Quantity Unit Cost Total Christmas Tree - 35 feet (provide the tree, concept drawing, and décor plan) 35 ft 1 Custom Tree Topper Lump Sum 1 Lighting and Décor Lump Sum 1 Labor, Installation, and Removal Lump Sum 1 Description (Lighting) Unit Quantity Unit Cost Total Warm White Mini Lights (could be used to wrap light poles, trees, line buildings, etc..) LF 1 Multi-Colored Mini Lights (could be used to wrap light poles, trees, line buildings, etc..) LF 1 Lit Garland (could be used to wrap light poles, trees, line buildings, etc..) LF 1 Labor, Installation, and Removal Lump Sum 1 Description (Park Locations) – Small Display Unit Quantity Unit Cost Total Holiday Animated Display at Park Location(s) – Provide Examples of each size category Each 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Description (Park Locations) – Medium Display Unit Quantity Unit Cost Total Holiday Animated Display at Park Location(s) – Provide Examples of each size category Per Cost 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Description (Park Locations) – Large Display Unit Quantity Unit Cost Total Holiday Animated Display at Park Location(s) – Provide Examples of each size category Per Cost 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 498 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 35 Description (Entryway Features) – Large Display Unit Quantity Unit Cost Total Entryway Display (locations are listed under Section II - Entryway Features) – Customized to the City’s Branding (provide a concept drawing, décor plan) Each 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Description (Community Centers) – Medium Display Unit Quantity Unit Cost Total Entryway Display (locations are listed under Section II, Article 2.2 Scope of Services – Community Centers) Each 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Description (Community Centers) – Large Display Unit Quantity Unit Cost Total Entryway Display (locations are listed under Section II, Article 2.2 Scope of Services – Community Centers) Each 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Description (Amphitheaters) Unit Quantity Unit Cost Total Sara Sims Park Amphitheater Display (provide a concept drawing and décor plan) Each 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Centennial Park Amphitheater Display (provide a concept drawing and décor plan) Each 1 Design Cost Each 1 Revision Cost Per Round 1 Labor, Installation, and Removal Lump Sum 1 Additional Fees Unit Quantity Unit Cost Total Routine Maintenance Per Visit 1 Emergency Repair Services Hourly 1 Permits (if applicable) Each 1 Discount(s) All labor fees must include project management, setup and staging fees, fuel, storage fees, disposal, equipment rentals, travel, and mileage. 499 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 36 APPENDIX ‘A’ DRAFT - AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT 500 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 37 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND _____________________, FOR CITYWIDE HOLIDAY LIGHTING MULTI-YEAR CONTRACT 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 ___________ a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of ______________, hereinafter referred to as “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. WHEREAS the City issued Request for Proposals No._________ (the “RFP") pursuant to state and local law to solicit proposals for ____________________ (the “Services”); and WHEREAS Contractor responded to the RFP by submitting its Proposal dated ______________ (the “Proposal”), and WHEREAS the City created an evaluation committee, reviewed all proposals responses and scored the proposals in accordance with the criteria outline in the RFP; and WHEREAS the City selected Contractor as the best qualified to perform the Services; and WHEREAS the City desires to engage Contractor to provide such services to the City on an as - needed basis according to the terms and subject to the conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Contractor do hereby agree as follows: 1. SERVICES AND METHOD OF ORDERING SERVICES. a. Services. Contractor shall provide the type of services described in the Scope of Services attached hereto as Exhibit A (which services are hereinafter referred to as the “Services”). Contractor may be requested to provide specific Services for various and different tasks or projects. Contractor shall render the Services in a diligent, careful, thorough, and professional manner consistent with sound business practice and shall at all times provide City with the most sound and reasonable recommendations and advice. The standard of care for all Services performed or furnished by the Contractor under this Agreement will be the care and skill ordinarily used by members of the Contractor’s profession practicing under similar circumstances or at the same time and in the same locality. b. Method of Ordering Services. Services will be rendered in response to periodic written Task Orders (each a “Task Order”) issued by the City on an as -needed basis. For each task or assignment, the City shall request the Contractor to develop for review by the City: a. A scope of services. b. An estimate of fees and costs based on the rates established in this Agreement with sufficient detail to identify the various elements of costs, which amount shall constitute a guaranteed maximum and shall not be exceeded without the prior written approval of City. c. A task/deliverable schedule; and d. A payment schedule based on deliverables, which may not be front-loaded. 501 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 38 The Contractor and City shall execute a written Task Order upon mutual agreement of the scope of services, fees and costs, task/deliverable schedule, and payment schedule. City shall not be liable to pay for any Services provided without a properly execute d Task Order. Upon complete execution of a Task Order and issuance of a Purchase Order, Contractor shall provide all Services described in the Task Order, including all necessary, incidental, and related activities required for the full and complete perfor mance of such Services. The form of the Task Order is attached hereto as Exhibit B. Any Task Order over the then-current procurement policy threshold shall require approval of the City Commission. c. Use of Subcontractors. Contractor shall utilize only the subcontractors identified in a Task Order to provide the Services. Contractor shall obtain written approval of City before changing or modifying any subcontractors, which shall be automatically updated upon such written approval. Contractor shall bind in writing each approved subcontractor to the terms stated in this Agreement and the applicable Task Order, provided that this provision shall not, in and of itself, impose the insurance requirements set forth in Article 24 on Contractor’s subcontractors. 2. TERM. This Agreement shall be for an initial term of THREE (3) years, commencing on _________________, 20___, and shall remain in effect through ________________, 20___ (“Initial Term”), unless otherwise terminated or extended as provided in this Agreement. The City reserves the right to renew the Agreement for one (1) additional two-year renewal term (the “Extension Term”) on the same terms and conditions stated in this Agreement, subject to Contractor’s satisfactory performance as determined by the City, determination by the City that renewal will be in the best interest of the City, and confirmation that Contractor is the sole source to provide the Services. The Mayor is authorized to execute the term extension amendment(s). If Contractor requests a rate change at the time of renewal, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 3. TIME FOR PERFORMANCE. a. Commencement of Work. Services under the Agreement and any applicable Task Order shall commence upon the City giving written notice to the Contractor to proceed along with a purchase order. Contractor shall perform all Services and provide all deliverables required pursuant to this Agreement and each Task Order. Time is of the essence for the Contractor’s performance of the duties, obligations, and responsibilities required by this Agreement. b. Delays; Untimely Performance. i. Delays; No Fault of Contractor. If Contractor is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by the City or other governmental agencies having jurisdiction over the project and such delays are not the fault of Contractor, or because of delays caused by factors outside the control of Contractor, the City shall grant a reasonable extension of time for completion of the Services. It shall be the responsibility of the Contractor to notify the City in writing whenever a delay in approval by a governmental agency is anticipated or experienced and whenever a delay has been caused by factors outside of the Contractor’s control and to inform the City of all facts and details related to the delay. Contractor must provide such written notice to the City within three (3) business days after the occurrence of the event causing the delay. ii. Delays Due to Contractor. If Contractor fails to substantially complete the Services in whole or in part on or before the date established in each Task Order, Contractor shall pay City its proportional share of any claim for damages arising out of the delay. This section shall not affect either Party's indemnification rights or obligations otherwise outlined in this Agreement. c. If Task Order Continues Beyond Term. Contractor shall complete each executed Task Order without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. Any Task Order for which performance extends beyond the Term may be amended aft er that expiration date, provided that any additional Services, time, and compensation are permitted under this Agreement. The terms and 502 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 39 conditions of this Agreement shall continue to govern Task Orders notwithstanding the expiration of this Agreement. 4. AMOUNT AND METHOD OF COMPENSATION. a. Compensation. As compensation for Services rendered by Contractor to the City pursuant to a duly executed Task Order, the City shall pay the Contractor an annual amount not to exceed ____________ ($____________) (“Fee”) calculated based on the anniversary date of complete execution of the Agreement. The Fee is based on the Hourly Rates outlined in the Fee Schedule attached hereto as Exhibit C and incorporated into this Agreement by reference. The Fee shall be the sole compensation paid to contractor in conn ection with the rendition of the Services and the performance of all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by contractor. b. Subconsultant/Subcontractor Fees. If subcontractor is permitted, the Contractor shall bill the City for subcontractor fees with no markup and within any applicable maximum not - to-exceed amount. c. CPI Increases. All prices for the Initial Term are fixed in accordance with the pricing stated in the Agreement. Contractor may request a price adjustment for labor unit prices for any applicable extension term. This request must be in writing, submitted to the City at l east ninety (90) days before the start of the next applicable Extension Term, and accompanied by documentation to substantiate the need for the price adjustment. Any price adjustment will be consistent with the Consumer Price Index (“CPI”). The CPI data will be obtained from the U.S. Bureau of Labor Statistics’ table for CPI for All Urban Consumers (“CPI-U”), All items in Miami-Fort Lauderdale-West Palm Beach, FL, all urban consumers, not seasonally adjusted or as amended or replaced by the agency. The City will designate a reasonably similar index if no such index is published. In its sole discretion, the City will determine if Contractor’s requested adjustment is in the City's best interest based on current market conditions and information regarding similar services in the area. City approval is required for any price adjustmen t requested by Contractor; the City will provide written notification to Contractor of City’s decision to approve or reject any requested adjustment. The City may also initiate a price adjustment consistent with the CPI-U; unless otherwise stated in the Agreement, Contractor’s written approval is required for any price adjustment initiated by City. If approved by the City, the CPI price adjustment percentage is calculated as follows: the difference of the CPI current period less the CPI previous period, divided by the CPI previous period, times 100. The CPI current period means the most recently publ ished monthly index before the Agreement’s annual anniversary. The CPI previous period means for the same month of the prior year. Any year's CPI price adjustment percentage will not exceed a maximum change of three percent (3%). Contractor acknowledges that any adjustment is at the City’s sole discretion, and if the City does not approve any such adjustment, Contractor is obligated to perform the Services in full for the entire Term without the requested adjustment to pricing. 5. NOTICES. All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach 503 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 40 P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Contractor: ______________________ ______________________ ______________________ ______________________ Telephone: _______________ Email: ____________________ 6. INVOICES AND PAYMENT. Invoices must identify the PO number, Task Order project description, and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, the person performing services, the nature of the service, the hourly rate, and the dates(s) of service. Invoices may be submitted after such services are performed; however, all services rendered before September 30th of any given year must be invoiced by September 30th of that year. Payment shall be made only for services performed and completed pursuant to a duly executed Task Order and this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be m ade within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Contractor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Contractor of liability for the defective, faulty, or incomplete rendition of the Services. 7. TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. The City will provide the Contractor with proof of tax-exempt status upon request. 8. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 9. ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 10. PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the city to perform the service when utilizing non-City-owned equipment. 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. St at. 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, Contrac tor shall destroy all copies of such confidential and exempt records remaining in its possession once 504 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 41 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 compatible with the City's information technology systems. e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 11. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. 12. E-VERIFY. Contractor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result i n termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for a violation of the statute by Contractor, Contractor may not be awarded a public contract for one (1) year after the date of termination. 13. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Contractor represents and certifies: (i) Contractor 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 Contractor; and (iii) Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Agreement, Contractor and any subcontractor that will have access to personal identifying information 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 requirements of a proper invoice for purposes of Section 6. 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. 14. ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 15. COUNTRIES OF CONCERN. The Contractor represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 16. PUBLIC ENTITY CRIME ACT. Contractor 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. Contractor further represe nts 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 505 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 42 “public entity crime” regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 17. CONTINGENT FEE. Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 18. TRUTH-IN-NEGOTIATION REPRESENTATION. Contractor’s compensation under this Agreement is based upon its representations to City. Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate Contractor’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Contractor executes this Agreement. Contractor’s compensation may be reduced by City, in its sole discretion, to correct any inac curate, incomplete, or noncurrent information provided to City as the basis for Contractor’s compensation in this Agreement. 19. DULY LICENSED. Contractor represents that it is duly licensed to perform the Services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 20. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Eve nt has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 21. DISPUTES. Any disputes that arise between the parties regarding the performance of this Agreement and 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. 22. TERMINATION. a. Termination for Convenience. This Agreement may be terminated by either Party for convenience upon fourteen (14) calendar days of written notice. In this event, the Contractor shall be compensated for services performed through the termination date, including services reasonably related to termination. b. Termination for Cause. In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. c. In the event of termination, the City shall compensate the Contractor for all authorized work satisfactorily performed through the termination date under the payment terms contained in this Agreement. Contractor shall immediately deliver all documents, wri tten information, electronic data, and other materials concerning City projects in its possession to the City 506 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 43 and shall cooperate in transitioning its consulting duties to appropriate parties at the direction of the City. d. Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability hereunder, except that the provisions of this section and the provisions regarding property rights, insurance, indemnification, governing law, and litigation shall survive termination of this Agreement and remain in full force and effect. 23. INDEMNIFICATION. The Contractor shall indemnify and hold harmless the City, and its officers and employees (collectively “indemnified party”, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of the contract (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall sur vive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. The Contractor shall also be liable to the City for all costs, expenses, attorneys’ fees, and damages which may be incurred or sustained by the City by reason of the Consultant’s breach of any of the provisions of the contract. Contractor shall not be resp onsible for negligent acts of the City or its employees. Further, the Contractor shall hold the City harmless and indemnify the Ci ty for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Contractor. 24. INSURANCE. At the time of execution of this Agreement, the Contractor shall provide the City with a copy of its Certificate of Insurance reflecting the following insurance coverage: a. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) shall include Employer's Liability with limits of One Millio n Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each condition, and One Million Dollars ($1,000,000.00) aggregate by condition. b. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall include: i. Premises and/or Operations on an occurrence basis. ii. Completed Operations Liability on an occurrence basis. iii. Broad Form Property Damage. iv. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. c. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insured. The Contractor will not be required add the City to Workers Compensation and Professional Liability insurance as an additional insured. d. Contractor shall require that each subcontractor maintains insurance coverage that adequately covers the Services provided by that subcontractor on substantially the same insurance terms and conditions required of Contractor under this article. Contractor shall ensure that all such subcontractor comply with these requirements and that “and its officers, employees, and agents as additional insured” is named as an additional insured under the subcontractors’ applicable insurance policies. Contractor shall not permit any subconsultant to provide Services unless and until all applicable requirements of this article are satisfied. 507 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 44 25. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining due to Contractor under the Agreement, regardless of whether said liability be based in tort, contra ct, indemnity, or otherwise; and in no event shall City be liable to Consultant for punitive or exemplary damages or lost profits or consequential damages. 26. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Contractor is an independent contractor under this Agreement and shall not be considered the City’s employee for any purpose. Contractor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement 27. COMPLIANCE WITH LAWS. Contractor hereby always warrants and agrees that material to the Agreement, Contractor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 28. BREACH OF REPRESENTATIONS. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in its Proposal and this Agreement, and City shall be entitled to exercise any or all of the following remedies if any suc h representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Consultant; (c) set off from any amounts due Contractor the total amount of any damage incurred; and (d) debarment of Contractor. 29. ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Contractor, Contractor must gain prior written consent from City thirty (30) business days before such transfer. For pur poses of this Agreement, any company ownership change shall constitute an assignment that requires the City’s approval. Notwithstanding the foregoing, Contractor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement. Contractor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all its a ssets related to this Agreement within thirty (30) calendar days of such event. 30. NO LIEN. The Contractor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Contractor. 31. AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 32. NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 33. REPRESENTATION OF AUTHORITY. Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Contractor has with any third party or violates applicable law. Contractor further represents and warrants that execution of this Agreement is within Contractor’s legal powers, and each individual executing this Agreement on behalf of contractor is duly authorized by all necessary and appropriate action to do so on behalf of contractor and does so with full legal authority. 34. RIGHTS IN DOCUMENTS AND WORK. a. Ownership. All videos, photographs, documents, materials, data, or other work created by Contractor in connection with performing services, whether finished or unfinished (“Documents and Work”), shall be owned by City, and Consultant hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or 508 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 45 to the Documents and Work. b. Deliverables Upon Conclusion of Task Order. Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under any Task Order, all documents and materials prepared for the City in connection with the Task Order. All such documents and records shall be provided within a reasonable time at no additional cost. Such documents may be provided electronically. c. Delivery Upon Expiration or Termination of Agreement. Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Contractor to City within seven (7) days after expiration or termination. Any compensation due to Contractor may be withheld until all Documents and Work are received as provided in this Agreement. Contractor shall ensure that the requirements of this section are included in all agreements with all subcontractor(s). d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part) the resulting end-product or deliverables resulting from Contractor’s Services (including, but not limited to, drawings, specifications, other documents, and services as described herein and in the applicable Scope of Services for any Task Order); and Contractor agrees to such reuse in accordance with this provision. Notwithstanding the foregoing, any modifications made by the City to any of the Contractors documents, or any re use of the documents will be at the City’s sole risk and without liability to the Contractor. 35. CONTRACTOR’S STAFF. Contractor will provide the key staff identified in its Proposal if they are in Contractor’s employment. Contractor will obtain prior written approval from the City to change key staff. Contractor shall provide City with such information as necessary for City to determine the suitability of proposed new key staff. City will be reasonable in evaluating key staff qualifications. If City desires to request removal of any of Contractor’s staff, City shall first meet with Contractor and provide reasonable justification for said removal; upon such reasonable justification, Contractor shall use good faith efforts to remove or reassign the staff at issue. 36. THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a r ight or claim against either of them based upon this Agreement. 37. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 38. COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 39. NON-DISCRIMINATION. Contractor and any subcontractors shall not discriminate based on race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 40. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the RFP; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. 509 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 46 41. ENTIRE AGREEMENT. The Agreement, including the RFP, the Proposal, and the Exhibits that are incorporated into this Agreement in their entirety, embody the entire agreement and understanding of the parties concerning the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment executed by the City and Contractor. 42. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. (Signatures on following page) 510 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 47 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 COMPANY NAME _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 511 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 48 EXHIBIT A SCOPE OF SERVICES 512 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 49 SAMPLE EXHIBIT B FORM OF TASK ORDER CITY OF BOYNTON BEACH _______________Contractor Services Task Order Contractor: Contract No: 1. Task/Project. _____________________________ 2. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the _____________________________ Contractor Services Agreement (“Agreement”), dated ___________________, by and between the City of Boynton Beach and _____________________. 3. Scope of Services. The scope of services and all required deliverables under this Task Order is attached as Exhibit A. This Task Order is issued in accordance with Section 1(b) of the Agreement. 4. Project Schedule. Contractor shall deliver to the City the deliverables specified [within _____________ days after the date of Notice to Proceed for such services] or [pursuant to the time periods specified in the Project Schedule included in Exhibit A said time periods shall commence from the date of the Notice to Proceed for such services]. 5. Compensation. Payment for the services authorized by this Task Order shall be in accordance with Article 2 of the Agreement. The total Fee to be paid to the Contractor under this Task Order shall not exceed $__________, based on the detailed fee schedule attached as Exhibit B, which shall be based on the Hourly Rates established in the Agreement. 6. Insurance. Contractor shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8. Incorporation; No Modification. The terms and conditions of the Agreement are hereby incorporated into this Task Order. Nothing contained in this Task Order shall alter, modify, or change in any way the terms and conditions of the Agreement with the City. 513 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 50 9. Notice to Proceed (Task Order Form and Purchase Order). ☐ If checked, Contractor’s receipt of a fully executed copy of this Task Order and Purchase Order (PO) shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully executed Task Order was emailed to the Contractor. ☐ If checked, Contractor shall commence Services under this Task Order as specified in a forthcoming Purchase Order (PO) and Notice to Proceed. CONTRACTOR: CITY OF BOYNTON BEACH By: ________________________________ By: _________________________________ Rebecca Shelton, Mayor Print Name: ________________________ Date: _______________________, 20__ Date: _______________________, 20__ City Attorney’s Office Approved as to form and legality By: __________________ 514 RFP No. 25-053R – Citywide Holiday Lighting – Multi-Year Contract 51 EXHIBIT C FEE PROPOSAL 515 America's Gateway to the Gulfstream - Attachment A ATTACHMENT “A” The City of Boynton Beach VENDOR INSURANCE REQUIREMENTS – PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City’s requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 516 America's Gateway to the Gulfstream - Attachment A For any Contractor who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder’s Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the p roperty has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders re unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation insurance policy. 517 America's Gateway to the Gulfstream - Attachment A h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, co- insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor’s expense. If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor’s insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor’s insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor’s insurance company and the City’s Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Sexual Assault and Molestation, etc.) may be required based upon the type of event, event location, and/or number of participants. Revised 04/25/2025 518 RFP No. 25- 053R – Citywide Holiday Lighting – Multi-Year Contract 1 Performance Evaluation Form – Attachment B ATTACHMENT “B” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid -point of the project term or at more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issue s so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complet e this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under t he circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current perfor mance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10 . Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1 -8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach 1 2 3 4 5 2. Staff Capability 1 2 3 4 5 3. Staff Effectiveness 1 2 3 4 5 4. Flexibility in Meeting City’s Goals 1 2 3 4 5 5. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 6. Report and Drawings Quality 1 2 3 4 5 7. Quality of Work Completed 1 2 3 4 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score (Total row 9.) 11. Average Rating Score (Divide line 10 by the number 8.) 519 RFP No. 25- 053R – Citywide Holiday Lighting – Multi-Year Contract 2 Performance Evaluation Form – Attachment B In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub- consultant/sub-contractor utilization on Line 20. Additional space is available on Line 22 if needed. 12. Current tasks completed and/or deliverables received? If no, reason: Yes No 13. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 15. Contractor strengths: 16. Contractor weaknesses: 17. Specific problems incurred: 18. How may these have been prevented? 19. Additional comments/recommendations: 20. Comments on sub-contractor utilization: 21. Currently recommend firm for future contracts, task orders, and/or work orders of this type? If “No” or “Possibly”, an explanation must be provided in Line 22 below. Yes Project Manager (sign) Date Department Administrator (sign) Date No Possibly 22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1 -8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT REVIEW/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date 520 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases 10/21/2025 Meeting Date: 10/21/2025 Proposed Resolution No. R25-281- Approve the final rankings for the Request for Qualifications (RFQ) No. PWE25-009Q for Engineering Design and Environmental Review Services for the San Castle Infrastructure Mitigation Project (CDBG-MIT Funded) as recommended by the Evaluation Committee and authorize City staff to negotiate a contract with the recommended top-ranked proposer, Wade Trim, Inc. in accordance with section 287.055, Florida Statutes, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). Requested Action: Staff recommends approval of Proposed Resolution No. R25-281. Explanation of Request: The City of Boynton Beach received Community Development Block Grant–Mitigation (CDBG-MIT) funds from the Florida Department of Commerce (FCOM), formerly the Florida Department of Economic Opportunity (FDEO), to upgrade drainage, utilities, and roadway infrastructure in the San Castle neighborhood. Any contract executed as a result of this Request for Qualifications (RFQ) was funded, in whole or in part, through FCOM and the U.S. Department of Housing and Urban Development (HUD) under Public Law 115-123 or other federal programs. All work was required to comply with applicable federal laws, regulations, and HUD CDBG-MIT grant requirements, including the provision of audit-quality documentation to support reimbursable expenses. Located east of I-95 and south of Hypoluxo Road, the San Castle project provided critical infrastructure improvements to enhance public safety, mobility, and stormwater management for a low-to-moderate income community. The project’s purpose was to improve disaster resilience and the overall quality of life in a HUD-designated Most Impacted and Distressed (MID) area. Through this RFQ, the City sought a qualified Engineering Consulting Firm in accordance with Florida Statute 287.055, the Consultants Competitive Negotiation Act (CCNA), to perform engineering design and environmental review services in accordance with all federal, state, and City standards and grant agency requirements. On January 30, 2025, the City of Boynton Beach Procurement Division, in conjunction with the Public Works Department, released Solicitation PWE25-009Q for Engineering Design and Environmental Review Services for the San Castle Infrastructure Mitigation Project (CDBG- MIT Funded). When the solicitation closed on May 22, 2025, the City received five qualification submittals. 521 On June 30, 2025, the City held a publicly noticed evaluation meeting, open to the public, where the submittals were reviewed in accordance with the evaluation criteria established in the RFQ. In compliance with F.S. 287.055, the Evaluation Committee scored the proposals and shortlisted the top three firms to provide formal presentations. On September 5, 2025, the Evaluation Committee heard presentations from the shortlisted firms and scored them accordingly to determine final rankings. The rankings are shown below. Rank Firm Score (out of 125) 1 Wade Trim, Inc.110.84 2 Keith and Associates 104.29 3 Ardurra Group, Inc.103.55 4 Baxter & Woodman, Inc.82.08 5 Chen Moore and Associates 77.25 This evening, staff requests the Commission's approval to enter into negotiations with the top- ranked firm, Wade Trim Inc. In accordance with section 287.055(5), Florida Statutes, if the City of Boynton Beach is unable to negotiate a satisfactory contract deemed fair, competitive, and reasonable with the highest-ranked firm, the staff requests approval to engage in negotiations with the second-highest-ranked firm. This process will continue as necessary with lower-ranked firms until a fair, competitive, and reasonable contract is achieved. All work under this project will comply with HUD CDBG-MIT requirements, Executive Orders, and 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements), including all applicable audit and record-keeping provisions. How will this affect city programs or services? This action will enable the City to move forward with design and environmental review activities required to meet federal grant deadlines. It directly supports the City’s resilience, stormwater, and infrastructure improvement goals in an underserved community and ensures continued eligibility for federal reimbursement. Budgeted Item: Yes Account Line Item and Description: N.A. - No contract yet. Fiscal Impact: Budgeted item. Attachments: R25-281 Agenda_Item_3821-2025_Resolution_for_RFQ_Final_Ranking.docx PWE25-009 - Scoring Summary.pdf RFQ - PWE25-009Q - REVISED.pdf Qualification Package - Wade Trim, Inc. - No Financials.pdf 522 RESOLUTION NO. R25-281 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE FINAL RANKINGS FOR THE 2 REQUEST FOR QUALIFICATIONS (RFQ) NO. PWE25-009Q FOR 3 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES FOR 4 THE SAN CASTLE INFRASTRUCTURE MITIGATION PROJECT (CDBG-5 MIT FUNDED) AS RECOMMENDED BY THE EVALUATION COMMITTEE 6 AND AUTHORIZE CITY STAFF TO NEGOTIATE A CONTRACT WITH THE 7 RECOMMENDED TOP-RANKED PROPOSER, WADE TRIM, INC. IN 8 ACCORDANCE WITH SECTION 287.055, FLORIDA STATUTES, 9 OTHERWISE KNOWN AS THE CONSULTANTS' COMPETITIVE 10 NEGOTIATION ACT (CCNA); AND FOR ALL OTHER PURPOSES. 11 12 WHEREAS, the City of Boynton Beach received Community Development Block Grant–13 Mitigation (CDBG-MIT) funds from the Florida Department of Commerce (FCOM), formerly the 14 Florida Department of Economic Opportunity (FDEO), to upgrade drainage, utilities, and roadway 15 infrastructure in the San Castle neighborhood; and 16 WHEREAS, any contract executed as a result of this Request for Qualifications (RFQ) was 17 funded, in whole or in part, through FCOM and the U.S. Department of Housing and Urban 18 Development (HUD) under Public Law 115-123 or other federal programs. All work was required 19 to comply with applicable federal laws, regulations, and HUD CDBG-MIT grant requirements, 20 including the provision of audit-quality documentation to support reimbursable expenses; and 21 WHEREAS, located east of I-95 and south of Hypoluxo Road, the San Castle project 22 provided critical infrastructure improvements to enhance public safety, mobility, and stormwater 23 management for a low-to-moderate income community. The project’s purpose was to increase 24 disaster resilience and improve the overall quality of life in a HUD-designated Most Impacted and 25 Distressed (MID) area; and 26 WHEREAS, through this RFQ, the City sought a qualified Engineering Consulting Firm in 27 accordance with section 287.055, Florida Statutes, Consultants Competitive Negotiation Act 28 (CCNA) to perform engineering design and environmental review services in accordance with all 29 federal, state, and City standards and grant agency requirements; and 30 WHEREAS, on January 30, 2025, the City of Boynton Beach Procurement Division, in 31 conjunction with the Public Works Department, released Solicitation PWE25-009Q for Engineering 32 Design and Environmental Review Services for the San Castle Infrastructure Mitigation Project 33 523 RESOLUTION NO. R25-281 (CDBG-MIT Funded). When the solicitation closed on May 22, 2025, the City received five 34 qualification submittals; and 35 WHEREAS, on June 30, 2025, the City held a publicly noticed evaluation meeting, open to 36 the public, where the submittals were reviewed in accordance with the evaluation criteria 37 established in the RFQ. In compliance with section 287.055, Florida Statutes, the Evaluation 38 Committee scored the proposals and shortlisted the top three firms to provide formal 39 presentations; and 40 WHEREAS, on September 5, 2025, the Evaluation Committee heard presentations from 41 the shortlisted firms and scored them accordingly to determine final rankings. The rankings are 42 shown below; and 43 44 Rank Firm Score (out of 125) 1 Wade Trim, Inc. 110.84 2 Keith and Associates 104.29 3 Ardurra Group, Inc. 103.55 4 Baxter & Woodman, Inc. 82.08 5 Chen Moore and Associates 77.25 45 WHEREAS, staff requests Commission approval to enter into negotiations with the top-46 ranked firm, Wade Trim Inc.; and 47 WHEREAS, in accordance with section 287.055(5), Florida Statutes, if the City of Boynton 48 Beach is unable to negotiate a satisfactory contract deemed fair, competitive, and reasonable with 49 the highest-ranked firm, the staff requests approval to engage in negotiations with the second 50 highest-ranked firm. This process will continue as necessary with lower-ranked firms until a fair, 51 competitive, and reasonable contract is achieved; and 52 WHEREAS, all work under this project will comply with HUD CDBG-MIT requirements, 53 Executive Orders, and 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and 54 Audit Requirements), including all applicable audit and record-keeping provisions; and 55 524 RESOLUTION NO. R25-281 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 56 best interests of the City's citizens and residents to approve the final rankings for the Request for 57 Qualifications (RFQ) No. PWE25-009Q for Engineering Design and Environmental Review Services 58 for the San Castle Infrastructure Mitigation Project (CDBG-MIT Funded) as recommended by the 59 Evaluation Committee and authorize City staff to negotiate a contract with the recommended top-60 ranked proposer, Wade Trim Inc., in accordance with section 287.055, Florida Statutes, otherwise 61 known as the Consultants' Competitive Negotiation Act (CCNA). 62 63 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 64 BEACH, FLORIDA, THAT: 65 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 66 being true and correct and are hereby made a specific part of this Resolution upon adoption. 67 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 68 approve the final rankings for the Request for Qualifications (RFQ) No. PWE25-009Q for 69 Engineering Design and Environmental Review Services for the San Castle Infrastructure 70 Mitigation Project (CDBG-MIT Funded) as recommended by the Evaluation Committee and 71 authorize City staff to negotiate a contract with the recommended top-ranked proposer, Wade 72 Trim Inc., in accordance with section 287.055, Florida Statutes, otherwise known as the 73 Consultants' Competitive Negotiation Act (CCNA). 74 SECTION 3. This Resolution shall take effect in accordance with the law. 75 76 77 [SIGNATURES ON THE FOLLOWING PAGE] 78 79 525 RESOLUTION NO. R25-281 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 80 CITY OF BOYNTON BEACH, FLORIDA 81 YES NO 82 Mayor – Rebecca Shelton _____ _____ 83 84 Vice Mayor – Woodrow L. Hay _____ _____ 85 86 Commissioner – Angela Cruz _____ _____ 87 88 Commissioner – Thomas Turkin _____ _____ 89 90 Commissioner – Aimee Kelley _____ _____ 91 92 VOTE ______ 93 ATTEST: 94 95 _____________________________ ______________________________ 96 Maylee De Jesús, MPA, MMC Rebecca Shelton 97 City Clerk Mayor 98 99 APPROVED AS TO FORM: 100 (Corporate Seal) 101 102 _______________________________ 103 Shawna G. Lamb 104 City Attorney 105 526 Bid Number: PWE25-009 Bid Name: ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - CDBG-MIT GRANT FUNDED Closing Date: 5/22/2025 3:00:00 PM Number of Submissions Received: Five (5) Number of Submissions Shortlisted per Florida Statute 287.055: 3 - Wade Trim, Inc., Keith and Associates, and Ardurra Group Inc. Evaluation: Start Date - End Date: 6/22/2025 12:00:00 AM - 9/6/2025 12:00:00 AM Consensus Meeting: 9/5/2025 12:00:00 AM Committee Members: Richard (Rick) Hoffer, Jose C. Huertas, Carl Frumenti, Moisey Abdurakhmanov CUMULATIVE SCORE RESULTS Rank Vendor Score out of 125.00 1 Wade Trim, Inc. 110.84 2 Keith and Associates 104.29 3 Ardurra Group Inc 103.55 4 Baxter & Woodman, Inc. 82.08 5 Chen Moore and Associates 77.25 527 REQUEST FOR QUALIFICATIONS (RFQ) ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED RFQ No. PWE25-009 PUBLISH DATE: January 30, 2025 NON-MANDATORY PRE- QUALIFICATION CONFERENCE: February 11, 2025 at 10:00 AM Location: CITY OF BOYNTON BEACH ROOM 115 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ALL QUESTIONS DUE: February 17, 2025 by 5:00 PM PROPOSAL DUE AND OPENING DATE: March 3, 2025 at 3:00 PM March 11, 2025 at 3:30 PM Where to Deliver Proposal Boynton-beach.bidsandtenders.net Bids&tenders Online Submission Only 528 City of Boynton Beach Procurement Division REQUEST FOR QUALIFICATIONS ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED Table of Contents NOTICE TO OFFERORS .............................................................................................................................. 7 SECTION I – INSTRUCTION TO OFFERORS – SUBMISSION REQUIREMENTS ................................... 9 1.0 DEFINITIONS ..................................................................................................................................... 9 “Addenda” ........................................................................................................................................... 9 “Agreement” ........................................................................................................................................ 9 “Application for Payment” ................................................................................................................. 9 “City” or “Owner” ............................................................................................................................... 9 “Contract Administrator” ................................................................................................................... 8 “Contract Documents” ....................................................................................................................... 8 “Consultant " ....................................................................................................................................... 8 “Defective” ........................................................................................................................................... 8 “Contract Manager” ............................................................................................................................ 8 “Effective Date of the Agreement” .................................................................................................... 8 “Evaluation/Selection Committee” .................................................................................................... 8 “End User (EU)” .................................................................................................................................. 8 “Qualification Package” ..................................................................................................................... 8 “Interested parties” ............................................................................................................................. 8 “Notice to Proceed (NTP)” ................................................................................................................. 8 “Online e-procurement system” or “e-procurement system” ........................................................ 8 “Procurement Services” ..................................................................................................................... 8 “Offeror/Offeror/Responder” ............................................................................................................. 8 “Request for Qualifications (RFQ)” ................................................................................................... 8 “Sub-Consultant” ................................................................................................................................ 8 “Responsible Offeror or Firm” ........................................................................................................... 8 “Responsive Offeror or Firm” ............................................................................................................ 8 “Written Amendment” ........................................................................................................................ 8 Work Order, Project, Services, or Program” .................................................................................... 8 1.1 DEPARTMENTS WITHIN THE CITY OF BOYNTON BEACH ................................................. 10 1.2 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ......................................................... 10 1.3 PROCUREMENT DEFINITION FOR SOLICITATION .............................................................. 10 1.4 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) ....................................................... 10 1.5 EXAMINATION OF CONTRACT DOCUMENTS ...................................................................... 11 1.6 ELIGIBILITY OF OFFEROR ..................................................................................................... 11 1.7 QUALIFICATIONS OF OFFERORS ......................................................................................... 11 1.8 PRE-QUALIFICATION CONFERENCE .................................................................................... 11 1.9 QUESTIONS AND ADDENDA ON THIS SOLICITATION ....................................................... 11 529 City of Boynton Beach Procurement Division 1.10 MISTAKES WITHIN RFQ .......................................................................................................... 12 1.11 SUBMISSION OF THE PROPOSAL ........................................................................................ 12 1.12 RFQ FORMS ............................................................................................................................. 13 1.13 EXECUTION OF SOLICITATION DOCUMENTS ..................................................................... 13 1.14 CAUSES FOR REJECTION ...................................................................................................... 13 1.15 REJECTION OF PROPOSALS ................................................................................................ 14 1.16 WITHDRAW OF PROPOSALS ................................................................................................. 14 1.17 NO SUBMITTAL ........................................................................................................................ 14 1.18 SOLICITATION DEADLINE ...................................................................................................... 14 1.19 RIGHTS OF THE CITY .............................................................................................................. 14 1.20 PROTEST PROCEDURE .......................................................................................................... 15 1.21 MINIMUM STANDARDS REQUIRED BY THE CITY ............................................................... 15 1.22 DISQUALIFICATION OF OFFEROR ........................................................................................ 15 1.23 INFORMATION AND DESCRIPTIVE LITERATURE................................................................ 15 1.24 INTERPRETATIONS ................................................................................................................. 15 1.25 CERTIFICATIONS, LICENSE, AND PERMITS ........................................................................ 16 1.26 SUB-CONSULTING .................................................................................................................. 16 1.27 ESCALATOR CLAUSE ............................................................................................................. 16 1.28 EXCEPTIONS BY OFFEROR ................................................................................................... 16 1.29 TRADE SECRET ....................................................................................................................... 16 1.30 ANTI-KICKBACK AFFIDAVIT .................................................................................................. 17 1.31 CONFLICT OF INTEREST / GIFT POLICY .............................................................................. 17 1.32 GIFT POLICY ............................................................................................................................ 17 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS ........................................................... 17 1.34 AWARD OF CONTRACT: ......................................................................................................... 18 1.35 SIGNING OF CONTRACT: ....................................................................................................... 18 SECTION II – SCOPE OF WORK (SERVICES) – PROJECT AGREEMENT -CONSULTANT ................ 19 2.1 BACKGROUND ........................................................................................................................ 19 2.2 SCOPE OF SERVICES / GOAL ............................................................................................... 19 2.3 TERM OF PROJECT SCHEDULE/TIMELINE .......................................................................... 20 2.4 SERVICES TO BE PERFORMED: ........................................................................................... 21 2.5 LICENSES AND CERTIFICATIONS .......................................................................................... 21 2.6 EXISTING CONDITIONS .......................................................................................................... 21 2.7 BUDGET FOR PROJECT: ........................................................................................................ 21 2.8 AWARD of RFQ/SELECTION PROCESS: ................................................................................ 21 2.9 RESPONSIBILITIES OF CONSULTANT: ................................................................................ 21 2.8 PROHIBITION AGAINST CONTINGENT FEES ....................................................................... 22 2.9 GENERAL ................................................................................................................................. 22 2.10 TIME SCHEDULE AND TIME FRAMES ................................................................................... 22 SECTION III – SUBMISSION OF QUALIFICATION PACKAGE ............................................................... 23 530 City of Boynton Beach Procurement Division 3.1 GENERAL REQUIREMENTS ................................................................................................... 23 3.2 CERTIFICATION AND LICENSES ........................................................................................... 23 3.3 DETAILED QUALIFICATION PACKAGE ................................................................................ 23 1. Letter of Interest ......................................................................................................................... 23 2. Standard Form 330 (Parts I and II) – Firms Qualifications ........................................................ 23 3. Certified Minority Business Enterprise ....................................................................................... 23 4. Offeror’s Qualifications .............................................................................................................. 24 5. Willingness to meet budget and timeline requirements: ............................................................ 24 6. Location ..................................................................................................................................... 25 7. Financial Information ................................................................................................................. 25 8. Current and Projected Workload of the Offeror (by office local, if applicable) ........................... 25 9. References – Past Performance ............................................................................................... 25 10. Submittal of General Information and Procurement Forms and Documents .................... 26 SECTION IV – EVALUATION OF QUALIFICATION PACKAGE .............................................................. 27 4.1 EVALUATION METHOD AND CRITERIA ................................................................................ 27 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA: 28 4.3 CITY’S RIGHT TO USE BEST-VALUE RANKING: ................................................................. 28 4.4 ADDITIONAL CLARIFICATION: .............................................................................................. 28 4.5 SELECTION PROCESS: .......................................................................................................... 28 SECTION V – STANDARD GENERAL TERMS AND PROVISIONS ........................................................ 30 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: ................ 30 5.2 NON-COLLUSION .................................................................................................................... 30 5.3 LEGAL CONDITIONS ............................................................................................................... 30 5.4 CONFLICT OF INTEREST ........................................................................................................ 30 5.5 ADDITIONAL HOURS QUANTITIES ........................................................................................ 30 5.6 DISPUTES ................................................................................................................................. 30 5.7 LEGAL REQUIREMENTS: ....................................................................................................... 30 5.8 ON PUBLIC ENTITY CRIMES .................................................................................................. 30 5.9 FEDERAL AND STATE TAX: ................................................................................................... 30 5.10 PURCHASE ORDER REQUIRED: ........................................................................................... 30 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ......................................... 31 5.12 PALM BEACH COUNTY INSPECTOR GENERAL:................................................................. 31 5.13 OTHER AGENCIES .................................................................................................................. 31 5.14 VENUE AND GOVERNING LAW: ............................................................................................ 31 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT..................................... 31 5.16 INDEPENDENT CONSULTANT RELATIONSHIP: .................................................................. 31 5.17 OMISSION OF DETAILS .......................................................................................................... 32 5.18 LOBBYING - CONE OF SILENCE: .......................................................................................... 32 5.19 LEGAL EXPENSES: ................................................................................................................. 32 531 City of Boynton Beach Procurement Division 5.20 NO THIRD-PARTY BENEFICIARIES: ...................................................................................... 32 5.21 DIRECT OWNER PURCHASES: .............................................................................................. 32 5.22 SCRUTINIZED COMPANIES:................................................................................................... 32 5.23 DISCRIMINATORY VENDOR LIST .......................................................................................... 32 5.24 NON-EXCLUSIVE ..................................................................................................................... 32 5.25 BUSINESS INFORMATION ...................................................................................................... 33 5.26 AGREEMENT/CONTRACT ....................................................................................................... 33 5.27 ENDORSEMENTS .................................................................................................................... 33 5.28 DRUG-FREE WORKPLACE ..................................................................................................... 33 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT .......................................................... 33 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ................................................................................. 33 5.31 RIGHTS IN DATA ...................................................................................................................... 33 5.32 DOCUMENTATION OF COSTS ............................................................................................... 33 5.33 PUBLIC RECORDS .................................................................................................................. 33 SECTION VI – SPECIAL CONDITIONS .................................................................................................... 35 6.1 ASSIGNMENT: .......................................................................................................................... 35 6.2 PERFORMANCE DURING EMERGENCY: .............................................................................. 35 6.3 AGREEMENT EXTENSION ...................................................................................................... 35 6.4 INDEMNIFICATION ................................................................................................................... 35 6.5 CHANGES IN THE WORK/CONTRACT PRICE ...................................................................... 36 A. ALLOWANCE ............................................................................................................................ 36 B. CONTRACT PRICE ................................................................................................................... 36 C. CHANGE ORDER ..................................................................................................................... 36 6.6 CHANGES IN CONTRACT TIME ............................................................................................. 36 A. CHANGE ORDER ..................................................................................................................... 36 B. NOTICE ..................................................................................................................................... 36 C. BASIS FOR EXTENSION .......................................................................................................... 36 6.7 TERMINATION .......................................................................................................................... 37 A. DEFAULT AND TERMINATION FOR CAUSE: ........................................................................ 37 B. TERMINATION FOR CONVENIENCE OF CITY ...................................................................... 37 C. REMEDIES: ............................................................................................................................... 37 D. FUNDING OUT .......................................................................................................................... 37 6.8 PERFORMANCE OF CONSULTANT ....................................................................................... 38 6.9 INSURANCE REQUIREMENTS ............................................................................................... 38 6.10 FORCE MAJEURE .................................................................................................................... 38 6.11 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM .............................................................................................................................................. 38 6.12 INSPECTION AND ACCEPTANCE OF WORK PRODUCED .................................................. 39 6.13 CONTINGENCY FEE ................................................................................................................ 39 6.14 TRUTH IN NEGOTIATION REPRESENTATION...................................................................... 39 532 City of Boynton Beach Procurement Division 6.15 PERFORMANCE REVIEW EVALUATION: .............................................................................. 39 6.16 ANTI-HUMAN TRAFFICKING .................................................................................................. 40 6.17 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY .............................................. 40 6.18 ENTITIES OF FOREIGN CONCERN ........................................................................................ 40 6.19 SUCCESSORS AND ASSIGNS ............................................................................................... 40 6.20 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS .................................... 40 SECTION IV – FEDERAL GRANT REQUIREMENTS ............................................................................... 41 Appendix II to Part 200 - Contract Provisions for Non-Federal Entity– Contracts Under Federal Awards 48 DRAFT - CONTRACT AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT (CONSTRUCTION) ..................................................................................................................................... 52 ATTACHMENT “A” ...................................................................................................................................... 3 ATTACHMENT “B” ...................................................................................................................................... 4 533 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 7 The City of Boynton Beach NOTICE TO OFFERORS REQUEST FOR QUALIFICATIONS FOR ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED RFQ. No. PWE25-009 Electronic Requests for Qualification (RFQs) shall be received by the e-procurement system up until March 3, 2025;March 11, 2025 No Later Than 3:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within ONE HUNDRED TWENTY DAYS (120) days after such date and time. All RFQs received will be publicly opened and acknowledged of receipt by the City’s e -procurement system electronically. The e-procurement system does not permit RFQs received after the assigned date and time. For the above reasons, it is recommended that the Offeror(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking qualification packages to secure the services of a qualified and experienced Consultant to Design, Engineer, and Perform Management and Administrative Services for the roadway, drainage, and Utility improvements of the San Castle Neighborhood Project, as well as to perform a Level 2 Environmental Review. The Consultant will provide the Engineering Design and complete the Environmental Review process for this San Castle Project in accordance with the Community Development Block Grant funds from the Florida Department of Commerce (FCOM) [Florida Commerce, F.K.A. Florida Department of Economic Opportunity (FDEO)] grant to upgrade drainage, Utilities, and Roadway Improvements for the neighborhood known as “San Castle”. The San Castle Neighborhood is located in the area north of NE 26th Avenue, West of Grove Road/Orchid Road, South of Mentone Road, and East of N. Seacrest Boulevard. The Offeror(s) shall act as an independent Consultant and not as an employee of the City. Questions related to the RFQ are to be submitted to the Purchasing representative through the e- procurement system only by clicking on the “Submit a Question” button for this specific Solicitation. PRE-QUALIFICATION CONFERENCE: Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 534 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 8 A NON-MANDATORY Pre-Qualification Conference is scheduled for February 11, 2025, at 10:00 A.M. to be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting qualification packages, and discuss other relevant issues. In the event that any discussions or questions at the pre-qualification meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate. No oral representation or discussion taking place at the pre -proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre -proposal meeting should be submitted in writing through the City’s e-procurement system by the deadline for questions. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Offeror or its agent shall directly or indirectly communicate with any member of the 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 Offeror. Further, any contract that violates the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals/Bids unless the City announces intent to award sooner. 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 reiss ue 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. CITY OF BOYNTON BEACH 535 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 9 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED SECTION I – INSTRUCTION TO OFFERORS – SUBMISSION REQUIREMENTS PROCUREMENT DIVISION Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission. We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders. Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region. Our Purpose: The City of Boynton Beach's procurement division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering. Key Goals: As guardians of the public trust, our procurement division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication. Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service. A Message to our Vendors: Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to. Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation. 1.0 DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening Solicitations that clarify, correct, or change the solicitation requirements or the contract document. “Agreement” The written agreement between the City and the Consultant covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably. “Application for Payment” The form acceptable to the Contract Administrator is used by the Consultant during the work in requesting progress or final payments and is accompanied by such supporting documentation as is required by the Contract Documents. “City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida 536 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 8 “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in writing by the Director, who is the representative of the City concerning the Contract Documents. “Contract Documents” The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), drawings, specifications of this Solicitation, all addenda issued prior to, all modifications issued after execution of this Agreem ent, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. “Consultant " The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Successful Offeror. “Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, or 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. “Contract Manager” The City’s authorized Contract representative. “Effective Date of the Agreement” The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. “Evaluation/Selection Committee” City Staff and /or outside consultants or subject matter experts who are assigned to evaluate the submitted proposals. “End User (EU)” An internal member of the city staff has requested a procurement service. Also known as a Stakeholder (SH) “Qualification Package” Submission from the Offeror or Firm for this request for qualification. “Interested parties” Firms or offerors interested in the solicitation plan to eventually create and submit a qualification package. “Notice to Proceed (NTP)” A written notice given by the City to the Consultant fixing the date on which the Contract Time will commence to run and on which the Consultant shall start to perform the Consultant’s obligations under the Contract Documents. Such Notice is to be issued by the project Contract Administrator. “Online e-procurement system” or “e-procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.” “Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach. “Offeror/Offeror/Responder” Any individual, firm, or corporation submitting a proposal for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror” and “Proposer” are used interchangeably and have the same meaning. “Request for Qualifications (RFQ)” Is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The consultant’s qualifications such as expertise, skills, experience, and other project- specific factors. Requests for Qualifications shall be in compliance with the State of Florida Competitive Consultants Negotiations Act, (CCNA) FS Chapter 287.055. Pricing is not submitted as a part of this evaluation process for submitted qualification proposals.. “Sub-Consultant” Any person, firm, entity, or organization, other than the employees of the Consultant, who contracts with the Consultant to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Consultant. “Responsible Offeror or Firm” This means a person or firm capable of fully performing the requirements in the RFQ and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Offeror or Firm” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFQ. “Written Amendment” A written amendment of the Contract Documents, signed by the CITY and the Consultant on or after the Agreement's Effective Date typically deals with non- technical aspects rather than strictly work-related aspects of the Contract Documents. Work Order, Project, Services, or Program” All matters that will be required to be done by the Consultant in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFQ. 537 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 10 The following instructions are given to guide Offerors in inadequately preparing their responses. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 DEPARTMENTS WITHIN THE CITY OF BOYNTON BEACH Anytime the City releases a new solicitation, it will contain a prefix of one of the following types: AC = Arts and Culture BD = Building Department CC = City Clerk CW = Citywide CS = Community Standards DS = Development Services FIN = Financial Services FR = Fire Rescue GO = Golf HR = Human Resources LIB = Library PLDEV = Planning and Development PUBA = Public Affairs PW = Public Works PWE = Public Works Engineering PD = Police Department RP = Recreations and Parks UTL = Utilities This prefix will denote the department responsible for initiating the solicitation request. 1.2 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation for Bid (ITB) R = Request for Proposal (RFP) L = Letter of Interest (LOI) Q = Request for Qualifications (RFQ) This suffix will determine what type of solicitation the City will be procuring. The City reserves the right to add any additional solicitation types at any time. 1.3 PROCUREMENT DEFINITION FOR SOLICITATION A Request for Qualification (RFQ) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The consultant’s qualifications such as expertise, skills, experience, and other project-specific factors. Requests for Qualifications shall be in compliance with the State of Florida Competitive Consultants Negotiations Act (CCNA) FS Chapter 287.055. Pricing is not submitted as a part of this evaluation process for submitted qualification proposals. Fair and reasonable fees are negotiated with the top-ranked firm for an agreed-upon scope of services. Proposals will be evaluated by an evaluation committee based on the criteria set forth in SECTION IV – EVALUATION OF QUALIFICATION PACKAGES. 1.4 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton - beach.bidsandtenders.net. B. To obtain documents online, please visit Boynton-beach.bidsandtenders.net. C. Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. D. Offerors are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 538 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 11 E. For the above reasons, sufficient time is recommended to complete your RFQ Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. F. Offerors should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. G. The e-procurement system will send a confirmation email to the Offeror advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.5 EXAMINATION OF CONTRACT DOCUMENTS A. Before submitting a Qualification Package, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if Applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Qualification Package Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Qualification Package Documents. B. The Offeror, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.6 ELIGIBILITY OF OFFEROR To be eligible to respond to participate in this RF Q, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services similar magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.7 QUALIFICATIONS OF OFFERORS A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. B. The City plans to review this RFQ in accordance with Florida Statute 287.055 and any CCNA requirements. C. Awards will be based on past performance and quality of work in addition to the Consultant’s RFQ response. D. If selected for a contract, all Consultants must perform to the satisfaction of the City before being considered for award of additional contracts. E. Consultants whose performance is unsatisfactory shall be subject to debarment or suspension. 1.8 PRE-QUALIFICATION CONFERENCE The city may hold a pre-qualification conference for this project. The information regarding such a meeting will be noted on the 1st page of this document. 1.9 QUESTIONS AND ADDENDA ON THIS SOLICITATION From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Offerors through the City’s e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Offeror to have received ALL addenda issued. 539 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 12 Offerors should check online at Boynton-beach.bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued. If a Offeror submits their proposal before the BID closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal. The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Offeror can view this status change in the “MY BIDS” section of the e-procurement system. A. The Offeror is solely responsible for creating any required adjustments to their Bid/Proposal, acknowledging the addenda, and ensuring the re-submitted Bid/Proposal is RECEIVED by the e-procurement System no later than the stated Bid/Proposal closing time and date. B. The Offeror is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. Any and all responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids and tenders. D. No verbal interpretations may be relied upon. E. Failure of any Offeror to receive any such addenda or interpretation shall not relieve any Offeror from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Offeror shall acknowledge receipt of any addenda through the e -procurement system by checking a box for each addenda and any applicable attachment. G. It is the Offeror's responsibility to have received all issued addenda. Offerors should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. H. Interested parties may preview the solicitation documents with a Preview Watermark before registering for the opportunity. Documents are not provided in any other manner. I. If any interested parties have received this RFQ packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. J. No negotiations, decisions, or actions shall be initiated by the Offeror as a result of any discussions with a City employee. K. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from Offerors submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. L. Late Submittal Responses are not permitted by the e-procurement system. M. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Offeror has obtained this Solicitation from a third party, the responsibility is on the Offeror to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. N. All expenses for making SUBMITTAL responses to the City are to be borne by the Offeror. 1.10 MISTAKES WITHIN RFQ Offerors are cautioned to examine all terms, conditions, specifications, Scope of Work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Offeror to any relief from the conditions imposed in the contract and may lead to the rejection of a proposal. 1.11 SUBMISSION OF THE PROPOSAL A. The City’s e-procurement solicitation system shall receive ELECTRONIC BID SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. 540 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 13 C. Electronic Request for Qualifications/Request for Proposals/Invitation to Bid Proposals for this solicitation shall be received by the City’s e-procurement system no later than the time outlined on page #1 of this solicitation. D. Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Offeror to have their Request for Qualifications/Request for Proposals/Invitation to Bid submittal submitted online. E. All qualification packages shall be submitted in English. 1.12 RFQ FORMS A. The Offeror will submit a response to the solicitation (RFQ) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. B. The Offeror must state the price and the time of delivery for which they propose to deliver the equipment or service requested. C. The Offeror must be licensed to do business as an individual, partnership, or corporation in the State of Florida. D. All qualification package forms should be executed and submitted for easy identification. Responses not submitted on proposal submission forms may be rejected. E. All qualification package submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. F. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: i Certification ii Vendor Drug-Free Workplace iii Qualification Statement iv References v Scrutinized Companies List vi E-Verify Compliance vii Sub-Consultant Form viii Firm’s Primary Ownership G. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION i Document Upload 1: Complete Qualification Package as described in SECTION III – Detailed Qualification Package ii Document Upload 2: Non-Collusive Affidavit & Acknowledgement iii Document Upload 3: Scrutinized Companies Affidavit iv Document Upload 4: Foreign Entity Ownership Affidavit v Document Upload 5: Anti-Human Trafficking Affidavit vi Document Upload 6: Proof of State Certified or County Competency vii Document Upload 7: Certificate of Insurance – Proof of Requirements viii Document Upload 8: Internal Revenue Service Form W-9 ix Document Upload 9: Anti Kick Back Affidavit x Document Upload 10: EXHIBITS A to F - Federal Grant Provision - Notarization Required 1.13 EXECUTION OF SOLICITATION DOCUMENTS Proposal submissions to this solicitation must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 1.14 CAUSES FOR REJECTION No response will be canvassed, considered, or accepted which, in the opinion of the City’s 541 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 14 evaluation committee, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposa l invalid. 1.15 REJECTION OF PROPOSALS A. The City reserves the right to reject any proposal if the evidence submitted by the Offeror, or if the investigation of such Offeror, fails to satisfy the City that such Offeror is appropriately qualified to carry out the obligations and to complete the work contemplated. B. Any or all proposals will be rejected if there is reason to believe that collusion exists among Offerors. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. C. The City reserves the right to reject any or all proposals, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.16 WITHDRAW OF PROPOSALS Any responder may, without prejudice to themself, withdraw his response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same perso n who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be withdrawn. 1.17 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tenders the e -procurement system. 1.18 SOLICITATION DEADLINE The Offeror is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e -procurement solicitation system does not permit late submission responses. 1.19 RIGHTS OF THE CITY The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all RFP, RFQ, or BID during the procurement process. C. Reissue a solicitation, including a Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (ITB). D. Extend the RFP, RFQ, or BID deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (ITB). G. Consider and accept an alternate RFP/RFQ/ITB as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RF Q procedure. I. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Offeror(s) representing the most advantageous submission to the City. J. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Offeror’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements/contracts with the City or other government entities. 542 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 15 1.20 PROTEST PROCEDURE Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing and addressed to the Purchasing Director via hand delivery or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualifications, it must be received before the bid submittal deadline date. B. if the protest relates to any other matter relating to the bid, including, but not limited to, the award of an agreement/contract, the protest must be received no later than THREE (3) regular business days after the date of notification of intent to award by a member of the purchasing staff. Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.21 MINIMUM STANDARDS REQUIRED BY THE CITY Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Offeror has the following: A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all agreement/contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to Agreement/contract within the State of Florida and the City of Boynton Beach. E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.22 DISQUALIFICATION OF OFFEROR More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between Offerors. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Consultant. B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.” 1.23 INFORMATION AND DESCRIPTIVE LITERATURE The Offeror must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Offeror may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products offered for proposal evaluation. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 1.24 INTERPRETATIONS To ensure fair consideration for all Offerors, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Offeror should be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Offeror shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this Bid, no later than ten (10) days prior to the solicitation deadline. 543 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 16 1.25 CERTIFICATIONS, LICENSE, AND PERMITS A. Unless otherwise directed by the City, the Offeror should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Offeror. B. If applicable, the Offeror shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the agreement/contractual service at no additional cost to the City. C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Consultant to obtain all certifications, licenses, and permits, if required, to complete the services at no ad ditional cost to the City. D. It is the responsibility of the Offeror to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the contract, inclusive of any renewals. E. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. F. Failure to meet this requirement shall be considered a default of the contract 1.26 SUB-CONSULTING A. If a Offeror utilizes sub-consultants for any portion of a Contract for any reason, the Offeror should state the name and address of the sub-consultant and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub- consultant.” B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-consultant is named and to make the award to the Consultant, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. C. The City also reserves the right to reject a submission of any Offeror if the solicitation names a sub-consultant who has previously failed to perform an award properly or failed to deliver on-time Contracts of a similar nature or who cannot perform correctly under this award. D. The City reserves the right to inspect all facilities of any sub-consultant to determine the foregoing. E. The sub-consultant will be equally responsible for meeting all requirements specified in this Request for Qualifications (RFQ). F. Offerors are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.27 ESCALATOR CLAUSE Any proposal that is submitted subject to an escalator clause will be rejected. 1.28 EXCEPTIONS BY OFFEROR Incorporation in a proposal of exceptions to any portion(s), of the Contract documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sh eet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the proposal. The use of the Offeror’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 1.29 TRADE SECRET Any language contained in the Offeror’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 Offeror submits any documents or other information to the City that the Offeror claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Offeror shall clearly designate that it is a Trade Secret 544 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 17 and that it is asserting that the document or information is exempt. The Offeror 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 Offeror’s proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Offeror agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 1.30 ANTI-KICKBACK AFFIDAVIT Each Offeror shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 1.31 CONFLICT OF INTEREST / GIFT POLICY The Offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All Offerors shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any of its branches. A. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Offeror considered for a City contract. In addition, the Offeror shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the Offeror. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Offeror shall not have activities or relationships (a) causing the Offeror to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Offeror's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.32 GIFT POLICY No Offeror who is a party to, or receives a benefit from, this agreement/contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Offeror who is a party to, or receives a benefit from, this agreement/contract. 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS It is the desire of the City of Boynton Beach to increase the participation of minority -owned businesses in its contracting and procurement programs. While the City does not have any 545 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 18 preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Offeror shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.34 AWARD OF CONTRACT: A. Contracts or purchase orders will be awarded by the City to the most qualified, responsive, responsible Offeror whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered. B. Proposals will be evaluated based on the evaluation factors and standards set forth herein. The City reserves the right to reject all proposals and waive technical errors as set forth herein. C. In the event of a court challenge to an award by any Offeror, damages, if any, resulting from an award shall be limited to actual bid or proposal preparation costs incurred by the challenging Offeror. D. In no case will the award be made until all necessary investigations have been made into the Offeror's responsibility and the City is satisfied that the most qualified, responsive, responsible Offeror is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.35 SIGNING OF CONTRACT: An Award Letter will be presented to the Consultant. Within ten (10) calendar days after the award letter is issued, the Consultant should sign and deliver the Contract to the city with the required bonds (if applicable) and insurance certificates. After r eceiving and approving such documents, the Contract would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Contract to the Consultant. At times, a purchase order will be issued in lieu of a contract agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 546 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 19 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED RFQ No. PWE25-009 SECTION II – SCOPE OF WORK (SERVICES) – PROJECT AGREEMENT -CONSULTANT The City of Boynton Beach seeks to engage qualified engineering-led teams to submit qualifications for investigation, evaluation, design, and construction administration services. The Engineering Services required will consist of the environmental review, design, permitting, bidding , and construction phase services as a Consultant to the City of Boynton Beach. This project will be procured in accordance with 287.055 CCNA guidelines. 2.1 BACKGROUND The City of Boynton Beach received Community Development Block Grant funds from the Florida Department of Commerce (FCOM) [Florida Commerce, F.K.A. Florida Department of Economic Opportunity (FDEO)] for mitigation efforts to upgrade drainage, utilities, and roadway improvements for a neighborhood known as “San Castle”. This is an acknowledgment that any subsequent contract executed as a result of this Request for Qualifications (RFQ) may be funded, in whole or in part, through the Florida Department of Commerce, US. Department of Housing and Urban Development (HUD) Commu nity Development Block Grant – Mitigation (CDBG-MIT) allocation as described in Public Law 115-123, or other Federal agencies. The Offeror shall perform all work in compliance with all applicable federal laws, regulations, executive orders, HUD CDBG-MIT grant policies, procedures, and directives in order to maximize recovery of reimbursable expenses. This shall include the provision of audit quality documentation as required by and acceptable to HUD for all work accomplished. The San Castle project area is located East of I-95, South of Hypoluxo Road. The Federally-funded project consists of performing critical upgrades to the neighborhood’s infrastructure to benefit an underserved population by giving them the ability to move freely in and out of the neighborhood, having a reliable source of drinking water, and knowing that stormwater will properly drain following a major rain event. The purpose of this work is to implement mitigation activities to increase resilience to disasters; reduce or eliminate the long-term risk of loss of life; injury; damage to and loss of property; suffering; hardship in Housing and Urban Development (HUD) designated Most Impacted and Distressed Areas (MID), and to ensure the safety and quality of lif e for the Low-to- Moderate Income community throughout regular day-to-day activities, and severe weather events. The City of Boynton Beach is seeking an Engineering Consulting Firm (Consultant), or other legal entity to provide the Engineering Design and to complete the Environmental Review process for this project. The awarded Consultant/Vendor shall exercise creativity and due diligence to complete the project in accordance with the City’s General Standards; and the requirements and deadlines of the Grant Agencies. 2.2 SCOPE OF SERVICES / GOAL In order to ensure objective Consultant performance and eliminate unfair competitive advantage, consultants that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. The purpose of this Request for Qualification (RFQ) is to secure the services of a qualified Consultant/Vendor. The awarded Consultant/Vendor will be responsible for the completion of all aspects of the Scope of Services/Work, Design, and Environmental Rev iew items, including but not limited to the following: 547 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 20 • Level 2 Environmental Review • Stormwater modeling to determine drainage improvements. • Set of Engineering plans (Paving, Grading, Drainage Plans, Water & Sewer Plans, Pavement Marking & Signage Plans, Erosion Control/Stormwater Pollution Prevention Plan, [PGD, WS, PMS, EC/SWPPP], and applicable detail sheets), at 30%, 60%, 90%, and 100% documents (PDF and CAD) o Drainage, utilities, and roadway improvements. • Kick-off meetings, site visits, and attendance at up to three public meetings and preparations of multi-color display foam boards illustrating the design features of the project. • Statement of Probable Construction Cost. • Survey(s) and Geotechnical services (borings) o Survey to include all existing facilities and utilities (perform Subsurface Utility Engineering (SUE) within the project limits. o Identify platted rights-of-way, lot numbers, house addresses, ownership lines, block numbers, and dedicated easements, location of visible fixed improvements (including physical objects, roadway pavement, railway tracks, canals, curbs, trees, signs, fences, power poles, buildings, and other encumbrances), location of all known above and below ground existing utilities (FPL, Bellsouth, cable TV, natural gas, water, fire hydrants, meters, reclaimed water, force mains, sanitary sewer, storm, and all other accessible structures, including rim and invert elevations). • The project shall be designed to meet all applicable code requirements and applicable City Standards, and any other applicable regulating agency. • Permitting Assistance o Complete per applications and submit along with drawings for permit review and approval, respond to all applicable permitting agencies’ comments, and revisions to documents as necessary. • Project Schedule • Bidding assistance o Provide bidding package (signed/sealed drawings and specifications, for distribution to prospective bidders. • As-builts drawings, after the construction of the project has been completed. • Construction Engineering Inspection The City has submitted the Environmental Review Exemption Certification and received an Exempt Activities approval. The next step will be to submit the Level 2 Environmental Review itself, to be reviewed either under Categorically Excluded Subject to [58.35(a)] (CEST) or Environmental Assessment [58.36] (EA), which the City requests the Consultant to complete. The Consultant will coordinate with the FCOM Environmental Review team and respond to any requests for information (RFI) or requests for additional information (RAI) as part of the process. The Offeror shall include all sub-consultants and services deemed necessary to complete the Environmental Review. The Community Development Block Grant funds from the Florida Department of Commerce (FCOM) [Florida Commerce, F.K.A. Florida Department of Economic Opportunity (FDEO)] Executed Grant Agreement is provided for reference as Exhibit A-1. The Exempt /CENST Activities Review Form that was submitted has been included for reference, along with the Letter from FCOM confirming the Exemption Approval as Exhibit A-2. 2.3 TERM OF PROJECT SCHEDULE/TIMELINE The City intends to award a contract for a thirty-six (36) month term based upon the stipulations of the Grant Award or when funding is made available. The executed contract will include an option to automatically extend no more than (180) calendar days to complete the project by mutual agreement and by filing a written notice signed by the vendor to the City’s Purchasing Department 548 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 21 without further City Commission action. At no time shall this extended transitional period extend more than (180) calendar days beyond the expiration date of the existing Contract. This extension is contingent upon satisfactory performance and determinatio n that it’s in the best interest of the City. 2.4 SERVICES TO BE PERFORMED: A Task Order, Purchase Order and a detailed statement of work and project schedule shall be issued by the City based upon the stipulations of the Grant Award or when funding is made available. The (San Castle) Project Manager shall then provide a detailed level of effort, project, and staffing schedule that conforms to the specific project and schedule requirements. A firm fixed price will be based on the price proposal included in the contract at the time of contract execution. Payment in all cases will be subject to the completion of designated project milestones, the successful completion of tasks, and City's acceptance of deliverables. No work is authorized until such time as an executed Contract is fully executed by all Parties and the issuance of a Purchase Order. Any work provided under a revision, amendment, or change order to the purchase order is not authorized until the amendment is fully executed by all Parties. Throughout the project duration, the City’s Project Manager will conduct performance evaluations that will be documented and shared with the chosen Engineering/Environmental firm. The City will keep a record of the project performance of this firm, which w ill play a significant role in the consideration for future contracts. 2.5 LICENSES AND CERTIFICATIONS To be eligible for award of this contract, all Design Engineering firms must submit and possess at time of RFQ closing, all applicable state and/or county license(s) as may be required to perform the scope as determined by state and/or county licensing age ncy. This is the design of a pump station and pump house. State: Florida Board of Professional Engineers (FBPE): Certificate Authorized under the provision of Section 471.023 Florida Business Statues, to offer engineering services to the public through a Professional Engineer duly licensed under Chapter 471, Florida Statues. The occupational license must be in effect as required by Florida Statute §205.065. 2.6 EXISTING CONDITIONS The Offeror(s) shall be responsible for verifying existing conditions, including researching all existing city records and other information. 2.7 BUDGET FOR PROJECT: The City of Boynton Beach’s budget for this project is $19,765,302.00. 2.8 AWARD of RFQ/SELECTION PROCESS: Selection of the Consultant/Vendor(s) shall be a qualification-based selection in accordance with Florida Statutes §287.055, “Consultants Competitive Negotiation Act”. The scoring criteria included in SECTION IV herein will be used in the evaluation and ranking of the Proposal based on the response within this RFQ by the Evaluation/Selection Committee. 2.9 RESPONSIBILITIES OF CONSULTANT: Any firms submitting a qualification package for this RFQ shall understand that this project is funded through a Federal CDBG-MIT grant. The Engineering/Design Team shall be responsible for verification of existing conditions, including research of all existing CITY records and other information. 549 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 22 The Engineering Team shall have the responsibility of maintaining regular communication with City’s Project Manager to keep him 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. 2.8 PROHIBITION AGAINST CONTINGENT FEES In accordance with Florida Statute 287.055(5) “Competitive Negotiation”: A. The City’s Administrative Staff shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair, competitive and reasonable. In making such a determination, the City’s Administrative S taff shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a- fixed-fee professional service contract over $195,000 (the threshold amount provided in s. 287.017 for CATEGORY FOUR), the City shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. B. Should the City’s Administrative Staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the City’s Administrative Staff determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The City’s Administrative Staff shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the City’s Administrative Staff must terminate negotiations. The City’s Administrative Staff shall then undertake negotiations with the third most qualified firm. C. Should the City’s Administrative Staff be unable to negotiate a satisfactory contract with any of the selected firms, the City’s Administrative Staff shall select additional firms in the order of their competence and qualification and continue negotiation s in accordance with this subsection until an agreement is reached. 2.9 GENERAL The Consultant(s) shall furnish all tools, materials, equipment, sub-consultants, labor, supervision, etc., as necessary for the Offeror to maintain and complete the assigned as outlined in the agreed- upon scope of work/services provided within this Request for Proposals. All mileage and travel time to and from the job site is not reimbursable. The City reserves the right to negotiate the contract's final terms, conditions, and pricing structure as may be in the City's best interest. 2.10 TIME SCHEDULE AND TIME FRAMES Schedules shall be included in detailed work orders issued under the Contract and shall be based on the number of continuous calendar days following the work order execution date to complete specific tasks of the project. If the City reviews and comments are necessary to proceed with a task, then a specified City review time shall be included in the schedule. 550 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 23 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED RFQ No. PWE25-009 SECTION III – SUBMISSION OF QUALIFICATION PACKAGE 3.1 GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this REQUEST FOR QUALIFICATIONS (RFQ). As such, the substance of the Firms Qualification Package will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Offeror and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the RFQ requirements. The selected Consultant(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ expeditiously and economically, consistent with the city's needs. Additionally, the consultant will be required to demonstrate recent experience successfully completing services similar to those specified in this RFQ. 3.2 CERTIFICATION AND LICENSES Offerors must include copies of all applicable certificates and licensing, or business permits related to the Work specified herein with their proposals. 3.3 DETAILED QUALIFICATION PACKAGE Prospective Offerors interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Brevity and clarity are encouraged. Each of the NINE (9) sections listed below shall be completed online through the e-procurement system and uploaded into DOCUMENT 1.. THE QUALIFICATION PACKAGE IS TO BE COMPLETED ONLINE 1. Letter of Interest The Letter of Interest shall summarize the Offeror’s primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be signed by the Offeror or person authorized to bind the Offeror to the submitted RFQ. 2. Standard Form 330 (Parts I and II) – Firms Qualifications The Standard Form 330 Architect/Engineer Qualifications for previous projects must be included as part of the RFQ response. Firms shall complete both Part I and II of the Standard Form 330 for projects completed within the past ten (10) years so that the City can obtain adequate information for this RFQ. 3. Certified Minority Business Enterprise Please identify if you are a Certified Minority Business Enterprise as defined by the Florida Small and Minority Business Assistance Act. If the Prime Consultant meets this definition, they will receive 10 points with a 5% weight. Any sub-consultants used by the Prime Consultant to meet this definition will allow the prime consultant to receive 5 points with a 5% weight as described in SECTION IV— 551 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 24 EVALUATION OF QUALIFICATION PACKAGE. The firm shall receive no more than 10 points with a 5% weight for this criteria. The Prime Consultant will receive 10 points meeting this definition, and any sub- consultants will receive 5 points utilizing the weights described in SECTION IV – EVALUATION OF QUALIFICATION PACKAGE if this requirement is met. Note: Pursuant to the Consultants’ Competitive Negotiation Act (“CCNA”), a certified minority business enterprise is defined in accordance with the Florida Small and Minority Business Assistance Act. Pursuant to the Florida Small and Minority Business Assistance Act, a certified minority business enterprise is an entity that has been certified by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”). If you are a Certified Minority Business Enterprise, please provide proof of y our certification by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”) 4. Offeror ’s Qualifications a. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. b. Provide a narrative statement demonstrating an understanding of the overall intent of this solicitation, as well as the methods used to complete assigned tasks. c. Please clearly describe all aspects of the project proposed. d. Include details of your approach and work plans. e. Identify any issues or concerns of significance that may be appropriate. f. Identify any sub-consultants you propose to utilize to supplement your Firm’s staff. g. If the Principal Place of Business is different from the location specified in the Offeror’s Qualification Statement, then the Offeror shall specify the office location where each project will be managed and produced. 5. Willingness to meet budget and timeline requirements: Please advise if your firm is willing to meet the following time and budget requirements. a. Budget: The Budget for this project is as follows: i $19,765,302.00 b. Funding Sources: i $3,265,302 – City Fund ii $16,500.00 - Federal Department of Economic Opportunity (CDBG-MIT) Please note that during this portion of the process, the City is NOT asking for the firms to submit pricing. After the evaluation committee has selected the firms in order of preference, the City shall negotiate a contract with the most qualified firm for professional services at compensation, which the agency determines is fair, competitive, and reasonable. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the next most qualified firm. 552 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 25 6. Location Please provide the address and the primary location on where work will be performed by your firm for this project. If services will be performed by different offices (such as a joint venture) provide a location for each firm. 7. Financial Information a. Financial Stability: The Firm shall demonstrate financial stability. Firm shall provide a statement of its financial stability, including information as to current or prior bankruptcy proceedings. Qualification Packages shall include a copy of the most recent annual financial report/annual audit/10K and the most recent 10Q, if appropriate. Financial reports provided shall include, at a minimum, a balance sheet, an income statement, and a statement of cash flows. b. Financial Statement: The Firm shall include a copy of its latest audited financial statements. If the Firm is a corporation, it shall submit a copy of the corporation's latest audited financial statements. In the event the Firm does not have audited financial statements, it may substitute non-audited financial statements and complete federal tax returns for the last two (2) years. 8. Current and Projected Workload of the Offeror (by office local, if applicable) a. Provide quantitative data that clearly indicates the ability of the Offeror to devote the necessary time and resources to successfully complete the service and projects promptly. Current and projected workload data shall be provided for each key project member as follows: i Current project work listing and remaining labor commitments. ii Historically, describe the typical number of projects handled by the Offeror’s key project managers at any given time. iii Projected workload of project management activities as defined in the scope of services. iv Identify any sub-consultant firms providing significant services that may be assigned more than five (5%) of the work. 9. References – Past Performance Provide at least three (3) reference projects of a similar size, scope , and complexity that have been completed by your firm within the last ten (10) years, which demonstrate the experience of the firm and the key members that will be assigned to provide the services as required by this Project. A project “similar in scope” is defined as a project that includes some or all of the following components: design of a new stormwater conveyance system, stormwater pump station, force mains, road restoration, and other related restoration work. 553 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 26 A project “similar in size” is defined as a project completed under the Design -Bid-Build method, which was at least $10,000,000 in cost (design and construction). For each reference project, provide the following information: a. Client Name/Owner’s Representative name, address, phone number, and email address. b. Name and location of the project. Description of the Scope of Work. c. Role your company provided. d. Date project was completed or is anticipated to be completed. e. Saving is achieved through value engineering or other innovative design approaches. f. The total amount of approved Change Orders. g. Present status of the project. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; 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 or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. 10. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. See SECTION I – INSTRUCTIONS TO OFFERORS -1.12 RFQ FORMS. In addition to the standard required forms. The Offeror shall complete the following for this federally funded grant project. EXHIBITS A to F - Federal Grant Provision - Notarization Required THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 554 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 27 RFQ No. PWE25-009 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED SECTION IV – EVALUATION OF QUALIFICATION PACKAGE 4.1 EVALUATION METHOD AND CRITERIA A preliminary evaluation of each Proposal will be conducted by the City’s Purchasing Division through the City’s electronic e-procurement bidding system Boynton-beach.bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation Committee or (EC), comprised of City staff and, if applicable, outside consultant(s). The Evaluation Committee may utilize the City’s e-procurement system to electronically evaluate all submittals based on the informati on provided and criteria as set forth in this solicitation. The City’s Evaluation Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection. The selection of the most qualified Respondent(s) will be based on their responsibility and responsiveness, meaning the firm must submit a proposal that fully conforms to the material requirements outlined in this RFQ. The weighted criteria provided below are intended to guide the Offeror in prioritizing their time and efforts during the submission process. These criteria serve as the evaluation framework used by the Evaluation Committee during both the scoring and, if applicable, the shortlisting process. The City shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act, and other factors determined by the City be applicable to its particular requirements. # Evaluation Criteria Point Rating Range Weight N/A Compliance with Request for Qualification Requirements (Responsiveness) (Mandatory) 1 Adequacy of Personal -Firms Qualifications, Qualifications of Project Manager Team/Individual (key contract members), and Availability of Specialty Resources 0 – 10 40% 2 Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work 0 – 10 30% 3 Past Record - References of Past Performance 0 – 10 10% 4 Overall Competency – Willingness to meet time and budget, current and projected workloads, and location 0 – 10 15% 5 Certified Minority Business Enterprise (Prime 10 points or Subs -5 points of the 5%) MUST ATTACH CERTIFICATE 0 or 5 or 10 5% TOTAL POINTS 0 – 50 100% 6* Interviews and Presentations 0 – 100 25% 555 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 28 * Criteria 6 will be reviewed separately from the standard evaluation process, if applicable, allowing the Offeror the opportunity to earn additional points 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA: Each Evaluation Committee Member shall award a rating of 1 to 10 for each category based upon each member’s assessment of the Offeror’s response to the criteria. The following qualitative guidelines: • 10 – Outstanding Response: Highly comprehensive, excellent reply that meets all the requirements of the areas within that category. In addition, the response covers areas not originally addressed within the RFQ category and includes additional information and recommendations that would prove both valuable and beneficial to the agency. This response is considered to be an excellent standard, demonstrating the Offeror's authoritative knowledge and understanding of the project. • 9-8 Excellent Response: Provides useful information, while showing experience and knowledge within the category. The proposal is well thought out and addresses all requirements set forth in the RFQ. The Offeror provides insight into experience, knowledge, and understanding of the subject. • 7-6 Good Response: Meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter. This response demonstrates an above-average performance with no apparent deficiencies. • 5-4 Fair Response: Meets the requirements in an adequate manner. This response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth. • 3-1 Inadequate Response: Minimally meets the requirements for the Evaluation Criteria as set forth in the • 0-Failed Response/ No Response (no points awarded): Does not meet the requirements for the Evaluation Criteria set forth in the RFQ. 4.3 CITY’S RIGHT TO USE BEST-VALUE RANKING: The Evaluation Committee also retains the discretion to employ a ranking system as an alternative to the weighted criteria. Upon request, the committee may rank the responses from 1st place, 2nd place 3rd place etc., based on the total number of submissions under review. 4.4 ADDITIONAL CLARIFICATION: The Evaluation Committee also retains the discretion to request additional information from any firms who submit proposal packages during the evaluation process. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions. 4.5 SELECTION PROCESS: A. An Evaluation Committee consisting of the City’s staff members, and may include outside consultants as deemed necessary, will review each written submission to ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. B. This weighted criterion is the evaluation framework the EC uses during the shortlist and scoring process. 556 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 29 C. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All EC member's scores may be electronically opened and read aloud for discussion among the Evaluation Committee members. D. The Evaluation Committee may, at its sole discretion, request discussions or interviews or require presentations, additional information, or clarification of any information submitted by Respondent(s). E. The Evaluation Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and after the completion of the discussions, interviews, or presentations, the Committee will utilize the presentation points out lined above. F. After the final ranking is completed, the Evaluation Committee will make a motion for a recommendation for an award, which will be submitted to the City Commission for approval. G. After approval by the City Commission, the City Representative authorized to execute contracts will execute an Agreement(s) based on the attached draft contract developed from this Request for Qualifications (RFQ). H. The City reserves the right to include additional provisions if the inclusion is in the City's best interest, as determined solely by the City. I. The Selection of Architects and Engineers statute requires the public announcement of requirements for A-E-S services and the selection of at least three (3) of the most highly qualified firms based on demonstrated competence and professional qualifications according to specific criteria published in the announcement. The Act then requires negotiating a contract at a fair and reasonable price, starting first w ith the most highly qualified firm. J. CONTACT WITH ANY PERSONNEL OF THE CITY OF BOYNTON BEACH OTHER THAN THE PROCUREMENT REPRESENTATIVE DURING THE SOLICITATION, EVALUATION, AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 557 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 30 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED RFQ No. PWE25-009 SECTION V – STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract. The term “vendor,” as used below, may collectively apply to vendors, bidders, Offerors, consultants, contractors, subcontractors, and sub-consultants. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFQ, Offerors shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Offerors must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Offeror shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION Offeror shall not collude, conspire, connive, or agree, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the proposal submission form or of any other Offeror, or to fix any overhead profit, or cost elements of the proposal price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Offeror, or any person interested in the proposed work. The Offeror certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 5.3 LEGAL CONDITIONS Offerors are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Boynton Beach. 5.4 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 5.5 ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices bid/proposal in this solicitation. If additional quantities are not acceptable, the bid sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 5.6 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 5.7 LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Offeror will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES All Request for Proposals, Request for Qualifications, Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 5.9 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 5.10 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must 558 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 31 appear on all invoices, packing slips, and all correspondence concerning the order. 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Offeror certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Offeror further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Offeror. Offeror certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: The Offeror and, if awarded 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 any agreement/contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant 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 sub-consultants 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 agreement/contract justifying its termination. 5.13 OTHER AGENCIES All Consultant(s) awarded contracts resulting from this RFQ and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Offeror(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT A. The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. B. During the performance of the Contract, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. C. The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. D. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. E. The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. F. The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. G. The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 5.16 INDEPENDENT CONSULTANT RELATIONSHIP: The Offeror and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent Consultant and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to the agreement/contract shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Consultant's relationship, and the relationship of its employees, to the City shall be that of an independent Consultant and not as employees or agents of the City. 559 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 32 5.17 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s) or service as specified. 5.18 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 Offeror 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 the award of contract to the Offeror. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 5.19 LEGAL EXPENSES: The City shall not be liable to a Offeror for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract or from any other matter generated by or relating to the agreement/contract. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFQ or agreement/contract to follow with Consultant is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Offeror. 5.21 DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City’s suppliers for contracts/construction/public works- related materials when deemed in the City's best interest. 5.22 SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, CONSULTANT, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 5.23 DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. 5.24 NON-EXCLUSIVE As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida agreement/contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreement/contracts for goods and services falling within the scope of this solicitation and resultant agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or for goods and services specified in this solicitation when the scope 560 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 33 substantially differs from this solicitation or resultant agreement/contract. 5.25 BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Offeror shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT/CONTRACT Offeror agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding agreement/contract is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Offeror. The Offeror certifies that the proposal has been made by an officer or employee having the authority to bind the Offeror. 5.27 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Offeror in any way, manner, or form. 5.28 DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Offeror's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item A above. D. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Offeror of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. E. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Offeror represents and certifies that Offeror and all Sub-consultants do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Offeror represents and certifies that Offeror and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Offeror's social, political, or ideological interests when determining if the Offeror is a responsible Consultant. Offerors are further notified that the City's governing body may not give preference to a Offeror based on the Offeror's social, political, or ideological interests. 5.31 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Offeror pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 5.32 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 5.33 PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications, or Invitation to Bid are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFQ, RFP, or BID unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, 561 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 34 graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the agreement/contract which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the agreement/contract, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Offeror believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, 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, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant’s possession. All records stored electronically by Consultant 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. Failure of the Consultant to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting agreement/contract. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 562 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 35 RFQ No. PWE25-009 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED SECTION VI – SPECIAL CONDITIONS The Consultant will be responsible for supplying the necessary labor to complete services outlined in this RFQ by the City of Boynton Beach. The following special conditions shall apply to all Offerors and eventually to the Consultant(s) who are awarded the contract for these services. 6.1 ASSIGNMENT: Any contract issued pursuant to this request for proposal, qualifications, or invitation to bid and the funds that may come due hereunder are not assignable except with the prior written approval of the city. 6.2 PERFORMANCE DURING EMERGENCY: The Consultant agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, the City shall be given "first priority" for all goods and/or services under the agreement/contract. The Consultant agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The Consultant shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of agreement/contract and subject the Consultant to sanctions from doing further business with the City. 6.3 AGREEMENT EXTENSION The City reserves the right to extend automatically for a period not to exceed an additional ONE HUNDRED EIGHTY (180) calendar days by mutual agreement and by filing a written notice signed by the Consultant to the City’s Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of the contract. 6.4 INDEMNIFICATION The CONSULTANT shall indemnify and hold harmless CITY and its current, past, and future officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in the performance of this Agreement. 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. 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. 563 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 36 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. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT 6.5 CHANGES IN THE WORK/CONTRACT PRICE A. ALLOWANCE The City may request approval from the City Commission on an allowance for this project. Any allowance requested by the City shall only be approved by the City Manager’s Office or their designee B. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Consultant for performing the work. All duties, responsibilities, and obligations assigned to or undertaken by the Consultant shall be at his expense without change in the Contract Price or Time except as approved in writing by the City Representative/Project Manager. C. CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. 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 promptly (but in no event later than 15 calendar days) after the occurrence of the event giving rise t o the claim and stating the general nature of the claim. The amount of the claim with supportin g data shall be delivered (unless the Owner allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 6.6 CHANGES IN CONTRACT TIME A. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to the extension of the contract time. B. NOTICE Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Consultant hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Consultant has given the notice and the supporting data required by this Paragraph. C. BASIS FOR EXTENSION Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Consultant can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts 564 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 37 of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 6.7 TERMINATION The City, by written notice, may terminate in whole or in part any Contract resulting from this RF Q when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supp ly actions short of delivery. A. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the Consultant, terminate the agreement/contract in whole or in part if the Consultant fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In t he event the City terminates the agreement/contract in whole or in part because of default of the Consultant, the City may procure goods and/or services similar to those terminated, and the Consultant shall be liable for any excess costs incurred due to this action. If it is determined that the Consultant was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Consultant), the rights and obligations of the parties shall be thos e provided in Section "Termination for Convenience". B. TERMINATION FOR CONVENIENCE OF CITY Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the Consultant, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the Consultant has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the Consultant shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date, given in the notice of termination. Additionall y, unless directed differently, the Consultant shall terminate outstanding orders and/or subcontracts related to the terminated work. Consultant shall indemnify the City against loss pertaining to this termination. C. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. D. FUNDING OUT This result of this Agreement shall remain in full force and effect only if the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 565 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 38 6.8 PERFORMANCE OF CONSULTANT The Offeror shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. Failure on the part of the submitting Firm to comply with the conditions, terms, specifications, and requirements of the RFQ shall be cause for cancellation of the RFQ award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance-based contracting. The City may, by written notice to the Responding Firm, terminate the Contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 6.9 INSURANCE REQUIREMENTS If a Consultant is providing a service under this agreement/contract, then the Consultant shall, at its sole expense, always maintain in full force and effect during the life of this agreement/contract, insurance coverages, and limits (including endorsemen ts), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Consultant under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Consultant shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the agreement/contract. It shall be the responsibility of the Consultant to maintain workers’ compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Bo ynton Beach property. Loss by fire or any other cause shall be the responsibility of the Consultant until such time as the items and/or work have been accepted by the City. The Consultant shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 6.10 FORCE MAJEURE The agreement/contract which is awarded to the Consultant may provide that the performance of any act by the City or Consultant thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to Consultant for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 6.11 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM Consultant shall complete each executed Work Authorization/Task Order without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. 566 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 39 Any Work Authorization/Task Order for which performance extends beyond the Term may be amended after that expiration date, provided that any additional Services, time, and compensation are permitted under this Agreement. The terms and conditions of this Agreement shall continue to govern Work Authorizations/Task Orders notwithstanding the expiration of this Agreement. 6.12 INSPECTION AND ACCEPTANCE OF WORK PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Consultant. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Consultant. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Consultant. The Consultant shall make any required corrections promptly at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Consultant’s submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involv ed) or reduce the contract price or cost to reflect the reduced value of services received. 6.13 CONTINGENCY FEE Consultant represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 6.14 TRUTH IN NEGOTIATION REPRESENTATION Consultant’s compensation under this Agreement is based upon its representations to City, and Consultant certifies that the wage rates, factual unit costs, and other information supplied to substantiate Consultant’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this Agreement. Consultant’s compensation may be reduced by City, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant’s compensation in this Agreement. 6.15 PERFORMANCE REVIEW EVALUATION: The awarded Consultant(s) may receive a performance evaluation by City Staff d uring the course of the term contract. The City’s Project Manager shall complete performance evaluations at the first year of the contract or more frequent intervals as required by the Contract and at the time of the end of the term contract. Should the services provided by the Consultant fail to meet the expectations of the City’s Project Manager, the Consultant shall have a period of ten (10) working days from the date notice is given to the Consultant by the City to correct all deficiencies in the under the contract. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the contract without the City being liable for any and all future obligations under the Contract as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Consultant for any accepted work product through the date of termination of an authorized Purchase Order, provided it is in a form sufficiently 567 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 40 documented and organized to allow subsequent utilization in completing the work product. The City’s Project Manager shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with bringing performance back to acceptable standards. It is equally important to complete the “Consultant Performance Evaluation Form whenever any of the performance indicators are either “marginal” or “unsatisfactory”. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the City’s Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. 6.16 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Consultant entering into an Agreement with the City, the Consultant shall provide the City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 6.17 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY Consultant represents that Consultant, and each Sub-consultant have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Consultant violates this section, City may immediately terminate this Agreement for cause and Consultant shall be liable for all costs incurred by City due to the termination. 6.18 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Consultant or any Sub-Consultant will have access to an individual’s personal identifying information under this Agreement. Consultant represents and certifies: (i) Consultant 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 Consultant; and (iii) Consultant is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, Consultant and any Sub-consultant that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the 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 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. 6.19 SUCCESSORS AND ASSIGNS The City and the Consultant each bind themselves and their successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the Consultant shall assign, sublet, convey, or transfer its interest in the Contract without the prior written consent of the other. 6.20 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Final Agreement The Instructions to Offerors The Scope of Work (Services) The Special Conditions Standard General Terms and Conditions THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 568 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 41 SECTION IV – FEDERAL GRANT REQUIREMENTS RFQ No. PWE25-009 ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED This project will be partially or fully funded through a federal grant that was awarded to the City of Boynton Beach (“City”). Therefore, Consultants must comply with all provisions listed within the grant requirements. Consultants should familiarize themselves with all regulations and requirements contained bel ow and in 2 C.F.R. Part 200, along with Appendix II, before submitting a response. All references to a “Non-Federal Entity” herein shall be construed to mean the City of Boynton Beach (CITY), it’s officers, employees, and elected officials. By submitting a proposal for this project, Consultant agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules, and regulations which may pertain to the Services required under the Agreeme nt, including but not limited to the following: Data is current as of January 27, 2025 Included herein: Title 2 → Subtitle A → Chapter II → Part 200 Title 2: Grants and Agreements Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 200.318 (a-b) GENERAL PROCUREMENT STANDARDS The CITY has documented procurement procedures and will conform to the procurement standards identified in §§ 200.317 through 200.327. In accordance with the requirements of this grant/s, the CITY shall maintain oversight to ensure that Consultants perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Procurement Standards § 200.317 Procurements by states. When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non-Federal funds. The State will comply with §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in §§ 200.318 through 200.327. § 200.318 General procurement standards. (a) The Non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward. The non-Federal entity’s documented procurement procedures must conform to the procurement standards identified in §§ 200.317 through 200.327. (b) Non-Federal entities must maintain oversight to ensure that Consultants perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (c) (1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, 569 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 42 or anything of monetary value from Consultants or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non -Federal entity. (2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non -Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a r elated organization. (d) The non-Federal entity’s procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (c) To foster greater economy and efficiency, and in accordance with efforts to promote cost -effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or int er-entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. (f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-Federal entity must award contracts only to responsible Consultants possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as Consultant integrity, compliance with public policy, record of past performance, and financial and technical resources. See also § 200.214. (i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, Consultant selection or rejection, and the basis for the contract price. (j) (1) The non-Federal entity may use a time-and-materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the Consultant exceeds at its own risk. Time-and-materials type contract means a contract whose cost to a non- Federal entity is the sum of: (i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the Consultant for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the Consultant exceeds at its own risk. Further, the non- Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the Consultant is using efficient methods and effective cost controls. (k) The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non -Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [85 FR 49543, Aug. 13, 2020, as amended at 86 FR 10440, Feb. 22, 2021] § 200.319 Competition. 570 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 43 (a) All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and § 200.320. (b) In order to ensure objective Consultant performance and eliminate unfair competitive advantage, Consultants that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (c) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided it s application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (d) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define th e performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. © The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. (f) Noncompetitive procurements can only be awarded in accordance with § 200.320 ©. § 200.320 Methods of procurement to be followed. The non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§ 200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in § 200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non- Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement o f property or services at or below the SAT include: (1) Micro-purchases - (i) Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in § 200.1). To the maximum extent practicable, the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. 571 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 44 (ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro -purchases if procedures are documented and approved by the non-Federal entity. (iii) Micro-purchase thresholds. The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non-Federal entities may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. (iv) Non-Federal entity increase to the micro-purchase threshold up to $50,000. Non- Federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The non-Federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with § 200.334. The self-certification must include a justification, cle ar identification of the threshold, and supporting documentation of any of the following: (A) A qualification as a low-risk auditee, in accordance with the criteria in § 200.520 for the most recent audit; (B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (C) For public institutions, a higher threshold consistent with State law. (v) Non-Federal entity increase to the micro-purchase threshold over $50,000. Micro- purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non-federal entity must submit a request with the requirements inc luded in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. (2) Small purchases - (i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (ii) Simplified acquisition thresholds. The non-Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. (b) Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non -Federal entity, formal procurement methods are required. Forma l procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non - competitive procurement can be used in accordance with § 200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non -Federal entity determines to be appropriate: (1) Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. (i) In order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; 572 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 45 (B) Two or more responsible bidders are willing and able to compete effectively for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: (A) Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (B) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (C) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (D) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (E) Any or all bids may be rejected if there is a sound documented reason. (2) Proposals. A procurement method in which either a fixed price or cost -reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the followin g requirements: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; (iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity, with price and other factors considered; and (iv) The non-Federal entity may use competitive proposal procedures for qualifications- based procurement of architectural/engineering (A/E) professiona architecture whereby offeror's qualifications are evaluated and the mos t qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. (c) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section); (2) The item is available only from a single source; (3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4) The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate. § 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus ’rea firms. (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus ’rea firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation list’s; 573 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 46 (2) Assuring that small and minority businesses, and women's business enterprises are solicited whene’er they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime Consultant, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. § 200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award . (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. § 200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its Consultants must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of comp etition, 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. § 200.324 Contract cost and price. (a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. (b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting’ the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. § 200.325 Federal awarding agency or pass-through entity review. (a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass - through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review 574 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 47 accomplished after a solicitation has been developed, the Federal awarding agency or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass - through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-Federal entity's procurement procedures or operation fail ’ to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; (2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non -Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. § 200.326 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the Consultant for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the Consultant's requirements under such contract. (c) A payment bond on the part of the Consultant for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. § 200.327 Contract provisions. The non-Federal entity's contracts must contain the applicable provisions described in appendix II to this part. Remainder of Page Intentionally Blank 575 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 48 Appendix II to Part 200 - Contract Provisions for Non- Federal Entity– Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. All references to a “Non-Federal Entity” herein shall be construed to mean the City Boynton Beach (CITY), it’s officers, employees, and elected officials. All Provisions shall be included and made a part of the final contract between the CITY and the CONSULTANT whether specifically included in the final contract document or referenced within the contract document, in which case these provisions shall be included as a part of the Agreement as if specifically enumerated therein. In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the CITY under the Federal award must contain provisions covering the following, as applicable: (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where Consultants violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) 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 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Consultants 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, Consultants 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 CFR Part 3, “Consultants and Sub-consultants 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 Consultant 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. 576 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 49 (E) 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 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Consultant 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. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires 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). (H) Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.323. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its Consultants must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Sec tion 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 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. 577 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 50 (K) See § 200.216: Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, rea sonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected bus inesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. © See Public Law 115–232, section 889 for additional information. (d) See also § 200.47 (L) See § 200.322. Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: 578 City of Boynton Beach Procurement Division RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 51 (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optic al fiber; and lumber. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] 579 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 52 APPENDIX ‘A’ DRAFT - CONTRACT AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT (CONSULTANT) (CONSTRUCTION) 580 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-53 DRAFT SAMPLE AGREEMENT FOR ENGINEERING/DESIGN SERVICES THIS AGREEMENT (“Agreement”), dated ____________ _____, ________, is entered into by and between: THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida with a business address of 100 E Ocean Ave, BOYNTON BEACH, Florida 33435 (hereinafter referred to as the "CITY"), and ______________________________., a foreign profit corporation as listed with the Florida Division of Corporations, with a principal address ___________________________ (hereinafter referred to as the “CONSULTANT”). CITY and CONSULTANT may hereinafter be referred to collectively as the "Parties." W I T N E S S E T H: In consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONSULTANT agree as follows: ARTICLE 1 - PREAMBLE In order to establish the background, context, and form of reference for this Agreement and to generally express the objectives and intentions of the respective Parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitme nts included within the provisions which follow, and may be relied upon by the Parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On ______________, the CITY advertised its solicitation for Request for Qualification of the CITY's desire to hire a firm to deliver complete and permitted design documents for the ____________, and provide all other professional services that may be deemed necessary for the satisfactory design and completion of the project, as more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, for the said RFQ entitled: Request for Qualifications (RFQ) # ______________ “ENGINEERING AND DESIGN SERVICES ____________________________” 1.2 On ______________, the qualification packages were opened at City Hall by the Purchasing division. 1.3 On _______________, the CITY’s evaluation committee met in a publicly noticed open to the public meeting where they discussed and scored the proposals and, per the requirements of (“CCNA”), §287.055, Florida Statutes shortlisted the top three proposers to view presentations. 1.4 On ______________, the CITY’s evaluation committee witnessed presentations from the highest- ranking proposers and, after presentations, met in a publicly noticed open to the public meeting where they 581 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-54 provided final scoring and collectively decided that ____________________ is the most advantageous solution for the CITY to provide the professional services as described in Exhibit “A” and selected CONSULTANT as the most highly qualified to perform the required services in accordance with the Consultant's Competitive Negotiation Act (“CCNA”), §287.055, Florida Statutes. 1.5 On _____________, the CITY Commission accepted the results of the evaluation committee the proposal with CONSULTANT, and authorized the proper CITY officials to negotiate and enter into this Agreement with CONSULTANT through RESOLUTION # _________ to govern the services more particularly described herein below. 1.6 On ___________, ___________, and ___________, CITY held negotiations with CONSULTANT based on the proposal and scoring from the evaluation committee. 1.7 At the final negotiation meeting on ______________, CITY Staff felt that the final scope of work and fee proposal were deemed fair, competitive, and reasonable. 1.8 Negotiations regarding the services required herein were undertaken in accordance with the CCNA, §287.055, Florida Statutes, and this Agreement incorporates the results of such negotiations . 1.9 The services provided by CONSULTANT pursuant to this Agreement shall comply with the definition of "professional services" as provided for in Section 287.055(2)(a), Florida Statutes, as may be amended from time to time. ARTICLE 2 - SERVICES AND RESPONSIBILITIES 2.1 CONSULTANT hereby agrees to deliver complete and permitted design documents for RFQ # ___________________________, more particularly located at _____________________ ("Property") as outlined in Exhibit “___.” Consultant further agrees to perform all other professional services deemed necessary for the satisfactory engineering/design and completion of the project, as more particularly described in, and in accordance with the specifications attached hereto and made a part hereof as Exhibit "A," CONSULTANT's response thereto, attached hereto and made a part hereof as Exhibit "B," and the final scope of work and fee proposal proposed by CONSULTANT attached hereto and made a part hereof as Exhibit “C.” CONSULTANT agrees to perform all services required pursuant to this Agreement, the Sealed Proposal Package, Addenda to this Agreement, and Commission award complete with the proposal form. 2.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, and all services performed under this Agreement shall be performed in a professional manner. 2.3 CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONSULTANT, that CONSULTANT has the professional expertise, experience, and manpower to perform the services to be provided by CONSULTANT pursuant to the terms of this Agreement. 2.4 CONSULTANT assumes professional and technical responsibility for the performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONSULTANT thereof in writing, CONSULTANT agrees to re-perform such deficient services without charge to the CITY. 582 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-55 2.5 CONSULTANT shall schedule regular meetings with the CITY’s representatives at least once a month to discuss the progress of the services required to deliver complete and permitted design documents for the design services, as more specifically described in Exhibit “A” and Exhibit “C”. 2.6 The relationship between CITY and CONSULTANT created hereunder and the services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other Consultants to perform the same or similar services performed by CONSULTANT hereunder, so long as no other consultant shall be engaged to perform the specific project assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the City of BOYNTON BEACH, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY’s interests in the services provided by CONSULTANT hereunder. 2.7 CONSULTANT shall not utilize the services of any sub-consultant without the prior written approval of CITY. CONSULTANT shall comply with the applicable provisions of the City of BOYNTON BEACH Code of Ordinances and shall require that all sub-consultants comply with the applicable provisions of the City of BOYNTON BEACH Code of Ordinances. ARTICLE 3 - TIME FOR PERFORMANCE AND TERMINATION 3.1 CONSULTANT shall perform the design and engineering services tasks 1 through 8 more particularly described in Exhibit “C” within _____________________ (XXX) CALENDAR DAYS upon the issuance of the notice to proceed. 3.2 Upon competition and design and engineering provided by consultant pursuant to the terms herein, the City shall procure the construction and engineering of this building and ___________ through an invitation to bid (ITB) design-bid-build. 3.3 Minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute non-performance by CONSULTANT. The CITY shall define the time for performance and authorize the commencement of later phases in writing which may be memorialized by work orders or written amendments hereto. 3.4 Financial Consequences for Nonperformance: The City reserves the right to withhold payment when the Consultant has failed to perform/comply with the provisions of this agreement. For each task deliverable not received by the City at one hundred percent (100%) completion and by the specified due date listed in the Grant Funding Agreement’s most recent Project Timeline as the City will reduce the relevant Task compensation Amount(s) paid to the Consultant in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the City in a timely manner. 3.5 Time is of the essence for this Agreement. In the event, the CONTRACTOR shall fail to timely commence the services herein required following the Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in this Agreement after d ue allowance for any extension or extensions of time, the CITY may immediately terminate this Agreement as set forth below. 3.6 Post Contractual Obligations. In the event that the term of this agreement expires, the CONSULTANT agrees to continue providing services, at the current rates, on a month-to-month basis until the CITY establishes a new contract or amendment for services. 583 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-56 3.7 All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. 3.8 Termination for Convenience. This Agreement may be terminated by the CITY for convenience upon providing thirty (30) business days of written notice to the CONSULTANT, in which event CONSULTANT shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. 3.9 Default by CONSULTANT. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. If the City fails to comply with any covenant or obligation imposed by this Agreement, t hen Consultant may furnish written notice to the City identifying the breach and applicable provisions of this Agreement violated. If the City fails to cure the breach within thirty (30) days, Consultant may then terminate this Agreement without further written notice to the City. 3.10 In the event of termination for cause or convenience, all finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONSULTANT shall become the property of CITY and shall be delivered by CONSULTANT to CITY immediately. ARTICLE 4 - PROFESSIONAL SERVICES FEE & EXPENSES 4.1 Compensation. The CITY shall pay compensation to CONSULTANT pursuant to this Agreement for the scope of work and fee proposal particularly described in Exhibit “C” in an amount of _________________________ DOLLARS ($XXX,XXX), which was deemed fair, competitive, and reasonable, for the design and construction management services of ________________, plus an allowance of _________________________ DOLLARS ($XXX,XXX) for permit fees and additional tasks that may be authorized by the City Manager in the City Manager’s sole discretion, for a total amount of _______________________ DOLLARS ($XXX,XXX). The compensation may be adjusted, if necessary, by a written amendment, duly approved and executed by CONSULTANT and City, provided the City’s budget includes, or is adjusted to include, the entire Fee. 4.2 Fee Schedule. A detailed Fee Schedule, tied to the deliverables shall be attached as Exhibit B. The Fee Schedule shall detail the hourly rates, number of hours and a payment schedule that shall not be front-loaded. 4.2.1 Rates. CONSULTANT’s hourly rates for every position or level of profession or staff for whom time will be invoiced under this Agreement shall be included in the Fee Schedule attached as Exhibit B and incorporated into this Agreement. All such rates shall be effective for the term of this Agreement. The fixed hourly costs for all positions will be applicable to both in-house professional engineering services and professional engineering services at the CONSULTANT firm’s place of business. 4.2.2 Expenses. The Fee Schedule shall include all administrative out -of-pocket expenses to be reimbursed under this Agreement. 4.2.3 Supporting Documents. CONSULTANT shall maintain complete and orderly documentation underlying all of its invoiced out of pocket expenses, including copies of paid receipts, invoices, or other documentation acceptable to the City. Such documentation shall be sufficient to establish that the expenses were actually incurred and necessary in the performance of the Professional Services. 4.2.4 Mark-Up. Any out-of-pocket costs shall not be marked up more than three percent (3%). 3.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost of which are subject to the City’s prior written approval, shall be paid in accordance with the 584 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-57 rates and conditions established by the City’s Travel Policy, a copy of which has been provided to CONSULTANT, or the applicable law or ordinance. 3.3 Subcontracts. CONSULTANT may invoice for Professional Services related to the sub-contractual services at the established hourly rates in the Fee Schedule. 4.1 The CITY agrees to compensate CONSULTANT for all services and tasks performed in accordance with this Agreement pursuant to the rates more particularly described in Exhibit “C”, attached hereto and by this reference made a part hereof. 4.2 CONSULTANT shall be entitled to invoice CITY on a monthly basis for services performed. The invoice shall include information such as, but not be limited to, the date of service, staff classification, the amount of time spent, a description of the service, and any other information reasonably required by CITY. 4.3 CITY will make its best efforts to pay CONSULTANT within thirty (30) days of receipt of proper invoice the total shown to be due on such invoice. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Payment will be made to CONSULTANT at: 4.4 Truth-In-Negotiation Certificate. Signature of this Agreement by CONSULTANT shall act as the execution of a Truth-in-Negotiation Certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums, by which the CITY determines that contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. 4.5 Contingency or Allowance. Any contingency or allowance amount provided for by the CITY authorizes the CITY to execute change orders up to the amount of the contingency or allowance without the need to obtain additional Commission approval. In addition, CITY shall utilize the con tingency or allowance to reimburse CONSULTANT for the related permit, license, impact or inspection fees. Payments will be made to CONSULTANT based on the actual cost of permits upon submission of paid permit receipts. It is hereby understood and agreed that the CONSULTANT shall not expend any dollars in connection with the contingency or allowance without the expressed prior written approval of the CITY’s authorized representative. Any contingency or allowance funds that have not b een utilized at the end of the project will remain with the CITY, the CONSULTANT shall only be paid for the proposed project cost as approved by the City Commission along with any contingency or allowance expenses that were approved by the CITY’s authorized representative. If the permit fees exceed the contingency or allowance CITY will reimburse the CONSULTANT the actual amount of the permit fees required for project completion. ARTICLE 5 - CHANGES TO SCOPE AND ADDITIONAL SERVICES 5.1 CITY or CONSULTANT may from time to time request changes that would increase, decrease, or otherwise modify the scope of services, as described in Exhibit “C”, to be provided under this Agreement subject to the requirements set forth in §287.055, Florida Statutes. Such changes or additional work must be in accordance with the provisions of the CITY’s Code of Ordinances, and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 5.2 CONSULTANT shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while a seeking change order which have not been described herei n or in a separate written amendment or 585 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-58 change order shall be performed at the CONSULTANT’S own risk. In no event will the CONSULTANT be compensated for any services which have not been described either herein or in a separate written amendment or change order. ARTICLE 6 - INDEMNIFICATION 6.1 The Consultant shall indemnify and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.. The CONSULTANT shall pay all claims and losses in connection therewith and shall investigate a nd 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. 6.2 CONSULTANT agrees that the covenants and representations relating to indemnification shall survive the term of this Agreement and continue in full force and effect as to the Party's responsibility to indemnify. 6.3 Nothing contained here is intended nor shall be construed to waive CITY’s rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. ARTICLE 7 – INSURANCE 7.1 The CONSULTANT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONSULTANT shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents, and instrumentalities as herein provided. 7.2 CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the CONSULTANT allow any sub-consultant to commence work on any subcontract until all similar such insurance required of the sub-consultant has been obtained and similarly approved. a. During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY’s Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florid a. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: i. Worker’s Compensation Insurance: The CONSULTANT 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 CONSULTANT 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 10, “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. CONSULTANT 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 CONSULTANT shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The CONSULTANT 586 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-59 shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operati ons be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. iv. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT 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 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. Right to Revise or Reject: City reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies that fail to meet the criteria stated herein. Additionally, City reserves the rig ht, but not the obligation, to review and reject any insurer providing coverage due of its poor financial condition or failure to operating legally. ARTICLE 8 - NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Agreement, neither the CONSULTANT nor any sub- consultants shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. CONSULTANT will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. CONSULTANT further agrees that CONSULTANT will ensure that sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 9 - INDEPENDENT CONSULTANT This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONSULTANT is an independent Consultant under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONSULTANT shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONSULTANT's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONSULTANT, which policies of CONSULTANT shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of CONSULTANT's funds provided for herein. The CONSULTANT agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize the standard of care to perform the 587 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-60 work. This Agreement shall not be construed as creating any joint employment relationship between the CONSULTANT and the CITY and the CITY will not be liable for any obligation incurred by CONSULTANT, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 10 - AGREEMENT SUBJECT TO FUNDING 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 based on lack of funding. ARTICLE 11 - UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT 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 nonperforming Party. It includes, b ut is not limited to: fire, flood, earthquakes, storms, lightning, epidemic, pandemic, acts of God, war, riot, civil disturbance, sabotage, and governmental actions. Neither Party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming Party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming 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. ARTICLE 12 - GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The venue for any and all claims or actions arising out of or related to this Agreement shall be in Broward County, Florida. ARTICLE 13 - SIGNATORY AUTHORITY CONSULTANT shall provide CITY with copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement. ARTICLE 14 - DEFAULT OF CONTRACT & REMEDIES 14.1 Damages. CITY reserves the right to recover any ascertainable actual damages incurred as a result of the failure of CONSULTANT to perform in accordance with the requirements of this Agreement, or for losses sustained by CITY resultant from CONSULTANT's failure to perform in accordance with the requirements of this Agreement. 14.2 Correction of Services. If, in the judgment of CITY, the services provided by CONSULTANT do not conform to the requirements of this Agreement, or if the services exhibit poor workmanship, CITY reserves the right to require that CONSULTANT correct all deficiencies in the services to bring the services 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 services. 14.3 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONSULTANT for which CITY may terminate for cause: 14.3.1 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 Manager or individual relative thereto. 588 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-61 14.3.2 The failure by CONSULTANT to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONSULTANT, where such failure shall continue for a period of thirty (30) days after written notice thereof by CITY to CONSULTANT; provided, however, that if the nature of CONSULTANT 's default is such that more than thirty (30) days are reasonably required for its cure, then CONSULTANT shall not be deemed to be in default if CONSULTANT commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 14.3.3 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONSULTANT or any other Party in a manner not expressly permitted hereunder. 14.3.4 The making by CONSULTANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONSULTANT of a petition to have CONSULTANT 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 CONSULTANT, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONSULTANT's assets, or for CON SULTANT's interest in this Agreement, where possession is not restored to CONSULTANT within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONSULTANT's assets, or for CONSULTANT's interest in this Agreement, where such seizure is not discharged within thirty (30) days. ARTICLE 15 – BANKRUPTCY It is agreed that if CONSULTANT is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed. ARTICLES 16 - DISPUTE RESOLUTION In the event that a dispute, if any, arises between CITY and CONSULTANT relating to this Agreement, performance or compensation hereunder, CONSULTANT shall continue to render service in full compliance with all terms and conditions of this Agreement as int erpreted by CITY regardless of such dispute. CONSULTANT expressly agrees, in consideration for the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court, but will negotiate with CITY for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute, may present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by it or by CITY. ARTICLE 17 - PUBLIC RECORDS 17.1 The City of BOYNTON BEACH is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida’s Public Records Law. Specifically, the CONSULTANT shall: 17.1.1 Keep and maintain public records required by the CITY to perform the service; 17.1.2 Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 17.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, CONSULTANT shall destroy all copies of such confidential and exempt records remaining in its possession after the CONSULTANT transfers the records in its possession to the CITY; and 589 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-62 17.1.4 Upon completion of the Agreement, CONSULTANT shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT’s possession. All records stored electronically by the CONSULTANT 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. 17.2 The failure of CONSULTANT to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement, for which, the CITY may terminate the Agreement in accordance with the terms herein. 17.3 The CONSULTANT shall provide the right of access to all records for the CITY and Federal Grant Agency and keep all records pertaining to this project for SIX (6) years after the CITY has closed out the grant award. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CityClerk@bbfl.us ARTICLE 18 - SCRUTINIZED COMPANIES 18.1 CONSULTANT, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local gov ernmental entity for goods or services of: 18.1.1 Any amount if, at the time bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a b oycott of Israel; or 18.1.2 One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 18.1.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or 18.1.2.2 Is engaged in business operations in Syria. ARTICLE 19 - EMPLOYMENT ELIGIBILITY 19.1 E-Verify. CONSULTANT certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 19.1.1 Definitions for this Section. 19.1.1.1 “Contractor” means a person or entity that has entered or is attempting 590 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-63 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. 19.1.1.2 “Contractor” includes, but is not limited to, a vendor or consultant. 19.1.1.3 “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. 19.1.1.4 “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. 19.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utiliz e the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: 19.2.1 All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and 19.2.2 All persons (including subvendors/subconsultants/subcontractors) 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 19.2.3 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. ARTICLE 20 – MISCELLANEOUS 20.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. CITY hereby agrees to use CONSULTANT’s work product for its intended purposes. 20.2 Legal Representation. It is acknowledged that each Party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the Party preparing same shall not a pply herein due to the joint contributions of both Parties. 20.3 Records. CONSULTANT shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for w hich CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of SIX (6) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. All records shall be maintained and available for disclosure, as appropriate, in accordance with Chapter 119, Florida Statutes. 20.4 Assignments; Amendments. This Agreement, and any interests herein, shall not be assigned, 591 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-64 transferred or otherwise encumbered, under any circumstances, by CONSULTANT without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONSULTANT shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the benefit of CITY and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 20.5 No Contingent Fees. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 20.6 Notice. Whenever any Party desires to give notice unto any other Party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, CONSULTANT and CITY designate the following as the respect ive places for giving of notice: CITY: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 CONSULTANT: _________________________. _________________________. _________________________. _________________________. _________________________. 20.7 Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all p rovisions contained in this Agreement. 20.8 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 20.9 Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 20.10 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 20.11 Extent of Agreement; Conflicts. This Agreement represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of any conflict or ambiguity by and 592 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-65 between this Agreement, Exhibit “A”, Exhibit “B”, and Exhibit “C”, this Agreement shall govern and prevail, followed by Exhibit “C”, Exhibit “A”, and Exhibit “B”. 20.12 Attorneys’ Fees. 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. 20.13 Counterparts and Execution. 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 Partie s 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. 20.14 No Third Party Beneficiaries. The services to be performed by the CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the CONSULTANT's performance of its services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third Party as a result of this Agreement or the performance of the CONSULTANT's services hereunder. 20.15 Design Professional. A DESIGN PROFESSIONAL WHO IS AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE OCURING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT, PURSUANT TO §558.0035, FLORIDA STATUTES, AS MAY BE AMENDED FROM TIME TO TIME. 20.16 STATE OF FLORIDA DEO - CDBG-MIT GRANT REQUIREMENTS By execution of this Agreement, CONSULTANT certifies that CONSULTANT has familiarized themselves with all regulations and requirements of 2 C. F.R. part 200 – Uniform Administrative Requirements and Audit Requirements for Federal Awards, Appendix 1 1 to Part 200, included herein as Exhibit B along with all applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this grant, as referenced in the Bid document. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 83, No. 28/Friday, February 9, 201 8/Notices and Vol. 83 , No. 1 57/Tuesday, August 1 4, 201 8/Notices in order to submit a bid for this project. 20.17 CONSULTANT CERTIFIES THAT THE FOLLOWING DOES NOT APPLY TO THEIR FIRM: Pursuant to Section 287. 1 33(2)(a), F .S., a person or affiliate, as defined in Section 287. 1 33(1 ) , F. S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a CONSULTANT supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any pub lie entity in excess of thirty-five thousand dollars ($35, 000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. 593 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-66 By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. • Pursuant to Section 287 . 1 34(2)(a), F . S. , an entity or affiliate, as defined in Section 287. 1 34(1 ) , who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a CONSULTANT, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. ARTICLE 21 – FEDERAL REQUIREMENTS Notwithstanding anything to the contrary set forth herein, CONSULTANT shall comply with the applicable federal required standard provisions, as set forth in 2 C.F.R. Sec. 200.326 and 2 C.F.R. Part 200. In the event of any conflicts, the provisions of 2 C.F.R. Sec. 200.326 and 2 C.F.R. Part 200 shall prevail. Any reference made to CONSULTANT in this section shall also apply to any subcontractor under the terms of this Contract. The prime CONSULTANT shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with all of these contract clauses: In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 21.1 Equal Employment Opportunity -. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CF R 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 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 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ During the performance of this contract, CONSULTANT agrees as follows: 21.1.1 CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruit ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 21.1.2 CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 21.1.3 CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee 594 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-67 or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other emp loyees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONSULTANT's legal duty to furnish information. 21.1.4 CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONSULTANT's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 21.1.5 CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 21.1.6 CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 21.1.7 In the event of CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 21.1.8 CONSULTANT will include the provisions of paragraphs (21.1.1 through (21.1.7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcont ractor or vendor. CONSULTANT will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 21.2 Davis-Bacon Act. (D) 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 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors mu st 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 subcontra ct 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. CONSULTANT shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, CONSULTANT 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 595 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-68 Secretary of Labor. In addition, CONSULTANT must be required to pay wages not less than once a week. 21.3 Copeland “Anti-Kickback” Act. (E) 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 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work F inanced 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. CONSULTANT shall comply with the Copeland “Anti-Kickback” Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). CONSULTANT 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. City must report all suspected or reported violations to the Federal awarding agency. 21.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). (F) 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 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) CONSULTANT 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. 22.4.1 Overtime requirements. No CONSULTANT or subconsultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 22.4.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in this section, paragraph (i), the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated 596 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-69 damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (i) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (i) of this section. 22.4.3 Withholding for unpaid wages and liquidated damages. City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime CONSULTANT, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii) of this section. 22.4.4 Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (22.4.1) through (24.4.4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (22.4.4) through (22.4.4) of this section. 21.5 CONSULTANT agrees 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). City will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 22.5.1 Clean Air Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONSULTANT agrees to report each violation to City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 22.5.2 Federal Water Pollution Control Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONSULTANT agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 21.6 Suspension and Debarment. (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the CONSULTANT’s agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are 597 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-70 excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact rel ied upon by City. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 21.7 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. CONSULTANT shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 21.8 Compliance with State Energy Policy and Conservation Act. CONSULTANT shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21.9 Procurement of Recovered Materials. The City and CONSULTANT must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 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. 21.10 Reporting. Pursuant to 44 CFR 13.36(i)(7), CONSULTANT shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the Florida Commerce and HUD Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide Florida Commerce and HUD Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 21.11 No Obligation by the Federal Government. 598 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-71 21.11.1 Absent the express written consent by the Federal Government, the Federal Government is not a party to the Agreement and shall not be subject to any obligations or liabilities to the City, CONSULTANT, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Agreement. 21.11.2 CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 21.12 Compliance with Federal Law, Regulations, and Executive Orders . This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. CONSULTANT will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 21.13 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to CONSULTANT’s actions pertaining to this Agreement. 21.14 Rights to Inventions. (G) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprof it organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. CONSULTANT agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 21.15 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in Florida Commerce and HUD Policy 405-143-1, Prohibitions on Expending Florida Commerce and HUD Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. 21.16.1 Prohibitions. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. Unless an exception described below applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: 21.16.1 (Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 21.16.2 Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 21.16.3 Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential 599 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-72 component of any system, or as critical technology as part of any system; or 21.16.4 Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as cr itical technology as part of any system. 22.16.2 Exceptions. 22.16.2.1 This clause does not prohibit CONSULTANT from providing: (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 22.16.2.2 By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 22.16.3 Reporting Requirement. In the event CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the CONSULTANT is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the following information to City: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information to City CONSULTANT shall report: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The CONSULTANT shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 21.16 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from t he initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 21.17 Affirmative Socioeconomic Steps. If subcontracts are to be let, CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses. a. Placing qualified small and minority businesses and women's business enterprises on 600 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-73 solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 21.18 Upon request the, un-certified MWBE entity will be referred to the SBA, DMS, and/or Minority Business Development Agency for certification by the CITY. 21.19 License and Delivery of Works Subject to Copyright and Data Rights . If applicable, the CONSULTANT grants to City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, CONSULTANT will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, CONSULTANT will deliver to the CONSULTANT data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONSULTANT. 21.22 § 200.323 Procurement of recovered materials. 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 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 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. 21.23§ 200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) ‘‘Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 601 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-74 21.24 § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115–232, section 889 for additional information. (d) See also § 200.471. 22.0 Section 3 of the Housing and Urban Development Act of 1968 This regulation must be followed when projects assisted with housing and community development financial assistance exceed $200,000 for the following construction activities: housing rehabilitation, housing construction, and other public construction (e.g., public facilities and improvements) projects assisted with housing and community development financial assistance. 22.1 Section 3 of the Housing and Urban Development Act of 1968 The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent. a. Low-Income Person Definition A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or a very low-income person, as this term is defined in 602 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-75 Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the ar ea, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such va riations are necessary because of unusually high or low family incomes. b. Compliance Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing Federal, state and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the following “Section 3 clause” in every “Section 3 - covered contract”: i. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. iii. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. v. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 75. vi. Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education 603 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-76 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given to Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c.. c. Section 3 Benchmarks and Reporting i. Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers. ii. Reporting. If the subrecipient’s reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR § 75.23, pursuant to 24 CFR § 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting purposes. 23.0 24 CFR 570.609 Use of debarred, suspended or ineligible contractors or subrecipients. The requirements set forth in 24 CFR part 5 apply to this contract. SIGNATURE PAGE FOLLOWS 604 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-77 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Daniel Dugger, City Manager (Authorized Official Name), (CONSULTANT) __________________________________ Print Name of Authorized Official __________________________________ Title (Corporate Seal) Attest/Authenticated: _______________________________ Witness _______________________________ Print Name Approved as to Form: ________________________________ Shawna G. Lamb, Office of the City Attorney Attest/Authenticated: _______________________________ Maylee De Jesus, City Clerk 605 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-78 CORPORATE ACKNOWLEDGEMENT STATE OF _________________) COUNTY OF _________________) The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this _____________day of _______, 20__, by __________________., on behalf of ________________________. a Florida Corporation. He/she is personally known to me or has produced ____________ as identification. ________________________________________ NOTARY PUBLIC _________________________________________ (Name of Notary Typed, Printed or Stamped) ___________________________________ Title or Rank ___________________________ Serial number, if any 606 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-79 EXHIBIT A TASK ORDER TEMPLATE CITY OF BOYNTON BEACH __________ Services Task Order Task Order No. _____ Consultant: _______________________ Contract No. _____________ 1. Task/Project Phase. _____________(Insert title and brief description)_______________________________ 2. Detailed Scope of Professional Services. A detailed scope of services under this Task Order, in accordance with the phases of service detailed in the Agreement, is attached as Exhibit ____. 3. Deliverables and Schedule. Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit ____. 4. Compensation. The total Fee to be paid to Consultant under this Task Order shall not exceed _______________________, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit ______. The payment schedule (based on deliverables) is attached as Exhibit ______. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the ______________________ Agreement, dated ________________________, 20____, by and between the City of Boynton Beach and __________________ (“Consultant”), Contract No. _____. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8. Notice to Proceed. ☐ If checked, Consultant’s receipt of a fully-executed copy of this Task Order shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. ☐ If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Notice to Proceed. 607 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-80 CONSULTANT: CITY OF BOYNTON BEACH By: ________________________________ By: _________________________________ Daniel Dugger, City Manager Print Name: ________________________ Date: _______________________, 20___ Date: _______________________, 20___ Attest: _____________________________ City Clerk City Attorney’s Office Approved as to form and legality By: __________________ 608 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED A-81 EXHIBIT B FEE SCHEDULE 609 INSURANCE ADVISORY IA-1 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 CONSULTANT.) 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 CONSULTANTs 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 Umbrella Form Each Occurrence Aggregate to be determined 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 610 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging Contaminants Removal – Engineering Services (Grant/Loan Funded) ATTACHMENTS 611 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging Contaminants Removal – Engineering Services (Grant/Loan Funded) ATTACHMENT “A” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall comple te performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Task Order/Work Order and at the time of Task Order/Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issue s so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what act ion needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11 ) for all evaluations completed for the entire term of the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current perfor mance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Consultant Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1 -8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach 1 2 3 4 5 2. Staff Capability 1 2 3 4 5 3. Staff Effectiveness 1 2 3 4 5 4. Flexibility in Meeting City’s Goals 1 2 3 4 5 5. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 6. Report and Drawings Quality 1 2 3 4 5 7. Quality of Work Completed 1 2 3 4 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score (Total row 9.) 11. Average Rating Score (Divide line 10 by the number 8.) 612 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 1 A-1 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additiona l comments regarding Sub- consultant, sub-contractor utilization on Line 20. Additional space is available on Line 22 if needed. 1. Current tasks completed and/or deliverables received? If no, reason: Yes No 2. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 3. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 4. Contractor strengths: 5. Contractor weaknesses: 6. Specific problems incurred: 7. How may these have been prevented? 8. Additional comments/recommendations: 9. Comments on sub-contractor utilization: 10. Currently recommend firm for future contracts, task orders, and/or work orders of this type? If “No” or “Possibly”, an explanation must be provided in Line 22 below. Yes Project Manager (sign) Date Section Administrator (sign) No Possibly 11. Please indicate any additional comments corresponding to Performance Indicators (Lines 1 -8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) 613 RFQ PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - GRANT FUNDED 2 A-2 614 RFQ PWE25-009 Chapel Hill Drainage Improvement Project Insurance Advisory – Attachment A ATTACHMENT “A” City of Boynton Beach Risk Management 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 Consultant) 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 CONSULTANTs 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 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other - As Risk Identified to be determined Revised 04/2021 Excess Liability Umbrella Form Each Occurrence Aggregate to be determined 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 $ 1,000,000.00 615 RFQ PWE25-009 Chapel Hill Drainage Improvement Project Performance Evaluation Form – Attachment A ATTACHMENT “B” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manage r shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issue s so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complet e this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under t he circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11 ) for all evaluations completed for the entire term of the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current perfor mance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Consultant Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1 -8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 12. Planning & Approach 1 2 3 4 5 13. Staff Capability 1 2 3 4 5 14. Staff Effectiveness 1 2 3 4 5 15. Flexibility in Meeting City’s Goals 1 2 3 4 5 16. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 17. Report and Drawings Quality 1 2 3 4 5 18. Quality of Work Completed 1 2 3 4 5 19. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 20. Individual Column Rating (Total lines 1-8.) 21. Total Rating Score (Total row 9.) 22. Average Rating Score (Divide line 10 by the number 8.) 616 RFQ PWE25-009 Chapel Hill Drainage Improvement Project Performance Evaluation Form – Attachment A In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub - consultant/sub-Consultant utilization on Line 20. Additional space is available on Line 22 if needed. 1. Current tasks completed and/or deliverables received? If no, reason: Yes No 2. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 3. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 4. Consultant strengths: 5. Consultant weaknesses: 6. Specific problems incurred: 7. How may these have been prevented? 8. Additional comments/recommendations: 9. Comments on sub-Consultant utilization: 10. Currently recommend firm for future contracts, task orders, and/or work orders of this type? If “No” or “Possibly”, an explan ation must be provided in Line 22 below. Yes Project Manager (sign) Date Department Administrator (sign) Date No Possibly 11. Please indicate any additional comments corresponding to Performance Indicators (Lines 1 -8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT REVIEW/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date 617 PWE25-009 - ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES – SAN CASTLE - CDBG-MIT GRANT FUNDED Opening Date: January 30, 2025 5:00 PM Closing Date: May 22, 2025 3:00 PM Vendor Details Company Name:Wade Trim, Inc. Does your company conduct business under any other name? If yes, please state: No Address: 201 N. Franklin St., Suite 1350 Tampa, Florida 33602 Contact:Carolina Pachano Email:cpachano@wadetrim.com Phone:813-678-2635 HST#:59-2417170 Submission Details Created On:Wednesday April 30, 2025 14:19:30 Submitted On:Thursday May 22, 2025 14:50:02 Submitted By:Carolina Pachano Email:cpachano@wadetrim.com Transaction #:71c130ce-fdd4-4ce5-af64-031432ffdd9a Submitter's IP Address:147.243.243.101 Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.1 618 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 RFQ responses We will not be submitting for Confirmation of Minority Owned Business Description Response *Comments Is your company a Minority Owned business? * Please select the appropriate response * Do you possess a certification qualifying your business as a Minority Owned business? * Issuing organization name * Date of Issuance * 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 Qualifications of Project Team Describe the qualifications of your firms project team. Line Item Description Response * 1 Team’s Qualifications (Graphics, Exhibits, and Tables referenced in this document can be found in the uploaded PDF) The City of Boynton Beach is seeking a qualified engineering consulting firm to provide engineering design and environmental review services for the San Castle Neighborhood Project. The project involves upgrading drainage, utilities, and roadway improvements for the San Castle neighborhood, which is located in the area north of NE 26th Avenue, West of Grove Road/Orchid Road, South of Mentone Road, and East of N. Seacrest Boulevard. Wade Trim is pleased to partner with the City in transforming the San Castle Neighborhood into a resilient and thriving community. We understand the regular inconvenience to the neighborhood, particularly to vehicular and pedestrian mobility, from high tide or heavy rain events, and our team is prepared to address these challenges. Introduction to the Team At Wade Trim, we are committed to maximizing the value of your infrastructure investment. For nearly a century, we’ve been solving complex engineering challenges to create stronger communities. Our firm is a nationally recognized, multidisciplinary engineering consulting firm specializing in stormwater management, conveyance and pumping, and pipeline design. All of the firms on our team share a common service philosophy, striving to support the City of Boynton Beach in its resiliency goals. This philosophy enables seamless teamwork necessary for the protection of property and infrastructure throughout the San Castle neighborhood. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.2 619 Wade Trim has partnered with BCC Engineering (BCC) to bolster our capabilities in roadway design, stormwater drainage, and hydraulic modeling. BCC Engineering is a multidisciplinary engineering firm with a proven track record of delivering innovative, resilient, and community-focused infrastructure solutions across Florida. With over 31 years of experience, BCC has relevant experience in roadway design, drainage system upgrades, and water and sewer utility improvements. Their team has successfully led neighborhood revitalization initiatives for municipal clients across South Florida. With extensive experience in flood protection, sea-level rise, and water quality issues, the Wade Trim/BCC Team is well-prepared to design resilient and environmentally responsible systems that meet the City’s challenges head-on. Assigning the right team members on the project is an important early step in any project. The Wade Trim/BCC Team is positioned with local subconsultants to be a reliable and responsive consultant while delivering on the City of Boynton Beach’s project. Our approach is based on the belief that we will function as an extension of the City’s staff. Wade Trim will serve as the prime lead on this project with BCC Engineering as a key teaming partner. We have also engaged nine subconsultants to create a diverse team that will ensure the City receives all the necessary services for a successful project delivery. Exhibit 2 on the next page outlines the individual strengths of our team members as well as our collective strengths as a group. History Working Together Wade Trim and BCC have recently partnered on the City of Hollywood contract to provide construction engineering and inspection services. Additionally, Victor Herrera with BCC used to be a Wade Trim employee and worked with our team on the City of Miami Beach Palm & Hibiscus Island Neighborhood Improvements and Sunset Harbor Neighborhood Improvements projects. Several of our key team members have previously worked at BCC, collaborating closely with BCC’s Victor Herrera and other BCC staff members on multiple projects. This personal work history brings an elevated level of respect and understanding on how to work together. Our shared history of collaboration will contribute to the success of this project. Firm Qualifications The Wade Trim/BCC Team possesses exceptional qualifications in stormwater pumping and conveyance, stormwater management, roadway design, water and wastewater pipeline design, climate resiliency, and more. The following is a summary of our Team’s qualifications in these areas. Stormwater Pumping and Conveyance Wastewater and stormwater conveyance has been a cornerstone of our practice for nearly a century. From our early days designing community wastewater and water infrastructure, we’ve evolved to handle lift/pump stations with capacities up to 1 billion gallons per day. As our projects have grown in size and complexity, so too has our technical expertise. We begin by thoroughly understanding your needs and drivers to ensure we deliver the most effective solution. The following are a few key projects we have worked on similar in scope: City of Miami Beach Stormwater Palm and Hibiscus Neighborhood Improvements Project. The stormwater drainage system in the Palm and Hibiscus project required designing and installing three new pump stations with outfalls to Biscayne Bay ranging from 40,000 to 60,000 GPM. City of Miami Beach Sunset Harbour Island Neighborhood Improvement Project. In the award-winning Sunset Harbour project, a new, pre-cast concrete pump station was designed to the new standards. This was the first project in the City to combat sea level rise by raising the neighborhood infrastructure. City of St. Petersburg Lift Station 87 Wet Weather Flow Transfer Project. We delivered the City’s first progressive award-winning design-build project to help the City resolve the challenge of balancing wet weather flows between the City’s southwest and northwest facilities during wet weather events. The project entailed designing and constructing a new 3.5 MGD lift station, three miles of 16” force main, and modifications to an existing lift station to connect the new force main. Utility Pipelines Wade Trim has one of the largest Florida-based pipeline design teams in the area and continuously delivers small and large diameter pipeline projects for municipal clients. From septic to sewer or neighborhood improvements, our team has a great grasp at understanding project corridors and performing multi-utility designs in shared spaces. Our staff also has extensive knowledge in AC pipe replacements via open-cut and pipe bursting. Our projects are our proof of what our team can accomplish. Wade Trim has delivered numerous pipelines in recent times across Florida including: • Miami-Dade Water and Sewer Dept. (WASD) (Donut Hole).: 21,385 LF of 8-inch, 11,486 LF of 12-inch, and 1,900 LF of 6-inch ductile iron water main and fittings • FGUA (American Beach): 18,480 LF of 2- to 6-inch water mains and fire flow, 16,312 LF of 8-inch gravity sewer, 2,186 LF of 4-inch force main, and two new wastewater pumping stations • Tampa Bay Water (Southern Hillsborough County Expansion): 15 miles of 60-inch water transmission main • Miami-Dade WASD (FM Rehabilitation): 3 miles of 72-inch force main • Peace River Manasota Water Supply Authority (Phase 3C Regional Interconnect): 7 miles of 42-inch water transmission main • Florida Keys Aqueduct Authority (Islamorada): Design and CEI services for 5.5 miles water transmission main of 36-inch, with another 1.5 miles currently under design and CEI services for another 7 miles • City of Tampa (Harbour Island): 13,500 LF of 54-inch-diameter force main and Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.3 620 5,000 LF of 48-inch-diameter reclaimed water main for the Harbour Island project • City of Ft. Lauderdale (GT Lohmeyer): 4,000 LF of 60-inch effluent force main from the WWTP to the disposal injection wells Miami WASD Donut Hole Water Mains. Wade Trim replaced the existing water mains and loop closures in an unserved area in the City of Miami Gardens to improve system pressure and fire flow protection. City of Tampa Harbour Island Force Main Replacement Project. Wade Trim completed a route evaluation, design, and construction of 13,500 LF of 54-inch-diameter force main and 5,000 LF of 48-inch-diameter reclaimed water main. This was one of the longest drive microtunnels in Florida under the Garrison Channel for the City of Tampa. Ft. Lauderdale GT Lohmeyer WWTP Redundant Effluent Force Main Project. We are currently the lead designer responsible for the design and construction of the force main, line stops, relocation of third-party utilities, hydraulic and transient modeling, modification to 5 disposal injection wells, modifications to the effluent pump station manifold, bypass pumping and flow metering, electrical and instrumentations modifications, and replacement/design of stormwater facilities. Our team partners BCC also have extensive utility design and construction experience. They are currently delivering the very first Close Tolerance Pipe Slurrification (CTPS) project in the State of Florida for AC pipe elimination. City of Sunrise CTPS Project. BCC Engineering led the design and implementation of a trenchless pipeline replacement for the City of Sunrise, encompassing over 55,000 linear feet of water and force mains. This included the replacement of 38,500 linear feet of asbestos cement (A/C) pipe within a residential area. To minimize community disruption, BCC initially proposed pipe bursting as the trenchless method. However, Broward County’s Air Licensing & Permitting/Asbestos Program disallowed pipe bursting of A/C pipe based on updated USEPA guidance. In response, BCC identified and proposed an Alternative Work Practice (AWP) approved by the EPA: Close Tolerance Pipe Slurrification (CTPS). This method enables controlled removal of A/C pipe while minimizing the risk of asbestos exposure and environmental contamination. The CTPS process involves the creation of a sealed annular space using bentonite slurry to isolate asbestos-containing material (ACM), which is then safely removed at designated access and relief points. Stormwater Drainage Our teaming partner, BCC, also has a proven track record of delivering comprehensive stormwater management solutions for municipalities throughout South Florida. They understand the importance of planning, designing, constructing, and maintaining stormwater infrastructure that effectively addresses both current and future flooding challenges. Over the years, BCC has successfully developed all-encompassing Stormwater Master Plans (SWMPs) and executed resilient drainage improvement projects that mitigate climate-driven flooding issues. Their experience includes conducting complex drainage studies using hydrologic and hydraulic (H&H) models across Miami-Dade and Broward counties. For example, they have successfully completed the following projects: North Bay Village’s SWMP Project. BCC completed the first ever SWMP for the Village, in which they evaluated existing stormwater facilities and projected the impacts of sea level rise through 2060. The plan identified necessary improvements, prioritized them through a Capital Improvement Plan (CIP), and explored funding sources to reduce the financial burden on residents. City of Lauderhill Stormwater Management and Flood Protection Master Plan Project. BCC cataloged the City’s drainage system, modeled flooding scenarios, and established a long-term CIP to address flood protection deficiencies. Their approach emphasizes community involvement, policy development, sustainability, and innovative design solutions, ensuring that stormwater systems are cost-effective, adaptable, and tailored to meet the unique needs of each municipality. By integrating cutting-edge technology, such as 1D/2D modeling, and fostering public engagement, BCC continues to deliver stormwater solutions that enhance flood resilience and protect communities from future challenges. Roadway Design Our teaming partner, BCC, also has extensive experience in roadway design, having successfully completed numerous transportation projects throughout South Florida. With over $6 billion in transportation project delivery, BCC has contributed to improving regional infrastructure through the design and management of major roadway, bicycle, and pedestrian improvements. Their experience includes Local Agency Program (LAP) projects, such as: Miami-Dade County Department of Transportation and Public Works (DTPW) SW 137th Avenue. The project involved improvements to SW 268th Street, expanding it from a four-lane undivided section to a five-lane section with a two-way left turn lane from SW 142nd Avenue to SW 119th Avenue, and transitioning into a four-lane divided section with a median separator from SW 122nd Avenue to SW 112th Avenue. The scope included curb and gutter, sidewalks in developed areas, and bicycle lanes throughout the project limits. BCC Engineering was responsible for preparing design plans, drainage reports, lighting, signing and pavement markings, signals, and permitting. Miami-Dade County Department of Transportation (DTPW) SW 268/264 Street Connector Project. This project consists of new construction of a 3.2-mile segment of SW 137th Avenue which will be initially constructed as a four-lane divided facility between US 1 and SW 248th St and a two-lane undivided facility between SW 248th St and SW 200th St. This project includes roadway design, signalization (including the design of two new signalized intersections at SW 248th St. and SW 216th St.), drainage, traffic control, bridge design, signing and pavement markings, lighting, environmental, specifications and coordination with DERM and SFWMD. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.4 621 Construction Engineering Wade Trim provides construction engineering and inspection services for all public utilities for the continuing engineering client communities we serve. Our construction engineers, and inspection and testing technicians perform the full range of construction oversight including project management and record keeping; inspection, quality assurance materials sampling and testing; and construction staking, from the preconstruction stages through project acceptance. Trained inspectors and field engineers document compliance with community standards during construction and deal with issues and changes that occur in the field. Grants/Funding Funding is critical to every project. As community leaders struggle to stretch their local revenues to maintain services for their constituents, outside funding sources at the federal and state levels are being targeted to supplement capital budgets. Wade Trim helps municipalities and regional agencies secure project funding, such as grants and loans, to implement infrastructure projects. Our project managers and client representatives stay updated on funding opportunities, proposed and active legislation impacting federal and state funding, and application and milestone deadlines. Our staff members are also trained to identify conventional and unconventional funding sources and provide grant writing or persuasive communication support needed to develop successful applications. Exhibit 3 summarizes our funding/grant capabilities. Community Development Block Grant Wade Trim has provided CDBG services to communities for several decades, focusing on the development of action plans, developing approaches to program management, and assisting recipients create and implement compliance plans. Our assistance includes administering CDBG and CDBG-DR funded projects. Our FundingScout Team has also millions of funding dollars from regional, state, and federal agencies, which can provide added value to the City of Boynton Beach. Our firm’s experience includes providing general CDBG compliance consulting for numerous communities throughout Florida and the United States. Knowledge of HUD Requirements Because this is a CDBG-funded project, the City must maintain compliance with HUD requirements and complete regular reporting to the Florida Department of Commerce. Wade Trim has extensive experience working on HUD-funded infrastructure projects and assists dozens of communities in developing and implementing their CDBG programs. Our team can help the City address HUD requirements and serve as a technical resource throughout the contract. If requested, our team could provide full administration of the grant on behalf of the City. Housing and Community Development Act Wade Trim has experience working with communities to administer and assess compliance obligations under the Housing and community Development Act, specifically focused on CDBG programs. This includes working with clients to develop compliance plans and assigning roles and responsibilities to complete reporting, maintain documentation, and communication with grantor agency staff. Our team can work in tandem with City staff, supplement City staff, or act as designate for City staff to provide grant administration and reporting activities if needed. Adequacy of Personnel Wade Trim understands the importance of maintaining a consistent engineering team throughout the contract to ensure uninterrupted service. We are dedicated to providing the City with a stable, skilled, and diverse team equipped to handle any technical challenges. Our staff brings a wealth of experience in neighborhood improvements, having led and supported transformative projects that enhance infrastructure, resilience, and quality of life for communities. A staff spotlight featuring our Project Manager, Shari Ramirez, and Design Manager, David Mullen, is included on Pages 51 and 53, respectively. The organizational chart on Page 3 (in the SF 330) outlines our key staff and engineering team members, all of whom have a proven track record of successful collaboration on similar projects. Each team member is committed to their role, delivering seamless services to the City. Availability of Specialty Resources Our local team also benefits from access to Wade Trim’s national network of over 700 employees, allowing us to draw on specialized support as needed. Our teaming partner, BCC, will enhance our capabilities with a robust nationwide team of 388 staff members. Our organizational chart is structured to encompass all disciplines outlined in the scope of work. The following key personnel have been designated as Task Leads for this project: Andrew List, PE - Roadway Design Task Lead David Mullen, PE - Stormwater Pumping and Conveyance Task Lead Salome Montoya, PE - Utilities Pipeline Task Lead Jim Gunther, PE - Construction Engineering Task Lead Brief biographies of the task leads and key supporting personnel start on Page 54. Full resumes are provided in the SF 330 starting on Page 4. Experience The Wade Trim/BCC team brings specialized experience in roadway harmonization, stormwater conveyance and pumping systems and water/wastewater pipeline design to address current and future challenges related to flood protection, sea-level rise, and water quality. Table 1 on the next page summarizes our team’s experience in these areas. Past Record / Past Performance Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.5 622 Wade Trim values client input and strives to meet project schedules and provide productive solutions to schedule challenges. Just meeting schedules is not enough for us. We expect our clients to be satisfied not only with the completion date, but also the process we use to get there. Our client satisfaction survey efforts reach across our corporate client profile. Our clients have scored us 4.85 out of 5 points with respect to meeting project schedules and providing productive solutions to schedule challenges. This results in a 97% client satisfaction score—a testament to Wade Trim’s commitment to our clients. Staff Biographies Shari Ramirez, PE / Project Manager & Water Mains Lead - Shari is a Senior Engineer and Project Manager with 20 years of experience in design, permitting, bidding, grants management and administration, and construction administration of water, wastewater, and stormwater projects. She has been an engineer of record for multiple pipeline projects installed via traditional open-cut, pipe bursting, and horizontal directional drills. She is a certified Envision Sustainability Professional and Temporary Traffic Control Professional. David Mullen, PE / Design Manager - David brings 13 years of experience in design, permitting, and construction engineering for pipeline and stormwater projects. He acts as an effective liaison between owner, engineer, and contractor, making sure communication is strong and issues are addressed. David is also adept at working with regulatory agencies and reviewing design and construction for permit requirements. His south Florida clients include Miami Beach, Islamorada, Ft. Lauderdale, and Miami- Dade County. Tom Brzezinski, PE / Principal-in-Charge - Tom has 36 years of experience managing, designing, and constructing various sized municipal engineering projects. With a strong background in water/wastewater/stormwater utility projects, he is well versed in a magnitude of project types and understands what it takes to deliver projects successfully. His experience includes serving as Principal-in-Charge (PIC) delivering open work order type contracts. As the PIC for this project, Tom will work with the project manager to make sure staff resources are available, and assist in monitoring overall schedule and budget. Tom will also bring to the City a diverse background in distribution, collection, and treatment capabilities and familiarity with projects delivered in South Florida. Freddy Betancourt, PE / QA/QC and Technical Advisor - Freddy serves as our Water Resources Group National Pipeline Technical Lead where he focuses on growing our conveyance practice across the country while serving water and wastewater clients in Florida. He brings 25 years of experience in water transmission and distribution and wastewater collection with expertise in rehabilitation, design, trenchless technologies, and construction management. Working with Florida municipalities and utilities, Freddy has designed both small and large, complex pipeline projects for Tampa Bay Water; Cities of Tampa and St. Petersburg; Orlando Utilities Commission; Pinellas, Hillsborough, Sarasota, and Orange Counties; and the Florida Department of Transportation. Optimizing pipeline alignments, streamlining permitting processes, and minimizing construction impacts and surface restoration costs are integral to his project approach. Freddy’s experience with complex pipeline projects across the nation will be a great asset to the City’s vision with this project. Salome Montoya, PE / Utilities Pipeline Lead - Salome is a Civil Engineer with over 10 years of experience in design, and construction on multiple civil infrastructure projects. Her design experience includes pump station projects, installation of multiple large and small diameter water mains, and force mains design projects, including various pipeline installations through trenchless technologies such as micro tunneling, directional drilling, Jack and Bore, and slip lining. Salome has extensive experience with design of water mains, sanitary sewer force mains, and gravity sewer, specifically with local municipalities such as Miami-Dade County Water and Sewer Department (WASD); Islamorada, Village of Islands; and with the Florida Keys Aqueduct Authority. This experience will benefit the City by successfully completing utility replacements. Sam Graybill, PE / Conveyance Pipe Design - Sam has over 14 years of experience as a project engineer and project manager. She has completed the design and construction of improvements for water distribution mains, sanitary collection mains, supply wells, and facility assessments which require significant coordination with regulatory agencies and a thorough knowledge of permitting procedures. She is well versed in the process for obtaining permits for construction as well as working with clients to maintain permits for overall facility compliance. She is skilled in route studies, rehabilitation and replacement design. Victor Herrera, PE / QA/QC and Technical Advisor - Mr. Herrera is a senior vice president with over 21 years of combined experience in construction management and civil engineering design. As the Infrastructure Operations Manager, he oversees the firm’s staff and ensures the successful execution of projects by managing profitability, quality control, contract terms, and adherence to company policies. Victor’s expertise spans coastal design, land development, utility design, and program management, making him qualified to support the City of Miami Beach’s climate change adaptation efforts. Victor has extensive experience working with both public and private sectors, including complex urban infrastructure projects similar to those planned for Boynton Beach. His proven ability to deliver high-quality solutions within time and budget constraints make him a valuable asset in addressing the City’s unique challenges of low- lying topography, tidal influence, and aging infrastructure. As the City of Boynton Beach invests in critical neighborhood improvement projects— ranging from road and seawall elevations to robust drainage systems and infrastructure Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.6 623 modernization—Victor’s experience in managing large-scale projects ensures that these initiatives will be executed with precision and efficiency. His leadership in similar coastal communities, combined with his knowledge of resilient design and construction practices, positions him to contribute meaningfully to the City’s vision for sustainable and climate-adaptive infrastructure. Andrew List, PE / Roadway Design Lead - Mr. List is a Transportation Engineer with over 9 years of experience, bringing extensive expertise to projects that address the unique challenges faced by coastal, urban communities like the City of Boynton Beach. His work spans from local road resurfacing, restoration, and rehabilitation (RRR) projects to Limited Access facilities, with a proven track record of successful collaboration with agencies such as FDOT, Florida’s Turnpike Enterprise, and various local municipalities. Given the City of Boynton Beach’s commitment to climate change adaptation and infrastructure modernization, Mr. List’s expertise in roadway geometric design, signing and pavement marking, and temporary traffic control (TTC) is instrumental in addressing the City’s needs for elevated roads, robust drainage systems, and overall infrastructure improvements. His technical proficiency with industry-standard programs such as MicroStation, AutoCAD, and Microsoft Office ensures accurate and efficient project execution, contributing to Boynton Beach’s efforts to modernize aging infrastructure while maintaining high levels of service and safety. Mr. List’s involvement in diverse transportation engineering projects positions him to support the City of Boynton Beach in its initiatives to adapt to climate change and enhance its critical infrastructure, delivering resilient solutions for the future. Lazaro Ferrero, PE / Stormwater Drainage - Mr. Ferrero has 40 years of professional engineering design experience spanning a diverse range of project types, including pumping stations, drainage systems, hydraulic design, sanitary sewer collection systems, water distribution systems, and computer programming for engineering applications. He has relevant expertise in the design, permitting, and construction phases of major water and sewer systems and multiple municipalities. His experience includes water main distribution, gravity sewer systems, pump stations, force mains, and varied exfiltration trench designs to address stormwater infiltration and localized flooding. Projects of note include the Nautilus Neighborhood Drainage Master Plan, Washington Avenue Improvements, SR-826/SR-836 Interchange, and numerous corridor and neighborhood water/sewer improvements. Mr. Ferrero’s comprehensive knowledge of engineering design, hydraulic modeling, and infrastructure systems positions him as a key contributor to complex municipal and regional utility projects. AJ Gutz, PE / Stormwater Hydraulic Modeling - AJ has more than 20 years of experience in stormwater management system design, stream restoration, green infrastructure, surface water modeling, stormwater quality management, and coastal engineering. Project experience has covered multiple states and has included communities that have been participants in grant funding programs. Experience includes stormwater management, stream restoration, bank stabilization, flood control, and green infrastructure projects. Jim Gunther, PE / Construction Engineering Lead - Jim has over 36 years of experience in wastewater and water engineering as a design engineer and resident construction engineer. He has considerable experience in the various trenchless methods of pipeline construction, including micro tunneling, HDD, jacking and boring, and hand-mining using tunnel liner plates. He is primarily responsible for field construction services, water and wastewater pipeline design, pumping station, and water and wastewater treatment plant design. As a Design Engineer and Resident Construction Engineer, Jim’s assignments include construction management, project management, permit acquisition, and design and inspection of potable and reclaimed water mains, sanitary sewers, low-pressure sewers, sanitary force mains, water and wastewater pumping and storage facilities, etc. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.7 624 Current & Projected Workload of the Proposer 1. Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary resources to successfully complete the service and projects in a timely manner. Current and projected workload data shall be provided for each key project member as follows Description Response * We have a robust workload management system that allows us to balance current commitments while maintaining the flexibility to take on new projects. Our team is composed of more than 700 professionals nationwide, with a strong local presence in key markets. We make sure that our key staff and back-up resources are available to meet contract requirements and can quickly mobilize to initiate new assignments. Our workload consists of both fixed-scope projects and ongoing service contracts, which we manage using resource-loaded schedules, close coordination, and weekly management calls. This approach allows us to efficiently allocate resources and make sure project tasks are completed on schedule. We regularly review our project commitments and resource allocations to make sure we have ample capacity to deliver high-quality work on time and within budget. Our depth of staff and proactive management practices make sure we can support both current and future projects without compromising service or quality. Wade Trim has conducted a thorough analysis of our proposed team’s key staff and their current committed assignments to present their availability. Based on this analysis, our team’s management and technical staff have the availability and readiness to perform the Engineering Design and Environmental Review Services – San Castle Grant Funded Project for the City of Boynton Beach. We understand the complexity level of this project, and our assigned Project Manager, Shari Ramirez, PE, will be fully committed to this project from day one. Key team member / role, Number of Projects Handled Typically at Any Given Time, Current Work, Remaining Labor Commitments, Projected Workload (Availability %) of Project Management Activities Expected - see below Shari Ramirez, PE / Project Manager/Water Mains 12 4 3 42% David Mullen, PE / Design Manager 12 5 2 42% Tom Brzezinski, PE / Principal-in-Charge 12 8 4 30% Freddy Betancourt, PE / QA/QC and Technical Advisor 8 4 1 38% Gary Prenger, PE / QA/QC and Technical Advisor 12 8 1 30% Salome Montoya, PE / Utilities Pipeline Lead 8 3 1 50% Jim Gunther, PE / Construction Engineering Lead 8 3 2 38% AJ Gutz, PE / Stormwater Hydraulic Modeling 8 3 2 38% Sam Graybill, PE / Conveyance Pipe Design 12 8 1 25% Mike Demko, PE / Pump Stations 16 9 3 25% Lindsey Scott, PE / Sanitary Force Main 8 3 1 50% Oscar Duarte, PE / Gravity Sewer 16 10 2 25% Rob Dickson / Constructability 12 4 2 50% Victor Herrera, PE / QA/QC and Technical Advisor 20 9 4 35% Carlos Morales, PE / Harmonization 20 7 9 20% Andrew List, PE / Roadway Design 20 7 6 35% Lazaro Ferrero, PE / Stormwater Drainage 20 9 6 25% Approach to the Scope of Work Provide a brief description of your firm's approach to the work. Description Response * Project Understanding (Copies of exhibits, graphics, and tables referenced in this document can be found in the final quals PDF document.) Project Understanding The San Castle Neighborhood is located east of I-95 and just south of Hypoluxo Road. This is a disadvantaged neighborhood in the northeast area of Boynton Beach, which is in dire need of roadway improvements in order to mitigate safety concerns. Most of the deteriorated roadways are caused by a lack of proper stormwater drainage. This low-lying and highly vulnerable area lacks proper drainage and is highly susceptible to tidal flooding, being impacted by king tides occur even without a significant storm event. This situation is aggravated during major storms and hurricanes, when residents are subject to flooding and standing water for days after the storm event has passed. Localized flooding creates hazards and safety risk to first responders (Law Enforcement, Fire Service, Search and Rescue activities), essential government services including emergency and disaster assistance and community safety overall. Exhibit 4 shows an elevation heatmap for the San Castle Neighborhood. As shown in the figure, there are localized low points along several corridors in the neighborhood. In addition there is a limited capacity to drain the area with a restricted stormwater conveyance capacity to discharge water at C-16 Canal or a Palm Beach County owned stormwater pond. For the San Castle neighborhood critical known flooding areas include area along Ocean Parkway between Mentone Road and Atlantic Drive ; the Area along Palm Drive between Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.8 625 Seacrest Boulevard and Atlantic Drive ; the area along NE 27th Ct between NE 27th Ave and Ocean Parkway ; and an area along 4th Street between 27th Avenue and 28th Court . In addition, new structures have an elevated floor slab elevation by code, while older structures remain in very low-lying conditions. An example of this can be shown in Exhibit 5, where the north side of Palm Drive has a higher floor elevation than the house on the south side of the street. Simply raising the roads, cannot possibly solve the access concerns without creating unintended collateral damage to lower lying structures. A comprehensive stormwater evaluation will be required to determine the most optimum solution to alleviate localized flooding and select a design storm for which to design the roads and ancillary drainage. To solve this challenge, the City of Boynton Beach has obtained as Community Development Block Grant Mitigation (CBDG-MIT) in order to improve the quality of life of the residents of the San Castle Neighborhood. The CBDG-MIT will help fund much needed improvements to reduce flooding, replace the aging utility infrastructure, and improve the roadway conditions within the disadvantaged neighborhood. This work will include the installation of 24,000 linear feet of stormwater pipe, 86,000 linear feet of water and sewer infrastructure, and 24,000 linear feet of road resurfacing and replacement. 1 Project Approach Project Initiation and Planning Understanding the Project’s scope, objectives, and constraints, including budget, timeline, and regulatory requirements as described herein The objective of the Engineering Design and Environmental Review Services – San Castle Grant Funded Project is not something that is new to our project team. Since the early 2000’s, Southeast Florida has understood the impact rising sea levels and more intense storms would have on low lying coastal cities like Boynton Beach have partnered with engineering firms to find solutions that will improve the overall quality of the residents. Wade Trim was at the forefront of resilient projects, partnering with the City of Miami Beach on two of the first road raising projects, Sunset Harbour and Palm and Hibiscus. Many of the standards and design criteria adopted by the City of Miami Beach for subsequent projects originated from successes or lessons learned during those projects. Our design team understands the project goal of creating a more resilient neighborhood by installing a new stormwater infrastructure to provide flood protection to sea level rise projections and updated rainfall design storms improving the neighborhood accessibility by rebuilding the roads and addressing existing harmonization challenges. With the Dig Once approach, as Boynton Beach improves this disadvantaged neighborhood, all other improvements will be incorporated into the same project area. Aging water and sewer systems will be replaced. Spacing constraints and new regulatory requirements pose challenges in achieving water quality and water quantity to control and remove pollutant loading into the stormwater systems. Given that this neighborhood is not directly adjacent to tidal body such as the intracoastal waterway, part of the challenge will be to determine how and where to discharge the high intensity peak storm flow captured by the new stormwater facilities. The stormwater is currently conveyed to two separate discharges, a stormwater pond on the northeast portion of the area owned by Palm Beach County and a discharge at C-16 Canal making its way to it through a series of pipes and open water channels. The Wade Trim team understands the challenges involved in neighborhood improvement projects where multiple utilities are installed in shared corridors and is ready to deliver to the City, as we have done in past and recent projects. Our project management process will confirm that the City’s scope, goals, and objectives are met on this project. Exhibit 7 outlines the Wade Trim project management process phases for project delivery. Understanding of pertinent City planning documents; and how proposer will incorporate and coordinate these with the design The City of Boynton Beach has invested a lot of time and effort into obtaining the CBDG-MIT grant and through a consultant has performed a stormwater evaluation for several areas of the City including this project. It is important that our team performs due diligence and independently verifies recommendations of previous reports through independent stormwater modeling. This will increase the level of confidence on proposed recommendations and will allow our team to adjust to practical solutions that benefit the City. The current storm evaluation performed by others identifies restrictions on the ability to drain this neighborhood area through the existing stormwater system to either the C-16 Canal or a stormwater pond on the northeast side of the neighborhood owned by Palm Beach County. The proposed solution is mostly geared towards the use of exfiltration trenches, which essentially act as dry wells to collect stormwater in small areas and then slowly allow it to drain back into the soil over time. Exfiltration trenches are most suitable for small areas with low groundwater tables. The presence of high groundwater conditions, particularly at king tides, could diminish the effectiveness of the exfiltration trenches to mitigate localized flooding conditions. It is proper that our team evaluates through modeling other potential solutions that have a higher likelihood of success, as long as it meets the available budgets/funding mechanisms for this project. It is also important for our team to have a good understanding of other governing documents and preferences that the City would like us to abide by this design such as the Engineering Design Handbook and Construction Standards Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.9 626 for Public Works and Utilities Engineering along with established Engineering details. This project is federally funded through the CDBG-MIT process and underwent the Categorical Exclusion determination process. It is the Wade Trim Team’s understanding that the project is required to perform an NEPA Environmental Assessment (EA), refer to Exhibit 8. A NEPA EA is not the same as a Phase I Environmental Site Assessment (ESA) typically governed by Florida Department of Environmental Protection (FDEP). NEPA EAs focus on the broader environmental effects of federal projects, including alternatives and mitigation measures. Phase I ESAs, on the other hand, are a more limited assessment of a specific property, focusing on historical records and site reconnaissance to identify potential environmental concerns. Our team includes a qualified subconsultant (Mc Farland Johnson) which brings hands-on Federal NEPA experience to properly meet this important federal funding requirement. Reviewing available data from FDEP Map Direct Exhibit 9, we concur that there appears to be a very low risk for encountering contaminated soils or groundwater within the defined project boundaries. However, according to record drawings provided, portions of the water main system are asbestos cement pipe (AC pipe or Transite). The NEPA Environmental Assessment will have to account for how to mitigate the health risks associated with the removal/replacement of the AC pipes. The most critical risk is associated with the exposure and removal of segments of AC pipe, as asbestos can be very detrimental to human health when it becomes airborne. This process requires specific procedures, tools and guidelines for containment and disposal. In Florida, pipe bursting has been considered a preferable low-risk method of addressing AC pipe replacement while reducing potential exposure. Members of our staff are very familiar with the process being implemented in other municipalities across Florida. In recent years, EPA has nationally recognized the Close Tolerance Pipe Slurrification (CTPS) method as an alternative work practice (AWP) to replace, rehabilitate or repair AC pipes. Exhibit 10 below shows the CTPS process. This patented process is a proven technology that removes the existing pipe by pulling a rotating reamer through the existing pipe while simultaneously injecting a bentonite-slurry lubricating fluid. The slurry is removed and displaced into a receiving pit by a reamer. A new pipe is then pulled behind the reamer. The fluids are captured and disposed of as wet slurry to a certified landfill, thus preventing the asbestos from becoming airborne. Our partner, BCC is currently delivering the very first CTPS project for the City of Sunrise in Florida. During the NEPA evaluation, our team will have to compare alternative methods, impacts and costs to select the best solution for the City for all components of the project, including stormwater solutions, water main replacement, sewer replacement, construction techniques and costs. Given that there appears to be a low risk of existing soil and groundwater contamination in the area, the NEPA EA should be streamlined. Conduct a thorough review of all available data and documents with information regarding the existing infrastructure, including water and sewer utilities, drainage, and all other pertinent infrastructure A critical aspect of the design and execution of a successful project is the correct and accurate identification of existing underground utilities in the project area by performing a thorough review of the available data and documents. This is especially true in these types of projects, which are carried out in fully developed urban areas, where the existing right-of-way is usually congested with utilities. Although rights-of-way are not expected to be as busy along these neighborhoods, planned phasing of utility replacements will require the use of most if not all of the available right-of-way spaces to avoid service interruptions. 2 Data Gathering Obtaining topographic surveys, geotechnical reports, and other relevant site data Topographic Survey and SUE Our partners, Avirom will provide topographical survey and control points, while Inframap will enhance the corridor evaluation of the right-of-way surveys by providing Subsurface Utility Engineering (SUE) for this project. Both firms will collaborate closely with Wade Trim to address any additional survey information needs. Their SUE tasks will incorporate Quality Levels “A” and “B” processes, ensuring accurate horizontal and vertical data for existing and design-impacted utilities. Having partnered with Wade Trim on previous projects, both firms possess a deep understanding of the Wade Trim needs for design. In addition, Wade Trim will supplement and enhance the information collected with the use of an orthosomaic drone. This Rm of aerial imaging is capable of providing 3D point cloud with survey grade accuracy. Additional mapping tools such spherical imaging and VLX 3D scanning, which are Wade Trim additional survey mapping tools will only be used as needed to support corridor evaluation, mapping or public outreach efforts. Geotechnical Investigation Terracon has extensive geotechnical experience in Palm Beach County, City of Boynton Beach and surrounding areas. Based on historical knowledge, expected soils in the study area would include a combination of shell, silts, clays and organic debris, in the northern and southern part of the study area, with some sand, sandy limestone and shelly marl throughout the remainder. Environmental Investigation McFarland Johnson, an experienced environmental firm, will support the Team in Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.10 627 developing a comprehensive environmental assessment that meets NEPA requirements for the project considering the above-mentioned site conditions. Should any of the proposed solutions include a new point of stormwater discharge, McFarland Johnson will also be able to assist in the alternative evaluation and determine any potential environmental impacts associated with those proposed alternative(s). Utility Coordination Our Team is experienced in working in congested, urban corridors, installing new infrastructure in developed areas. Our team starts working on this issue even before starting design, looking at the identified corridor and then analyzing alternative routes to achieve the project goals with fewer utility conflicts. Once the project solution(s) and corridors are defined and deemed to be the most adequate, our team will evaluate all available as-built records from utility companies. Upon issuing of NTP, we will call the Sunshine State One Call of Florida, or Sunshine 811, and request a Design Ticket. The design ticket will provide a list of utility owners registered within the project corridor. With this list, we will create a contact matrix, to include all the utility companies listed in the Design Ticket and added to it the contact information which we obtained from a constantly updated contact list we carry within our firm. This allows us to have all the utility contacts in one place. This list will also include the date of the requested as-builts, and track all responses. This tracking matrix allows stakeholders to get a one-document snapshot of the utility investigation process and allows us to identify which utilities have failed to respond to our request, so we can follow up and make additional requests. 3 Stakeholder Engagement Identifying and developing an engagement plan with stakeholders, such as local government agencies, community representatives, and utility companies Communication Plan / Strategy Led by Sharon Merchant, our local public outreach subconsultant Merchant Strategies will develop a communication plan/strategy for this project. This strategy is aimed at building capacity in the community by leveraging a focus group comprised of representatives from residents, business associations, cultural and environmental groups. In partnership with Wade Trim and the City, Merchant Strategies will apply lessons learned from previous local neighborhood improvement projects to refine stakeholder messaging and gather essential community feedback. 4 Preliminary Design There are multiple concurrent preliminary activities that need to be carried out simultaneously, in order to define the right solution for this neighborhood improvement and flood mitigation project. See Exhibit 11 below. Developing conceptual design options and drainage v models that address the Project’s objectives Wade Trim’s wet weather hydraulic modeling expertise dates back several decades, and we are the key program managers for several major wet weather programs such as Allegheny County Sanitary Authority (ALCOSAN), Three Rivers Stewardship District, Great Lakes Water Authority and Pittsburgh Water and Sewer Authority to name a few. The first and most important step during the preliminary design phase will be to create a stormwater model for the study area and undertake early field activities to verify geological conditions and support accurate predictive stormwater modeling. The stormwater model will be the key tool for flood mitigation decision making. In the state of Florida ICPR 4, is a widely accepted stormwater model platform used by regulatory agencies. Other alternative options for dynamic storm simulation could be PCSWMM or INFOWORKS, which have additional simulation and reporting features that could be key specific solutions. Concurrently with stormwater modeling our team of experts will discuss with the City potential practical flood mitigation solutions, knowing the budget limitations of the grant funding. In addition to exfiltration trenches, additional conceptual solutions could involve underground storage, stormwater wells, increased conveyance capacity and potentially a stormwater lift station and force main, to increase the discharge capacity of the basin. The conceptual alternative along with associated modeling and cost comparison will provide the City means of choosing the final level of service and solutions to implement. Establish a Level of Service (LOS) The stormwater evaluation performed by others includes a proposed target level of service for stormwater improvements as a 25-year, 24-hour storm event. After our team creates a predictive stormwater model and confirms field conditions, we will revisit the expected level of service and estimated costs with the City. In addition, our team will confirm with the City that the replacement of other utilities in the corridor will be of the same diameters and capacities and will rely on the City’s hydraulic models for these decisions. Additional hydraulic modeling for water and sewer can be performed if needed. Field Verification with Geotechnical Testing Obtaining supplement information from field activities is important to help establish realistic outcomes in stormwater predictive modeling. Geotechnical field tests such as hand auger, spt borings, soil classification and percolation tests should support the use of exfiltration trenches that can properly drain to avoid the localized flooding. If optimal conditions are not present, the team will have to evaluate other possible solutions such as collection and other means of local detention or increasing the capacity of stormwater discharge with increased drainage conveyance or small stormwater lift station(s) and force mains to Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.11 628 designated tidally influence discharge points that will permit an increase discharge of stormwater peak flow. Corridor Evaluation As is the case with every linear conveyance project, the corridors shall be evaluated for potential conflicts. As seen on Exhibit 12, the San Castle neighborhood already has existing City utilities. In addition, there are third party utilities such as power and communication that are in the proposed work areas. A sequencing plan should be able to identify how to most optimally use the available corridors. Existing utility services need to be maintained while new replacement parallel utilities are being built and commissioned. In addition, available space needs to be accounted for in stormwater capture and conveyance as part of the road restoration and flood mitigation efforts. Environmental Assessment Unlike the Phase 1 Environmental Site Assessments, the NEPA environmental assessments include a thorough evaluation of potential detrimental impacts from implemented solutions. Each possible solution identified may have a different environmental impact that may require mitigation. However, a key element of these environmental assessments is precisely to have an alternative analysis as part of the evaluation. As our team develops proposed stormwater flooding and AC pipe replacement solutions, potential environmental impacts and potential mitigation will be identified and weighed as part of the decision making process. Identifying the right solution Once all of the steps above have been completed, our Team in a collaborative workshop environment will present the results of the evaluation along with supporting information to determine the most optimal cost-effective solutions for implementation. This will present a forum for City staff to provide input, ask questions and get clarifications. The lowest cost solution may at times not necessarily be the best solution, and the most easily implementable solution, can at times create excessive operational and maintenance headaches, which City staff may not want to undertake. It is important that decisions be reached in a collaborative environment and by consensus, which provide a firm step forward towards project buy-in from stakeholders. Keeping in mind schedule and budget, we will prepare a conceptual 30% design of the selected alternative to ensure no conflicts or additional information are required. The conceptual 30% design plans will include alternative roadway typical cross sections and proposed utility alignments along with a preliminary opinion of probable construction cost to be submitted to the City and for stakeholder review. Upon completion of the review, Wade Trim will conduct a design review meeting with the City and stakeholders to review major design discussions and any comments. 5 Detailed Design Introduction Our team has performed a thorough review of the stormwater evaluation and the grant funding request and understands the City’s objective of mitigating current and future flooding caused by rain events and sea-level rise. Our detailed design approach is focused on enhancing the decision making of the stormwater evaluation with stormwater modeling and preparing a conceptual design incorporating the information gathered during preliminary design phase, and then developing a finished permittable and constructable design package. The detailed design phase follows the flow of the water through the improvements starting as the rainfall lands on the ground surface to be guided into a collection inlet where it will enter the conveyance system to be routed to selected storm flooding mitigation option which could be from exfiltration trenches, to increased conveyance capacity or stormwater pump station and pumped through the discharge force main to the a designated discharge points that has yet to be evaluated. Selecting the most feasible and cost-effective design options based on stakeholder analysis and input The key to a successful neighborhood improvement project is a design philosophy that focuses on the clients needs and budgets while improving conditions for the residents and businesses. Proactive interactions with City staff, business owners, and residents will provide feedback and guiding principles to include all major stakeholders and gain a sense of shared ownership in the successful completion of the project. Our Design Team has an intimate understanding of implementing stakeholder involvement from unmatched boots-on- the-ground experience our Key Personnel have from previous neighborhood improvement projects like Sunset Harbour, Palm and Hibiscus, Española Way, First Street, and Flagler Street Downtown Beautification. Preparing detailed construction plans, including specifications, materials, and construction techniques. Design Process After reviewing and addressing all comments from the City and other stakeholders during preliminary design phase, we will further develop the design and complete 60% and 90% submittals including a design meeting workshop held after each submittal to discuss and confirm understanding of comments. Design submittals are anticipated to include at a minimum all applicable calculations, general notes, roadway plans, utilities plan and profiles, traffic control, erosion control, landscape plans, harmonization plans, where needed, Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.12 629 details, as well as specifications and an updated opinion of probable construction cost. Final design plans to be used for the bidding phase will address any comments received from the permitting agencies, City staff, and other key stakeholders. During the bidding phase our design team anticipates supporting the City with the bid advertisement process, responses to bid questions, reviewing bids, and then production of the 100% IFC Signed and sealed documents incorporating any changes or clarifications during the bid process. A detailed design process workflow is shown on Table 3 on the next page. Harmonization Road raising may be one of the potential solutions for this project, and if implemented it can create additional challenges. One of the potential challenges that comes with elevating the roads is harmonizing with adjacent private properties, as well as harmonizing private property to private property. In some cases, properties have already been built to a higher floor elevation, and in other the finished floor elevation may end up below the road level. Harmonization is also the best opportunity to turn a temporary inconvenience into a quality-of-life improvement for the neighborhood residents and businesses. Our team understands that there is no universal solution for harmonization on this project and each property will need to be analyzed individually to develop the best site- specific design. Our team will draw on the experience of the hundreds of individual harmonizations designed and constructed previously for Miami Beach. This experience has created a large toolbox for both harmonization between private property and the road and harmonization between each adjacent property. Factors such as accessibility, practicality, and cost will be taken into consideration for all proposed harmonization solutions. Our team is also experienced in assisting agencies in obtaining construction and maintenance easements when harmonization carries outside of the right of way. The current neighborhood does not include bicycle lanes or ADA access. Our Team will pay close attention to ADA and pedestrian access throughout the design process. Pedestrian pathway grades and widths will meet ADA minimums both during and after construction, and all curb ramps will follow ADA standards with proper detectable warning surfaces. Any collection grates within a pedestrian pathway will meet current heel proof requirements. Providing additional crosswalks and crosswalk signals will also improve pedestrian connectivity and mobility. Developing a comprehensive traffic management plan to minimize disruptions during construction. Traffic Control Plan The most effective traffic control plan (TCP) is one that minimizes interaction between the public and the construction activities, minimizes traffic shifts, and promotes safety above all. For this project, our team will give consideration not only to maintaining vehicular traffic, but also to maintaining a safe route for pedestrians and bicyclists. Due to the nature of this project, we will pay particular attention to maintaining access to all properties throughout construction and minimizing the duration of construction operations. To achieve this, we will develop a TCP that allows for construction to occur in as few phases as possible and minimize our footprint and presence in the area as much as possible. Our TCP will provide pedestrian detours and signage as required during any sidewalk construction and address any partial or temporary road closures. We are aware of the impacts that a project of this magnitude can have on the surrounding public so it will be essential to keep the public informed of construction operations by providing advance warnings and notifications. A comprehensive Site Safety Plan will be required from the contractor, which will be available in the field offices and job sites, and will be utilized to indicate OSHA work requirements, emergency contact numbers and safety information. This plan will be continuously monitored during construction and pedestrian and vehicular traffic control plan will be inspected regularly to maintain safety compliance. Similarly, our project will require the contractor to develop, implement and maintain a Stormwater Pollution Prevention Plan (SWPPP), to install pollution control devices and to comply with the National Pollutant Discharge Elimination System (NPDES) as dictated by the United States Environmental Protection Agency (EPA), and will be monitored daily during construction, to verify that the contractor is maintaining all required mechanisms to avoid environmental impacts during construction, and maintain our quality levels of nutrients in the adjacent bodies of water, such as the intracoastal waterway, and also the ground water. Application of quality control procedures, best practices and design standards. At Wade Trim, we understand the importance of quality deliverables for every project. We are committed to delivering high-quality design and construction deliverables that aim to exceed client expectations and meet industry standards of care and are supported by our diligence to adhere to a Quality Plan that embraces proven quality review procedures. Wade Trim recognizes the importance of the accuracy, competency, and completeness of services and deliverables. Our clients and the public expect quality solutions. Wade Trim’s service perspective is anchored in our core values to drive our comprehensive quality efforts: Client Focus, Accountability, Safety, and Professional Ethics. Coordinating with external utility companies to relocate or adjust any utilities that might be affected by the Project. Once the design is defined, our engineers can contact utility owners and discuss any potential relocations required by the proposed improvement. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.13 630 Our Team will schedule, coordinate and track utility meetings to document all relocation requirements. Being able to identify this early on, is key to avoiding scheduling impacts from utility conflicts in our projects. We will carefully consider any utility relocations required within a specific area to avoid repetitious disruption during the main-line work, and will require restoration operations to commence as soon as practicably possible following the completion of a segment of work. 6 Cost Estimation & Timeline Preparing detailed cost estimates at each phase of design. A probable cost estimate will be prepared at each phase of the project and applicable contingency percentages will be applied based on level of design completion. Market prices will be reviewed and analyzed from similar project contractor bids, manufacturer’s pricing, FDOT historical average cost, and other resources. 7 Permitting and Regulatory Compliance Introduction The Wade Trim Team has a long history in SE Florida, meaning that we know the regulations, conditions, constraints, permitting and construction issues related to infrastructure improvement projects such as roadway, stormwater management, sanitary sewer and water related projects in highly urbanized areas. This experience not only gives our team knowledge but also allows our team to build professional relationships with the appropriate local agencies and stakeholders that allow us to keep the work moving forward. Our experience working in SE Florida on capital improvement and construction management services has provided us with a deep understanding of local, state and federal regulations, including zoning, environmental and safety standards. E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., CONSULTANT and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. CONSULTANT shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. CONSULTANT further acknowledges that CONSULTANT is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. CONSULTANT shall be responsible for compliance by any sub-consultant or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT, execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT 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, nor 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 CONSULTANT of the CITY’s determination concerning the false certification. CONSULTANT 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, CONSULTANT 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 CONSULTANT does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.14 631 VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal/qualification package certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid 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: 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. 1. 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. 2. Give each employee engaged in providing the commodities or contractual services under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 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 five (5) days after each conviction. 4. Impose a section 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. 5. Make a good-faith effort to continue to maintain a drug-free workplace through the implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Item Description Response * 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything in this Section. Yes OFFEROR'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 41 years 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. N/A 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. Edwin Orr Engineering 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. No 5 Are you licensed? If Yes, attach copy of license to submission package. Yes. Please see either document 6 in the Document uploads or Section 10 of our Detailed Qualifications Statement 6 Has your company ever declared bankruptcy? If Yes, explain.No Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.15 632 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Offerors, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Qualification. Line Item Description Response *Options 1 Company Name Wade Trim, Inc. (Florida) 2 Address 3790 Dixie Hwy NE, Ste D 3 Telephone 813-855-1615 4 City Palm Bay 5 State FL 6 Zip Code 32905 7 Contractor's License Number H05938 8 Federal Tax ID Number 59-2417170 9 Email address for above signer tbrzezinski@wadetrim.com 10 Indicate which type of organization from the list in the Options Column Corporation Corporation Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.16 633 References List a minimum number of required references as stated in the Special Conditions which show experience in similar work, to include nature and scope of work, which demonstrates an expertise in providing the services as stated herein. References – Past Performance Provide at least three (3) reference projects of a similar size, scope, and complexity that have been completed by your firm within the last ten (10) years, which demonstrate the experience of the firm and the key members that will be assigned to provide the services as required by this Project. A project “similar in scope” is defined as a project that includes some or all of the following components: design of a new stormwater conveyance system, stormwater pump station, force mains, road restoration, and other related restoration work. A project “similar in size” is defined as a project completed under the Design-Bid-Build method, which was at least $10,000,000 in cost (design and construction). A. For each reference project, provide the following information: B. Client Name/Owner’s Representative name, address, phone number, and email address. C. Name and location of the project. Description of the Scope of Work. D. Role your company provided. E. Date project was completed or is anticipated to be completed. F. Saving is achieved through value engineering or other innovative design approaches. G. The total amount of approved Change Orders. H. Present status of the project. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; 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 or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. Description Reference 1 *Reference 2 *Reference 3 *Reference 4 – Additional Reference 5 – Additional Name of Firm:FGUA Brevard County City of Miami Beach North Bay Village (BCC Reference, Major Subconsultant) Scope of Work:American Beach Water & Sewer Improvements SOIRL Septic to Sewer Conversion (Zones N, M, T) Sunset Harbour Neighborhood and Pump Station Improvements North Bay Village Stormwater Design Management Support Cost of Service:$9M (construction)$32.9M (construction)$26M (construction)$944,431 (design)/ Managing the Village's $60M Stormwater Bond Program Date of Service:2020-2024 2020-2026 2014-2022 2919-Ongoing Contact Person:Teresa Irby-Butler, P.E., CGC, ENV SP Capital Project Manager Lucas Siegfried, PE David Gomez 305.673.7071 Frank Rollason, Village Manager Email:Tirbybutler@govmserv.com lucas.siegfried@brevard fl.gov davidgomez@miamibeachfl.gov VillageManager@nbvilla ge.com Phone #:407-629-6900 x 106 office 407-608-2846 cell 321.633.2089 office 321.350.8384 cell 305.673.7071, Ext. 26732 Office 305.756.7171 M 305.299.7300 Address:280 Wekiva Springs Road, Suite 2070 Longwood, FL 32779- 6026 2725 Judge Fran Jamieson Way, A-213 Viera, FL 32940-6602 1700 Convention Center Drive, Miami Beach, FL 33139 1666 John F Kennedy Causeway 3rd Floor North Bay Village, FL 33141 Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.17 634 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. Sub-consultant The Proposer proposes the following major sub-consultants for the major areas of work for the Project. The Proposer is further notified that all sub-consultants 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-consultants, if required. Owner reserves the right to reject any sub-consultant who has previously failed in the proper performance of an award 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 sub-consultant in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Name *Address *Scope of work *license No * BCC Engineering, LLC 6401 SW 87th Avenue, Suite 200, Miami, FL 33173 QA/QC, Technical Advisors, Roadway Design, Stormwater Drainage, Hydraulic Modeling, Cost Estimating, Grant Administration PE FL License #7184 Avirom & Assoc.50 S.W. 2nd Avenue, Suite 102 Boca Raton, FL 33432 Surveying Services FL Professional Surveyor and Mapper Business License #LB3300 Corrosion Control Inc.494 Fairplay Street Rutledge, GA 30663 Corrosion Control Docket #27851269 Electrical Design Associates 7284 West Palmetto Park Rd, Suite 302- S, Boca Raton, FL 33433 Electrical Engineering PE FL License #8079 Inframap Corp.1100 N. Florida Mango Road, Unit 308, West Palm Beach, FL 33409 SUE Services FL Professional Surveyor and Mapper License #LS5708 McFarland Johnson 4601 Sheridan Street, Suite 500 Hollywood, FL 33021 Environmental, Blue Green Stormwater Infrastructure FL PE License Thomas Kendrick (Registry) PE FL #33800 South Florida Engineering Services, Inc. 1224 Haywagon Trail Loxahatchee, FL 33470 Construction Inspection Aaron Cutler, Construction Industry Licensing Board #CGC1520812 Terracon Consultants, Inc.1225 Omar Rd. West Palm Beach, FL 33405 Geotechnical Engineering Rutugandha Nulkar, PE License #PE70625 The Merchant Strategy, Inc.1804 North Dixie HIghway, Suite B West Palm Beach, FL 33407 Public Outreach Business does not need license 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. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.18 635 RFQ FORMS The Offeror will submit a response to the solicitation (RFQ) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. The Offeror must be licensed to do business as an individual, partnership, or corporation in the State of Florida. All qualification package forms should be executed and submitted for easy identification. Responses not submitted on proposal submission forms may be rejected. All qualification package submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: Certification Vendor Drug-Free Workplace Qualification Statement References Scrutinized Companies List E-Verify Compliance Sub-Consultant Form Firm’s Primary Ownership FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION I. Document Upload 1: Complete Qualification Package as described in SECTION III – Detailed Qualification Package DETAILED QUALIFICATION PACKAGE Prospective Offerors interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Brevity and clarity are encouraged. Each of the TEN (10) sections listed below shall be completed online through the e- procurement system and uploaded into DOCUMENT 1.. THE QUALIFICATION PACKAGE IS TO BE COMPLETED ONLINE 1. Letter of Interest The Letter of Interest shall summarize the Offeror’s primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be signed by the Offeror or person authorized to bind the Offeror to the submitted RFQ. 2 .Standard Form 330 (Parts I and II) – Firms Qualifications The Standard Form 330 Architect/Engineer Qualifications for previous projects must be included as part of the RFQ response. Firms shall complete both Part I and II of the Standard Form 330 for projects completed within the past ten (10) years so that the City can obtain adequate information for this RFQ. 3. Certified Minority Business Enterprise Please identify if you are a Certified Minority Business Enterprise as defined by the Florida Small and Minority Business Assistance Act. The Prime Consultant will receive 10 points meeting this definition, and any sub-consultants will receive 5 points utilizing the weights described in SECTION IV – EVALUATION OF QUALIFICATION PACKAGE if this requirement is met. Note: Pursuant to the Consultants’ Competitive Negotiation Act (“CCNA”), a certified minority business enterprise is defined in accordance with the Florida Small and Minority Business Assistance Act. Pursuant to the Florida Small and Minority Business Assistance Act, a certified minority business enterprise is an entity that has been certified by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”). If you are a Certified Minority Business Enterprise, please provide proof of your certification by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”) Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.19 636 4. Offeror’s Qualifications Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. Provide a narrative statement demonstrating an understanding of the overall intent of this solicitation, as well as the methods used to complete assigned tasks. Please clearly describe all aspects of the project proposed. Include details of your approach and work plans. Identify any issues or concerns of significance that may be appropriate. Identify any sub-consultants you propose to utilize to supplement your Firm’s staff. If the Principal Place of Business is different from the location specified in the Offeror’s Qualification Statement, then the Offeror shall specify the office location where each project will be managed and produced. 5. Willingness to meet budget and timeline requirements: Please advise if your firm is willing to meet the following time and budget requirements. a. Budget: The Budget for this project is as follows: i. $19,765,302.00 a. Funding Sources: i. $3,265,302 – City Fund ii. $16,500.00 - Federal Department of Economic Opportunity (CDBG-MIT) Please note that during this portion of the process, the City is NOT asking for the firms to submit pricing. After the evaluation committee has selected the firms in order of preference, the City shall negotiate a contract with the most qualified firm for professional services at compensation, which the agency determines is fair, competitive, and reasonable. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the next most qualified firm. 6. Location Please provide the address and the primary location on where work will be performed by your firm for this project. If services will be performed by different offices (such as a joint venture) provide a location for each firm. 7. Financial Information Financial Stability: The Firm shall demonstrate financial stability. Firm shall provide a statement of its financial stability, including information as to current or prior bankruptcy proceedings. Qualification Packages shall include a copy of the most recent annual financial report/annual audit/10K and the most recent 10Q, if appropriate. Financial reports provided shall include, at a minimum, a balance sheet, an income statement, and a statement of cash flows. Financial Statement: The Firm shall include a copy of its latest audited financial statements. If the Firm is a corporation, it shall submit a copy of the corporation's latest audited financial statements. In the event the Firm does not have audited financial statements, it may substitute non- audited financial statements and complete federal tax returns for the last two (2) years. 8. Current and Projected Workload of the Offeror (by office local, if applicable) Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.20 637 a. Provide quantitative data that clearly indicates the ability of the Offeror to devote the necessary time and resources to successfully complete the service and projects promptly. Current and projected workload data shall be provided for each key project member as follows: b. Current project work listing and remaining labor commitments. c. Historically, describe the typical number of projects handled by the Offeror’s key project managers at any given time. d. Projected workload of project management activities as defined in the scope of services. e. Identify any sub-consultant firms providing significant services that may be assigned more than five (5%) of the work. 9. References – Past Performance a. Provide at least three (3) reference projects of a similar size, scope, and complexity that have been completed by your firm within the last ten (10) years, which demonstrate the experience of the firm and the key members that will be assigned to provide the services as required by this Project. A project “similar in scope” is defined as a project that includes some or all of the following components: design of a new stormwater conveyance system, stormwater pump station, force mains, road restoration, and other related restoration work. A project “similar in size” is defined as a project completed under the Design-Bid-Build method, which was at least $10,000,000 in cost (design and construction). For each reference project, provide the following information: Client Name/Owner’s Representative name, address, phone number, and email address. Name and location of the project. Description of the Scope of Work. b. Role your company provided. c. Date project was completed or is anticipated to be completed. d. Saving is achieved through value engineering or other innovative design approaches. e. The total amount of approved Change Orders. f. Present status of the project. g. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. h. 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 or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. i. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. 10: EXHIBITS A to F - Federal Grant Provision - Notarization Required See SECTION I – INSTRUCTIONS TO OFFERORS -1.12 RFQ FORMS. a. In addition to the standard required forms. The Offeror shall complete the following for this federally funded grant project. Document Upload 1: Complete Qualification Package as described in SECTION III - Detailed Qualification Package Document Upload 2: Non-Collusive Affidavit & Acknowledgement Document Upload 3: Scrutinized Companies Affidavit Document Upload 4: Foreign Entity Ownership Affidavit Document Upload 5: Anti-Human Trafficking Affidavit Document Upload 6: Proof of State Certified or County Competency Document Upload 7: Certificate of Insurance – Proof of Requirements Document Upload 8: Internal Revenue Service Form W-9 Document Upload 9: Anti Kick Back Affidavit and Public Entity Crimes Form Document Upload 10: EXHIBITS A to F - Federal Grant Provision - Notarization Required Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.21 638 Document Upload 1: Complete Qualification Package as described in SECTION III – Detailed Qualification Package - Wade Trim_City of Boynton Beach San Castle_FINAL_052225_rev.pdf - Thursday May 22, 2025 14:44:36 Document Upload 2: Non-Collusive Affidavit & Acknowledgement - Doc 2_Non-Collusion Affidavit.pdf - Tuesday May 20, 2025 15:55:34 Document Upload 3: Scrutinized Companies Affidavit - Doc 3_Certification Pursuant to Florida Statute 287.135.pdf - Tuesday May 20, 2025 15:56:03 Document Upload 4: Foreign Entity Ownership Affidavit - Doc 4_Affidavit of Compliance with Foreign Entity Laws.pdf - Tuesday May 20, 2025 15:56:12 Document Upload 5: Anti-Human Trafficking Affidavit - Doc 5_Affidavit of Compliance with Anti-Human Trafficking.pdf - Tuesday May 20, 2025 15:56:24 Document Upload 6: Proof of State Certified or County Competency - Doc 6_Cert of Good Standing 12-31-25.pdf - Tuesday May 20, 2025 15:57:22 Document Upload 7: Certificate of Insurance – Proof of Requirements - Doc 7_WT COI.pdf - Tuesday May 20, 2025 16:35:20 Document Upload 8: Internal Revenue Service Form W-9 - Doc 8_W9 - Updated 03-24.pdf - Tuesday May 20, 2025 15:31:26 Document Upload 9: Anti Kick Back Affidavit and Public Entity Crimes Form - Doc 9_Anti-Kickback and Public Entity.pdf - Tuesday May 20, 2025 16:02:18 Document Upload 10: EXHIBITS A to F - Federal Grant Provision - Notarization Required - Doc 10_Exhibits A to F.pdf - Tuesday May 20, 2025 16:00:23 Additional Document - Doc 11_Qualification Statement.pdf - Tuesday May 20, 2025 16:11:29 Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.22 639 Addenda & Declarations SECTION V – STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract. The term “vendor,” as used below, may collectively apply to vendors, bidders, Offerors, consultants, contractors, subcontractors, and sub-consultants. 1. FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFQ, Offerors shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Offerors must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Offeror shall not be a cause for relief from responsibility. 2. NON-COLLUSION Offeror shall not collude, conspire, connive, or agree, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the proposal submission form or of any other Offeror, or to fix any overhead profit, or cost elements of the proposal price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Offeror, or any person interested in the proposed work. The Offeror certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 3. LEGAL CONDITIONS Offerors are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Boynton Beach. 4. CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 5. ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices bid/proposal in this solicitation. If additional quantities are not acceptable, the bid sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 6. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 7. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Offeror will in no way be a cause for relief from responsibility. 8. ON PUBLIC ENTITY CRIMES All Request for Proposals, Request for Qualifications, Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 9. FEDERAL AND STATE TAX: Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.23 640 The City of Boynton Beach is exempt from Federal and state taxes. 10. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 11 . COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Offeror certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Offeror further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Offeror. Offeror certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 12. PALM BEACH COUNTY INSPECTOR GENERAL: The Offeror and, if awarded 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 any agreement/contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant 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 sub-consultants 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 agreement/contract justifying its termination. 13. OTHER AGENCIES All Consultant(s) awarded contracts resulting from this RFQ and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Offeror(s). 14. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. During the performance of the Contract, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 16. INDEPENDENT CONSULTANT RELATIONSHIP: Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.24 641 The Offeror and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent Consultant and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to the agreement/contract shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Consultant's relationship, and the relationship of its employees, to the City shall be that of an independent Consultant and not as employees or agents of the City. 17. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s) or service as specified. 18. 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 Offeror 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 the award of contract to the Offeror. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 19. LEGAL EXPENSES: The City shall not be liable to a Offeror for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract or from any other matter generated by or relating to the agreement/contract. 20. NO THIRD-PARTY BENEFICIARIES: No provision of this RFQ or agreement/contract to follow with Consultant is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Offeror. 21. DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City’s suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 22. SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, CONSULTANT, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 23. DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.25 642 Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 24. NON-EXCLUSIVE As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida agreement/contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. agreement/contract may be awarded. Additionally, the City reserves the right to award other agreement/contracts for goods and services falling within the scope of this solicitation and resultant agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant agreement/contract. 25. BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Offeror shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 26. AGREEMENT/CONTRACT Offeror agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding agreement/contract is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Offeror. The Offeror certifies that the proposal has been made by an officer or employee having the authority to bind the Offeror. 27. ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Offeror in any way, manner, or form. 28. DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Offeror's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item A above. D. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Offeror of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. E. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 29. PROHIBITED TELECOMMUNICATIONS EQUIPMENT Offeror represents and certifies that Offeror and all Sub-consultants do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Offeror represents and certifies that Offeror and all Sub- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 30. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Offeror's social, political, or ideological interests when determining if the Offeror is a responsible Consultant. Offerors are further notified that the City's governing body may not give preference to a Offeror based on the Offeror's social, political, or ideological interests. 31. RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Offeror pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.26 643 32. DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 33. PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications, or Invitation to Bid are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFQ, RFP, or BID unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the agreement/contract which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the agreement/contract, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Offeror believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: Keep and maintain public records required by the City to perform the service. 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. 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, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant’s possession. All records stored electronically by Consultant 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. Failure of the Consultant to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting agreement/contract. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Tom Brzezinski, Executive Vice President, Wade Trim, 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 Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.27 644 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 Addenda No. 6 Tue May 13 2025 05:58 PM -- PWE25-009 - San Castle CDBG MIT - Addendum No. 5 Mon April 28 2025 10:19 AM -- Addenda No. 4 Tue April 8 2025 02:33 PM 2 Addenda No. 3 Tue March 11 2025 02:52 PM -- Addenda No. 2 Wed February 26 2025 05:51 PM -- N/A Wed February 26 2025 05:48 PM -- Addenda No. 1 Fri February 14 2025 04:12 PM 1 Bid Number: PWE25-009 Vendor Name: Wade Trim, Inc.28 645 MAY 22, 2025 RFP NO. PWE25-009 Engineering Design and Environmental Review Services SAN CASTLE - GRANT FUNDED 29 646 May 22, 2025 City of Boynton Beach Room 115 100 E. Ocean Avenue Boynton Beach, FL 33435 Re: Engineering Design and Environmental Review Services - San Castle - Grant Funded Dear Selection Committee Members: The City of Boynton Beach is embarking on several pivotal community improvement projects which will ensure residents of these community a better quality of life. We commend the City on the important steps leadership has taken to ensure that these projects are well positioned for successful implementation and delivery. We understand that the City has done a stormwater evaluation for these areas. We also acknowledge that a substantial grant has been secured through the Florida Department of Commerce, US. Department of Housing and Urban Development (HUD) Community Development Block Grant – Mitigation (CDBG-MIT) for the San Castle community. The San Castle community is one of the focus areas that needs critical upgrades to benefit an underserved population of residents. We recognize that through this project it is the City’s goal to give the residents the ability to move freely in and out of the neighborhood, have a reliable source of drinking water, and know that stormwater will properly drain following a major rain event. The purpose of this transformative project is to implement mitigation activities to increase resilience to disasters, reduce or eliminate the long-term risk of loss of life, injury, or damage to and loss of property, and therefore ensure the safety and quality of life for this community throughout regular day-to-day activities, as well as severe weather events. This type of project demands a highly experienced and collaborative team that will work with the City as a trusted partner to achieve these important goals. Wade Trim has assembled and committed a team with extensive experience in very similar projects across SE Florida that provided the transformative results that those communities needed. The Wade Trim team, along with our partner BCC Engineering, have delivered several award-winning projects for the City of Miami Beach, one of which gained national recognition. These projects addressed the need for creative and viable solutions to the ever-present challenges of climate change impacts and resiliency needs that our coastal communities now face. Through our proposal we will also demonstrate how our team is well versed in the grant administration required, as well as the environmental study expertise that is necessary to properly manage the grant funding type that the City has secured for this project. Section 1. Letter of Interest 25-0419ii FL LA6667249 Wade Trim, Inc. 9100 S. Dadeland Boulevard, Suite 1500 • Miami, FL 33156 786.361.1645 • 800.482.2864 • www.wadetrim.com 30 647 City of Boynton Beach May 22, 2025 Additionally, we recognize the important value it brings to a project to have local and minority business partners that know and understand the community and its needs. We have included key partners that will provide important services such as public outreach and engagement, provided by Merchant Strategy, NEPA environmental reviews and studies, provided by McFarland Johnson and other key support services that are highlighted in our proposal. This will ensure that our team best understands the needs of the San Castle community and is best positioned to deliver on goals of this vital project. In closing, Wade Trim is committed to becoming a trusted partner to the City of Boynton Beach on this transformative project and well into the future for the City’s growth and progress needs. Although we have not worked for the City in the past, members of the City staff have prior experience with Wade Trim and our partners, and therefore understand that our client promise—to be responsive, reliable, and resourceful—is more than just a slogan. It is a core cultural value that ensures that we truly embrace and fully commit to being a valued partner to the City of Boynton Beach. We thank the City of Boynton Beach for the opportunity to submit this proposal and we look forward to serving you as a valued client. If you have any questions, please feel free to contact us at the number or email below. RESPONSIVE We will act quickly and positively, adapting our work approach to meet the needs of the project. RELIABLE We will collaborate closely with clients, advising and earning trust with each deliverable. RESOURCEFUL We will seek creative solutions, delivering technical excellence to the project’s challenges. Authorized Signatory Tom Brzezinski, PE Principal-in-Charge, Executive Vice President 813.678.2634 Shari Ramirez, PE Project Manager 786.361.1644 sramirez@wadetrim.com 25-0419iii31 648 During the development of this proposal, we maximized the use of recycled and recyclable materials to reduce waste. CONTENTS SECTION 1 LETTER OF INTEREST II SECTION 2 SF 330 FORM 1 Introduction to the Team �������������������������������������������������������53 History Working Together ������������������������������������������������������54 Firm Qualifications ����������������������������������������������������������������54 Stormwater Pumping and Conveyance ������������������������������54 Utility Pipelines �����������������������������������������������������������������56 Stormwater Drainage ��������������������������������������������������������58 Roadway Design����������������������������������������������������������������58 Construction Engineering ��������������������������������������������������59 Grants/Funding �����������������������������������������������������������������60 Adequacy of Personnel ���������������������������������������������������������61 Availability of Specialty Resources ����������������������������������������61 Experience ����������������������������������������������������������������������������61 Past Record / Past Performance ������������������������������������������61 Project Manager �������������������������������������������������������������������63 Design Manager ��������������������������������������������������������������������65 SECTION 3 CERTIFIED MBE 81 SECTION 4 OFFEROR’S QUALIFICATIONS 83 A� Proof of Authorization (SUNBIZ) ����������������������������������������83 B - E� Project Approach���������������������������������������������������������83 F� Subconsultants ����������������������������������������������������������������83 BCC Engineering ���������������������������������������������������������������83 The Merchant Strategy ������������������������������������������������������83 McFarland Johnson �����������������������������������������������������������84 South Florida Engineering Services �����������������������������������84 Terracon ����������������������������������������������������������������������������84 Corrosion Control ��������������������������������������������������������������85 Inframap ���������������������������������������������������������������������������85 Avirom Survey �������������������������������������������������������������������85 EDA ����������������������������������������������������������������������������������85 G� Principal Place of Business ����������������������������������������������86 25-041932 649 During the development of this proposal, we maximized the use of recycled and recyclable materials to reduce waste. CONTENTS SECTION 4 (CONT.) APPROACH 87 Project Understanding ����������������������������������������������������������87 1 Project Approach ���������������������������������������������������������������90 Project Initiation and Planning �������������������������������������������90 2 Data Gathering ������������������������������������������������������������������94 3 Stakeholder Engagement ���������������������������������������������������95 4 Preliminary Design �������������������������������������������������������������97 5 Detailed Design �����������������������������������������������������������������99 Introduction ����������������������������������������������������������������������99 Design Process ���������������������������������������������������������������100 Harmonization �����������������������������������������������������������������100 6 Cost Estimation & Timeline����������������������������������������������103 7 Permitting and Regulatory Compliance Introduction ��������104 SECTION 5 WILLINGNESS TO MEET BUDGET AND TIMELINE 108 Schedule and Budget Management Control ������������������������108 SECTION 6 LOCATION 110 SECTION 7 FINANCIAL INFORMATION 112 Financial Stability ���������������������������������������������������������������112 SECTION 8 CURRENT AND PROJECTED WORKLOAD 114 SECTION 9 REFERENCES 117 SECTION 10 GENERAL INFORMATION & FORMS 123 Company Licenses ��������������������������������������������������������������123 APPENDIX FINANCIAL STATEMENTS 138 25-041933 650 SECTION 2STANDARD FORM 330 FIRM QUALIFICATIONS 34 651 Architect-Engineer Qualifications PART I - CONTRACT-SPECIFIC QUALIFICATIONS A. CONTRACT INFORMATION 1� TITLE AND LOCATION (CITY AND STATE) Engineering Design and Environmental Review Services - San Castle - Grant Funded 2� PUBLIC NOTICE DATE January 30, 2025 3� SOLICITATION OR PROJECT NUMBER RFQ No� PWE25-009 B. ARCHITECT-ENGINEER POINT OF CONTACT 4� NAME AND TITLE Tom Brzezinski, PE / Executive Vice President 5� NAME OF FIRM Wade Trim, Inc� 6� TELEPHONE NUMBER 813�678�2634 7� FAX NUMBER N/A 8� E-MAIL ADDRESS tbrzezinski@wadetrim�com C. PROPOSED TEAM (Complete this section for the prime contractor and all key subcontractors.)PRIMEJ-V PARTNERSUBCONTRACTOR9� FIRM NAME 10� ADDRESS 11� ROLE IN THIS CONTRACT A�X CHECK IF BRANCH OFFICE Wade Trim, Inc. 9100 S� Dadeland Boulevard, Suite 1500, Miami, FL 33156 Project Management, QA/QC, Technical Advisor, Stormwater Pumping & Conveyance, Utilities Pipeline, Harmonization, Hydraulic Modeling, Conveyance Pipe Design, Pump Station, Structural Design, Water Main, Sanitary Force Main, Gravity Sewer, Constructability, Cost Estimating, Permitting, Grant Management, Utility Coordination, Bidding Assistance, Construction Engineering B�X CHECK IF BRANCH OFFICE BCC Engineering, LLC 6401 SW 87th Avenue, Suite 200, Miami, FL 33173 QA/QC, Technical Advisor, Roadway Design, Harmonization, MOT, Stormwater Drainage, Hydraulic Modeling, Grant Administration, Street Lighting, Signalization, Signing & Pavement Marking, Cost Estimating C�X CHECK IF BRANCH OFFICE Corrosion Control Inc.494 Fairplay Street Rutledge, GA 30663 Corrosion Control D�X CHECK IF BRANCH OFFICE Inframap Corp. 1100 N� Florida Mango Road, Unit 308, West Palm Beach, FL 33409 SUE Services E�X CHECK IF BRANCH OFFICE McFarland-Johnson, Inc. 4601 Sheridan Street, Suite 500 Hollywood, FL 33021 Environmental, Blue/Green Stormwater Infrastructure F�X CHECK IF BRANCH OFFICE South Florida Engineering Services, Inc. (SFES) 1224 Haywagon Trail Loxahatchee, FL 33470 Construction Inspection G�X CHECK IF BRANCH OFFICE Terracon Consultants, Inc.1225 Omar Rd� West Palm Beach, FL 33405 Geotechnical Engineering H�X CHECK IF BRANCH OFFICE The Merchant Strategy, Inc.1804 North Dixie HIghway, Suite B West Palm Beach, FL 33407 Public Outreach I�X CHECK IF BRANCH OFFICE Avirom & Associates, Inc.50 S�W� 2nd Avenue, Suite 102 Boca Raton, FL 33432 Surveying Section 2. Standard Form 330 1WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I Contract-Specific Qualifications 35 652 Architect-Engineer Qualifications PART I - CONTRACT-SPECIFIC QUALIFICATIONS (Cont�) C. PROPOSED TEAM (Cont.) (Complete this section for the prime contractor and all key subcontractors.)PRIMEJ-V PARTNERSUBCONTRACTOR9� FIRM NAME 10� ADDRESS 11� ROLE IN THIS CONTRACT J�X CHECK IF BRANCH OFFICE Electrical Design Associates, Inc� 7284 West Palmetto Park Rd, Suite 302-S, Boca Raton, FL 33433 Electrical D. ORGANIZATIONAL CHART OF PROPOSED TEAM Attached 2WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I Contract-Specific Qualifications 36 653 FORM 330 | PART I Contract-Specific Qualifications ORGANIZATIONAL CHARTDESIGN MANAGERDavid Mullen, PE (WT)* QA/QC | TECHNICAL ADVISORSFreddy Betancourt, PE, LEED AP (WT)*Victor Herrera, PE (BCC)*Gary Prenger, PE (WT)*PUBLIC OUTREACHSharon Merchant (TMS)*Signing & Pavement MarkingKeri-Ann Coore-Vickers, PE (BCC)Blue Green Stormwater InfrastructureDavid Rosa (MCF)Edil H. Pena Jimenez (MCF)MOT/TTCP/SWPPOscar Oliva, PE (BCC) Stormwater DrainageLazaro Ferrero, PE (BCC)*ROADWAY DESIGNSTORMWATER PUMPING AND CONVEYANCEUTILITIES PIPELINE LEADDavid Mullen, PE (WT)*LEAD Salome Montoya, PE (WT)*Hydraulic ModelingAJ Gutz, PE, LEED AP (WT)*Jean Pierre Valle, PE, CFM, ENV SP (BCC) Conveyance Pipe DesignSam Graybill, PE (WT)*Anthony Vecchio, PE (WT)Pump Station/Water Quality Mike Demko, PE (WT)Structural DesignJim White, PE (WT)Electrical and I&CDameion Danaldson, PE (EDA)Water mainShari Ramirez, PE (WT) *Sanitary Force MainLindsey Bohmann, PE (WT)Gravity SewerOscar Duarte, PE (WT)Modeling/AssessmentsKyle Scott (WT)PROJECT MANAGER Shari Ramirez, PE, ENV SP (WT)*PRINCIPAL-IN-CHARGETom Brzezinski, PE (WT)*CONSTRUCTION ENGINEERINGLEAD Jim Gunther, PE (WT)*InspectionAaron Cutler, CGC, PMP (SFES)Chase Jackson (WT)ConstructabilityAndy Franosz (WT)Rob Dickson (WT)Cost EstimatingDan Diponio (WT)Jean Rodriguez, PE (BCC)Drone Operation/Data CollectionChase Jackson (WT)HarmonizationDavid Mullen, PE (WT) *Carlos Morales (BCC) Roadway DesignAndrew List, PE (BCC) * •RFI •CHANGE ORDERS •SUBMITTALS •PROJECT CLOSEOUT •WARRANTIES •O&M MANUALS •SHOP DRAWINGS •COMMISSIONING •SPECIALTY SITE VISITSPermitting/BiddingShari Ramirez, PE, ENV SP (WT)*SurveyMichael J. Avirom, PSM (AVI)SUEPaul Dean Engle, PSM (INF)Andres Mauricio Garcia (INF)Geotech/HydrogeoRutu Nulkar, PE (TER)Corrosion EngineeringCraig Meier (CCI)EnvironmentalDavid Rosa (MCF)Grant AdministrationWayne Hofmann (WT)Jean Rodriguez, PE (BCC)Utility CoordinationStarr Alfonso (WT)Street LightingHendric Mendez, PE (BCC)SignalizationDacha Quintana, PE (BCC)SUPPORT SERVICESLEGENDWade Trim (WT)BCC (BCC)The Merchant Strategy (TMS)McFarland Johnson (MCF)South Florida Engineering Services (SFES)Terracon (TER)Corrosion Control Inc. (CCI)Inframap (INF)Avirom (AVI)Electrical Design Associates, Inc. (EDA)Key Personnel *LEAD Andrew List, PE (BCC)*3WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041937 654 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Shari Ramirez, PE, ENV SP, TTCP 13� ROLE IN THIS CONTRACT Project Manager / Water Mains 14� YEARS EXPERIENCE A� TOTAL 20 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim Inc� (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering, Florida International University 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 73078) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Shari is a Senior Engineer and Project Manager with 19 years of experience in design, permitting, bidding, grant administration, and construction administration of water, wastewater, and stormwater projects� She has been an engineer of record for multiple pipeline projects installed via traditional open-cut, pipe bursting, and horizontal directional drilling� She is a certified Envision Sustainability Professional and Temporary Traffic Control Professional� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) City of Miami Beach: 41st Street 20-inch Water Main Replacement (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager and Engineer of Record responsible for the design, permitting, bidding and construction administration services of 1,200 LF of 20-inch water main replacement of which 820 LF of 20-inch HDPE DR 11 was installed via Horizontal Directional Drilling (HDD) crossing under the FDOT bridge and waterway (Biscayne Aquatic Preserve) and 380 LF of 20-inch Zinc Coated Ductile Iron with V-Bio Polyethylene Encasement via open cut� The project limits were along 41st Street (State Road) from Pine Tree Dr to Collins Avenue� The water main was permitted with FDEP, FDOT, USACE, RER, and FDOH� Expedited Design, Early Permitting, Maintenance of Traffic and Stakeholder coordination were key components in the successful construction of this water main emergency repair project� (1) TITLE AND LOCATION (CITY AND STATE) City of Hollywood: Grants Management Program (Hollywood, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Engineer / Project Manager responsible for the grant management program for the City of Hollywood� The scope of work involved assisting with the identification and evaluation of available grant funding opportunities, preparation of grant/loan applications, monthly and quarterly reporting, existing and future grant administration, preparation of engineering supporting documentation, review of grant timelines and requirements� The list of projects involved water, wastewater, and stormwater infrastructure� Managed and executed the grants and loans funding applications submitted to Agencies like Broward County, FDOT, EPA, FDEO, FEMA, FDEP and others� (1) TITLE AND LOCATION (CITY AND STATE) City of Ft. Lauderdale: GT Lohmeyer WWTP 60-inch Redundant Effluent Force Main (Fort Lauderdale, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Deputy Project Manager for the GTL WWTP Redundant Effluent Force Main project� Design-Build services led by Ric-Man Construction Florida, with Wade Trim providing design, permitting, and construction administration services� The project includes design of a 60- inch PCCP FM which will be redundant to an existing aging 54-inch FM� Approximately 4,000 LF of 60-inch FM will extend from the GTL WWTP Effluent Pump Station Building and connect to the five deep injection wells� The project requires extensive coordination with Stakeholders, Utility Owners and Permitting Agencies including Port Everglades, Cruise Terminal, Broward County, Buckeye Gas, FPL, Marathon Gas, FDEP, and City of Fort Lauderdale� The Project also included roadway widening and drainage improvements along Eisenhower Blvd� (1) TITLE AND LOCATION (CITY AND STATE) City of Sunrise: Golf Village Infrastructure Improvements (Sunrise, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) 2021 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Senior Engineer/ Project Manager responsible for providing water modeling engineering analysis, basis of design report, design, and permitting services for the installation of water mains, force mains, and stormwater infrastructure� The improvements involved the design of 53,000 linear feet of water mains replacements of aging 6-inch to 12-inch PVC and asbestos pipes, upsizing existing 2-inch through 4-inch water mains, 7,000 linear feet of force main replacement of 6-inch through 10-inch asbestos pipes, and design of exfiltration trenches to address localized flooding areas� Performed reviews of existing GIS files, as-builts, topographic surveys and geotechnical reports; provided utility coordination and evaluated existing conditions utilizing the WaterGEMS model software� Prepared permit application package for jurisdictional agencies� 4WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 38 655 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Tom Brzezinski, PE 13� ROLE IN THIS CONTRACT Principal-In-Charge 14� YEARS EXPERIENCE A� TOTAL 36 B� WITH CURRENT FIRM 34 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim Group (Tampa, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MBA, Finance & BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 63602) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Tom has 36 years of experience managing, designing, and constructing various sized municipal engineering projects� With a strong background in water/wastewater/stormwater utility projects, he is well versed in a magnitude of project types and understands what it takes to deliver projects successfully� His experience includes serving as Principal-in-Charge delivering open work order type contracts, and he has performed this function for various clients� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Palm Island and Hibiscus Island Neighborhood Improvements (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2014 CONSTRUCTION (IF APPLICABLE) 2023 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor for the project oversight and technical guidance in addressing the City of Miami Beach tailwater elevation requirement� The neighborhood improvements scope included raising and reconstructing the roadways, constructing a new drainage system with pumped outfalls, new water main installation, relocation of some water services, utility undergrounding, and roadway lighting and streetscape improvements� The stormwater drainage system required designing and installing three new pump stations with outfalls to Biscayne Bay: Palm Island Pump Station No� 1 and No� 2, and Hibiscus Island Pump Station No� 1� (1) TITLE AND LOCATION (CITY AND STATE) Sunset Harbour Neighborhood Improvements (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor for the project oversight and technical guidance for this design-build project that consisted of a stormwater collection system, pump station, force main, and outfall structure to convey stormwater to Biscayne Bay� The submersible pump station was designed for 10 MGD and required an elevated control panel and access platform to keep the panel above flood elevation� (1) TITLE AND LOCATION (CITY AND STATE) 41st Street 20-inch Water Main Replacement (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor for the project oversight in the design plans development of the replacement of a 16-inch with 1,200 LF of 20-inch DI/HDPE DR 11 water main replacement that includes horizontal directional drilling� The proposed water main replacement will connect to an existing water main on Pine Tree Drive, then run west under the Indian Creek waterway (Biscayne Aquatic Preserve) to Indian Creek Drive along 41st Street (State Road)� (1) TITLE AND LOCATION (CITY AND STATE) 1163-18 FKAA Islamorada 36-inch Water Main Transmission (Islamorada, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor for the project oversight and technical guidance in the installation of 5 miles of a 36-inch steel pipe along US-1 in FDOT right-of-way from mile marker 79 to mile marker 84 in Islamorada� A 1,700-footlong subaqueous Tea Table Relief Channel crossing was included using horizontal directional drilling with HDPE pipe� The transmission main will replace an existing 30-inch- diameter pipe installed in the early 1980s� The alignment travels through a congested section of Islamorada� Due to several existing utilities in the area, the new pipe will be installed under the southbound lanes of US-1, making maintenance of traffic a significant challenge� (1) TITLE AND LOCATION (CITY AND STATE) Donut Hole Water Mains (Miami Gardens, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 CONSTRUCTION (IF APPLICABLE) 2020 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor for the project oversight and technical guidance in replacing the existing undersized and deteriorated water mains and existing main loop closures to improve systems pressure and provide fire flow protection and water service conversions within the County’s City of Miami Beach, Donut Hole service area� The project included approximately 2,000 LF of 6-inch water main, 21,400 LF of 8-inch water main, and 11,500 F of 12-inch water main, including the conversion of 506 water service from the back to the front of the properties� Prepared permits for the water mains, provided CADD design revisions, and located optimal points for air release valves� 5WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 39 656 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Freddy Betancourt, PE 13� ROLE IN THIS CONTRACT QA/QC & Technical Advisor 14� YEARS EXPERIENCE A� TOTAL 26 B� WITH CURRENT FIRM 3 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Orlando, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Engineering & BSE, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 68072) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Freddy serves as our Water Resources Group National Pipeline Technical Lead where he focuses on growing our conveyance practice across the country while serving water and wastewater clients in Florida� He brings 25 years of experience in water transmission and distribution and wastewater collection with expertise in rehabilitation, design, trenchless technologies, and construction management� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) 41st Street 20-inch Water Main Replacement (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM QA/QC for the design, bid, and construction administration services for 1,200 LF of 20-inch water main replacement, including horizontal directional drilling� The proposed replacement will connect to an existing water main on Pine Tree Drive, then west under the Indian Creek waterway (Biscayne Aquatic Preserve) to Indian Creek Drive along 41st Street (State Road)� Permitting will be obtained from FDOT, USACE, RER, and FDEP� (1) TITLE AND LOCATION (CITY AND STATE) East Sunrise Water Main Improvements (City of Sunrise, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) 2019 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM QA/QC Advisor responsible for preparing construction documents and associated permits for replacing over 35,000 LF of water main in the adjoining communities of Escape and Valencia� The project involved pipe-bursting existing aging water mains and replacing them with size-on-size pre-chlorinated and pressure-tested HDPE water mains� Existing water services, meter boxes, gate valves, and fire hydrants were replaced� Milled, resurfaced, and re-striped portions of the community’s pavement� Post-design services included assistance with construction observation, certificates of completion, and requests for information during construction� (1) TITLE AND LOCATION (CITY AND STATE) Jupiter Inlet Colony Neighborhood Rehabilitation Project; Jupiter Inlet Colony, FL, Loxahatchee Environmental Control District (Jupiter, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) 2020 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager/Engineer of Record for the design of two microtunneling sections for this �75-mile, redundant effluent force main in a congested corridor� Microtunneling was selected based on groundwater conditions, known contamination in the area, and rock that is deep enough for trenchless construction� A 78-inch internal diameter microtunnel will be mined to house the 60-inch force main� (1) TITLE AND LOCATION (CITY AND STATE) Southeast Seminole Heights Flooding Relief (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor for design of stormwater conveyance, water main, and street improvements completed under progressive-design- build delivery method� Stormwater conveyance covered 15,000 LF encompassing box culverts, round culverts, laterals, inlets, interconnections to the existing stormwater system, and associated utility construction� Water main improvements included 17,000 LF of water mains, fire hydrants, water main adjustments, and all associated structures, manholes, removals, meters, and surface restoration� Street analysis and improvements include bike ramps and sidewalk design� (1) TITLE AND LOCATION (CITY AND STATE) 13th Street Stormwater Improvements Project (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2008 CONSTRUCTION (IF APPLICABLE) 2010 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer for the 13th Street Stormwater Improvements Project for the City of Tampa, FL� This project was a component of the 12th Street Force Main Replacement Project which included design and construction of 24,000 ft of 24, 42 and 48” force main replacement� Mr� Betancourt participated in the preparation of 30, 60, 90, and 100% plans, public outreach and construction services for 2,050 LF of 24 and 36-inch diameter reinforced concrete pipe (RCP) and 36 x 54 stormwater inlets� 6WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 40 657 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Gary Prenger, PE 13� ROLE IN THIS CONTRACT QA/QC & Technical Advisor - Electrical 14� YEARS EXPERIENCE A� TOTAL 30 B� WITH CURRENT FIRM 3 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Cleveland, OH) 16� EDUCATION (DEGREE AND SPECIALIZATION) MBA, Systems Management & BS, Electrical Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 78934) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Gary has 30 years of experience providing electrical systems designs for water treatment plants� He designs power distribution systems, standby power generator systems, SCADA systems, motor controls, adjustable frequency drives and facility lighting� He also has experience in diagnosing faulty electrical systems and providing cost effective remedies� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Lift Station 87 Wet Weather Flow Transfer (St. Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Electrical Engineer responsible for providing services for the design of a wet weather pump station and associated force main to balance wet weather flow between the Southwest and Northwest facilities during wet weather events� Pre-construction services for this progressive design-build project included an expedited schedule, utility coordination, value engineering, constructability analysis, permitting, and assisting the design-builder with developing a guaranteed maximum price for a new 3�5-MGD lift station, gravity sewer replacement, and approximately 2 miles of 16-inch force main installed via open-cut, jack-and-bore, and horizontal direction drill (HDD) construction methods� (1) TITLE AND LOCATION (CITY AND STATE) Plantation Bay WTP Improvements and Beverlay Beach Booster Station (Orlando, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2024) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Electrical quality control review for the upgrade of electrical systems, including motor control centers, variable frequency drives and backup diesel generator� (1) TITLE AND LOCATION (CITY AND STATE) Lift Station 01 Replacement Design (Orlando, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Electrical Engineer for design of a new booster pump station� The design of a new 480V electrical distribution system, including VFDs, and a standby diesel generator for four inline booster pumps� (1) TITLE AND LOCATION (CITY AND STATE) Park Road Collection System Expansion (Plant City, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Electrical Engineer responsible for providing electrical QC review� The project involved the rehabilitation of a 1�02-BGD influent pump station and rebuilding of existing pumping units, enhancing major process piping and valves, and evaluating and implementing a variable speed controller system, including VFDs and eddy current drives� (1) TITLE AND LOCATION (CITY AND STATE) Dentrification Filter Rehab at South Cross Bayou WRF (Clearwater, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2024) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Electrical Engineer providing services for rehabilitating a filtration system that will operate within the limits of existing permit limitations while providing greater reliability with less maintenance� These services are needed as the existing system is experiencing multiple failures concerning instrumentation, mechanical process, chemical feed, and media components� 7WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 41 658 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME David Mullen, PE, ENV SP 13� ROLE IN THIS CONTRACT Design Manager/Stormwater Pumping and Conveyance Lead/Harmonization 14� YEARS EXPERIENCE A� TOTAL 12 B� WITH CURRENT FIRM 12 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Environmental Engineering; BS, Civil Engineering; BS, Environmental Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 84384) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) David brings 12 years of experience in design, permitting, and construction engineering for pipeline and stormwater projects� He acts as an effective liaison between the owner, engineer, and contractor, making sure communication is strong and issues are addressed� David is also adept at working with regulatory agencies and reviewing design and construction for permit requirements� Additionally, David has his PACP, LACP, and MACP certification� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Palm and Hibiscus Improvements (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2014 CONSTRUCTION (IF APPLICABLE) 2023 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Engineer for neighborhood improvements including raising and reconstructing the roadways, constructing a new drainage system with pumped outfalls, new water main installation, relocation of some water services, utility undergrounding, and roadway lighting and streetscape improvements� Several thousand feet of stormwater piping carried flow to two pump stations with capacities of 32cfs and 47cfs with fuel standby generators� Harmonization needs added by the owner at the beginning of construction required design modifications to the pump stations� David stayed in the field during construction to confirm design intent was maintained and the pump station was adequately sized during this evolving project� (1) TITLE AND LOCATION (CITY AND STATE) Sunset Harbour Pump Stations (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Resident Engineer responsible for assisting in the redesign of the pump station discharges to outfall structures� In addition, the collection system improvements were designed and constructed to remove water from the streets faster, and to tie the collection systems for each of the pump stations together for added reliability� Replaced 6,000 LF of water main with 12-inch-diameter lines� Street and sidewalk elevations were raised to ensure they were above the anticipated sea level during seasonal high tides� The elevation change required unique harmonization features for each building entrance, patio, and driveway� EOR for micro pump stations added to address localized flooding concerns in lower lying patios and building entrances� (1) TITLE AND LOCATION (CITY AND STATE) Bioswale Construction Services (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC�) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Assisted with RFI responses and design changes based on differing field conditions� Project consisted of design, permitting, and construction inspection of the first 3 Bioswale’s within Miami Beach designed to pretreat or retain stormwater runoff before discharge into the pristine waters of the Biscayne Bay� (1) TITLE AND LOCATION (CITY AND STATE) Palm and Hibiscus New Drainage Directive Implementation (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) 2023 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC�) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer of Record responsible for analysis and implementation of Miami Beach new drainage directive and Resolution No� 2019- 30683 requiring the optional private drainage extension for private properties affected by road raising projects� Site specific drainage designs were completed for 144 properties and were determined to be eligible for private drainage improvements with 60 properties opting into the project� A total of 8 DERM CLII permit packages were submitted for construction and incorporated� (1) TITLE AND LOCATION (CITY AND STATE) 1st Street (Alton Road to Washington Avenue) (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2017 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC�) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Design engineer responsible for raising roads, upsizing stormwater infrastructure, and a stormwater pump station with treatment units� The project consisted of designing multiple variations of streetscape enhancements, including an option with dedicated valet lane to improve traffic flow through the area� The streetscape beautification component of the project included greenspace, pedestrian safety, street and landscape lighting, and pavement material improvements� 8WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 42 659 WADE TRIM NAME OF COMPANY | REF.# | PROJECT NAME/TITLE E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Salome Montoya, PE 13� ROLE IN THIS CONTRACT Utilities Pipeline Lead 14� YEARS EXPERIENCE A� TOTAL 10 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 95079) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Salome is a Civil Engineer with over 10 years of experience in design, and construction on multiple civil infrastructure projects� Her design experience includes pump station projects, installation of multiple large and small diameter water mains, and force mains design projects, including various pipeline installations through trenchless technologies such as micro tunneling, directional drilling, Jack and Bore, and slip lining� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Islamorada Transmission Subaqueous Crossing (Islamorada, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer assisting with the project which included five miles of 36-inch-diameter steel pipe installation along US-1 in FDOT right-of-way� Included is a 1,700-foot-long subaqueous crossing of Tea Table Relief Channel using horizontal directional drilling with HDPE pipe� The transmission main replaced an existing 30-inch-diameter pipe installed in the early ‘80s� The alignment travels through a congested section of Islamorada� Due to several existing utilities in the area, the new pipe was installed under the southbound lanes of US-1, making maintenance of traffic a significant challenge� (1) TITLE AND LOCATION (CITY AND STATE) GT Lohmeyer WWTP Redundant Effluent Force Main (Fort Lauderdale, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC�) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Project Engineer for completing compliance assurance and providing design supervision for the design of a �75-mile, redundant 60-inch effluent force main through a congested corridor� The project includes integrating diverse installation methods such as above- grade, open-cut, and encased microtunneling to address site challenges� (1) TITLE AND LOCATION (CITY AND STATE) Northwest 32nd Avenue Redundant 36-inch Force Main (Miami, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing (est� 2026) CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2027) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer for the route analysis, design, bid and construction administration services for 15,200 LF of 36-inch force main redundant pipeline� The large diameter force main is to be installed via open-cut and trenchless construction methods along NW 32nd Ave or selected route, across SFWMD C-8 canal and across FDOT SR 826 road� Permitting coordination includes multiple stakeholders and agencies through various municipalities� (1) TITLE AND LOCATION (CITY AND STATE) Phase 3C Regional Interconnect (Sarasota, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2023 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer who assisted with the routing and feasibility study to evaluate route options and infrastructure requirements to enable regional connection with the Manatee County water system� Evaluations included pipeline routes, sizing, new pumping/trim facility needs and locations, and modifications to existing county and regional facilities needed to support this critical system interconnectivity project� This study refined estimated costs for all proposed new facilities and facility improvements� (1) TITLE AND LOCATION (CITY AND STATE) Golf Village Infrastructure Improvements (Sunrise, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 CONSTRUCTION (IF APPLICABLE) 2021 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Civil Designer for water modeling engineering analysis, design, permitting, and bidding services for installing water mains, force mains, and stormwater infrastructure� Performed reviews of existing GIS files, as-builts, topographic surveys, and geotechnical reports; provided utility coordination and evaluated existing conditions utilizing WaterGEMS Model� Prepared permit application packages for jurisdictional agencies and provided bidding assistance� The improvements involved the design of water mains replacements of aging 6-inch to 12-inch PVC and asbestos pipes, upsizing existing 2-inch through 4-inch water mains, 6-inch through a 10-inch asbestos force main replacement, and design of exfiltration trenches to address localized flooding areas� Prepared a Basis of Design Report to present the decisions, assumptions, and design parameters to develop construction documents for the project� 9WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 43 660 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Jim Gunther, PE 13� ROLE IN THIS CONTRACT Construction Engineering Lead 14� YEARS EXPERIENCE A� TOTAL 38 B� WITH CURRENT FIRM 4 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Tampa, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 45231) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Jim has 38 years of experience in wastewater and water engineering as a design engineer and resident construction engineer� He has considerable experience in the various trenchless methods of pipeline construction, including micro tunneling, HDD, jacking and boring, and hand-mining using tunnel liner plates� He is primarily responsible for field construction services, water and wastewater pipeline design, pumping station design, and water and wastewater treatment plant design� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Harbour Island Sanitary Force Main Replacement (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer during design performing QA/QC reviews and cost estimates, including preparing detailed sequence of construction and assisting in providing construction engineering and inspection services for 2 miles of 54-inch diameter DIP force main, 3,360 LF of 54-inch diameter fiber reinforced polymer mortar (FRPM/Hobas Pipe) force main, 1 mile of 48-inch diameter DIP reclaimed water main, twin 600 LF 73�5-inch-diameter steel pipe micro tunnels under the Port Tampa entrance, three 72-inch diameter steel pipe jack and bores under CSX railroad crossings, and a record-setting 3,200 LF of 78-inch diameter steel pipe micro tunnel under the Ybor Turning Basin from Berth 251 in Port Tampa to Cotanchobee Park in downtown Tampa� Tasks include value engineering, RFI responses, shop drawing reviews, construction team management, and oversight� (1) TITLE AND LOCATION (CITY AND STATE) Lift Station 87 Wet Weather Flow Transfer (St. Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Construction Engineer in charge of a part-time Senior Inspector making weekly site visits during construction to determine if work was performed in accordance with the Contract Documents� Work involved performing QA/QC review of the force main route selection/ determination during preliminary design services� The project included a new wet weather lift station, 16,000 LF of 16” force main, replacement of six sanitary sewer manholes, 320 LF of 8” sanitary sewer, 175 LF of 24” sanitary sewer and 190 LF of 30” sanitary sewer� (1) TITLE AND LOCATION (CITY AND STATE) Gibsonton Septic to Sewer Conversion (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer responsible for assisting with the design and permitting to convert more than 1,300 parcels from septic sewer to vacuum sewer technology and conveying flow to a nearby force main� Work includes roadway and water main improvements� Additionally, 121,600 LF of vacuum sewer, 18,500 LF of 16-inch force main, and 76,600 LF of up to 18-inch water main is to be installed� There is also 121,600 LF of roadway restoration that will be required� (1) TITLE AND LOCATION (CITY AND STATE) Southeast Seminole Heights Flooding Relief (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Resident Engineer providing construction engineering and inspection services, including document management, change management, oversight of two full-time City CAD CMD senior inspectors, and construction coordination for a major stormwater project� This progressive design-build project includes improvements for the stormwater conveyance of 15,780 LF of 4-foot-by-7-foot precast box culvert and 15- to 72-inch reinforced concrete pipe (RCP), 3,290 LF of 8-inch PVC wastewater gravity sewer collection, 18,000 LF of 4- to 12-inch ductile iron water distribution mains, micro tunneling 269 LF of 72-inch Class V RCP jacked pipe under I-275, and all structures, manholes, and inlets including an outfall structure constructed on the Hillsborough River via a steel sheet piling type cofferdam� Providing QA/QC review of 60% and 90% plans, preparation of 60% and 90% specifications, stormwater RCP load calculations for pipe class, and bedding class selection during design� 10WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 44 661 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME AJ Gutz, PE, LEED AP 13� ROLE IN THIS CONTRACT Hydraulic Modeling 14� YEARS EXPERIENCE A� TOTAL 22 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Cleveland, OH) 16� EDUCATION (DEGREE AND SPECIALIZATION) ME, Civil Engineering, University of Florida BS, Civil Engineering, Michigan State University 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: FL #65003 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) AJ brings over two decades of experience in stormwater management system design, site civil design, stream restoration, green infrastructure, surface water modeling, stormwater quality management, and coastal engineering� This experience provides him the ability to identify and navigate design and construction constraints� His project experience spans multiple states serving communities, counties, large utilities, and private developers 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Design-Build of Lockhart WTP Expansion, Hernando County, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Site Civil Engineer for the expansion of the Lockhart Water Treatment Plant� The project involved the construction of two new ground storage tanks and a high service pump station building to serve the plant expansion, as well as a modification and expansion of the existing stormwater control facility� Led site grading, stormwater management system, and permitting activities� Responsible for the design and permitting of the expansion of the existing dry retention and swale system serving the expanded project site� (1) TITLE AND LOCATION (CITY AND STATE) Sanitary Sewer Overflow Control, City of Cleveland Heights, OH (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Senior Engineer for the design of sanitary and water system upgrades, pre and post-construction monitoring and hydraulic modeling, management of maintenance activities, regulatory support, permitting, reporting, funding assistance, and construction management� (1) TITLE AND LOCATION (CITY AND STATE) Advanced Stormwater Planning of Big Creek West Branch Problem Areas, Northeast Ohio Regional Sewer District, Cleveland, OH (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager providing Advanced Stormwater Planning services by reviewing existing conditions to understand local and regional flood impacts, developing and evaluating project alternatives to mitigate regional flooding, and proposing project phasing for the recommended alternative� (1) TITLE AND LOCATION (CITY AND STATE) Engaging Dugway Communities in Designing Stream and Wetland Restoration, Chagrin River Watershed Partners, Willoughby, OH (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager for feasibility study to determine benefits of creating an open channel drainage system through the City of Cleveland’s Glenview Park� The area around the park is subject to significant flooding, and the open channel could potentially mitigate� Worked collaboratively with City Parks to determine how stormwater features and utility relocations could complement park updates and amenities� (1) TITLE AND LOCATION (CITY AND STATE) Tampa Bay Desalination Facility Intake Connection Improvements, Phase II, Tampa Bay Water, Tampa, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Site Civil Engineer for the construction of the improvements to the Tampa Bay Water Intake facility� The project involved the construction of a new pump house to serve new pumps to provide water from Tampa Bay to the desalination facility� The facility, located at TECO’s Big Bend power station, was directly adjacent to Tampa Bay, necessitating careful coordination with FDEP and Hillsborough County EPC to ensure regulatory requirements were met� Led the design teams stormwater management design and permitting approach� The grading for the site was conducted to route runoff away from Tampa Bay and to the existing collections systems� Calculations were completed to demonstrate that the receiving system could accommodate the additional runoff without adverse impacts� Supported efforts by the contractor related to dewatering pumping to ensure no impacts to Tampa Bay� ERP and dewatering permits were obtained in time to meet the planned construction schedule� 11WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 45 662 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Sam Graybill, PE 13� ROLE IN THIS CONTRACT Conveyance Pipe Design 14� YEARS EXPERIENCE A� TOTAL 14 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim, Inc� (Tampa, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Wastewater and Stormwater Engineering, University of Florida BS, Civil Engineering, Florida Atlantic Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: FL #81326 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Sam has over 14 years of experience as a project engineer and project manager� She has completed the design and construction of improvements for water distribution mains, sanitary collection mains, supply wells, and facility assessments which require significant coordination with regulatory agencies and a thorough knowledge of permitting procedures� She is well versed in the process for obtaining permits for construction as well as working with clients to maintain permits for overall facility compliance� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) South Patrick/Riverside Drive Force Main Improvements, Ground Storage Tank, and South Beaches Collection System Improvements Brevard County Utilities Department, Melbourne, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager for the assessment of the existing So� Beaches wastewater collection system� SewerGems and Optimatics were used to analyze recommendations for improvement and prioritize them for implementation� All recommendations resulted in additional design efforts under the South Patrick / Riverside Drive Force Main Improvements, Ground Storage Tank and South Beaches Collection System program� The Assessment was completed in October 2024� (1) TITLE AND LOCATION (CITY AND STATE) Riverside Drive 30” Parallel Force Main Coordination with FDOT Brevard County Utilities Department, Melbourne, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager for the design of 600 LF of 30” force main that will be constructed parallel to the existing 24” force main operating between LS B-20 and LS B-01 along South Patrick / Riverside Drive� A portion of this design will be completed under an FDOT milling and resurfacing project (FPID: 448792-1) in this area� An additional 7,600 LF of the 30” parallel force main will be completed outside the FDOT project area� All designs for this project will be completed in 2025� (1) TITLE AND LOCATION (CITY AND STATE) Jupiter Inlet Colony Neighborhood Rehabilitation, Jupiter Inlet Colony, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES 2015 CONSTRUCTION (IF APPLICABLE) 2018 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer for providing construction management and engineer of record services for the Jupiter Inlet Colony Neighborhood Rehabilitation� The project consisted of a new gravity sewer system and lift station, replacement of existing cement asbestos potable water main, a new stormwater drainage system consisting of 5,500 LF of exfiltration trench, and roadway reconstruction� This project was a joint project (developed through an Interlocal Agreement) between the Loxahatchee River District (sewer authority), the Village of Tequesta (water utility), and Jupiter Inlet Colony� (1) TITLE AND LOCATION (CITY AND STATE) South Howard Utilities Improvements Project City of Tampa, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (est� 10/2029) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager for the upgrade and relocation of approximately 6,000 LF of various sized water main and approximately 3,200 LF of gravity sewer to accommodate proposed stormwater conveyance improvements to serve South Howard Avenue and the surrounding neighborhoods and watershed� This work is being completed as part of a design-build contract for the City with additional efforts including a route study to determine the optimal path for infrastructure along with a streetscape improvement plan� Design efforts are expected to start in early 2025� 12WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 46 663 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Anthony Vecchio, PE 13� ROLE IN THIS CONTRACT Conveyance Pipe Design Engineer 14� YEARS EXPERIENCE A� TOTAL 10 B� WITH CURRENT FIRM �5 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Tampa, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 94615) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Anthony has 10 years of experience working on water, wastewater, and stormwater infrastructure projects, the majority of which have consisted of designing the replacement and rehabilitation of water mains and sewers� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) GT Lohmeyer WWTP Redundant Effluent Force Main (Fort Lauderdale, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM QA/QC Reviewer of the 60% and 90% design plans� The project involved hydraulic modeling, design, permitting, and construction administration to the City of Fort Lauderdale for the installation of approximately 4,000 LF of 60-inch redundant effluent force main via open cut and microtunnel trenchless method� The project involves design and construction of the force main, line stops, relocation of third-party utilities, hydraulic and transient modeling, modification to 5 disposal injection wells, modifications to the effluent pump station manifold, bypass pumping and flow metering, electrical and instrumentations modifications, replacement/design of stormwater facilities� (1) TITLE AND LOCATION (CITY AND STATE) Southern Hilsborough County Supply Expansion Pipelines (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM QA/QC Reviewer of 60% design plans for 18 miles of 42-, 54-, and 60-inch steel water transmission main� Managed plan production involving restoration, tree removal and protection, stormwater BMPs, and impacts to wetlands and other surface waters� Project included 14 trenchless installations, six creek/river crossings, and a CSX railroad crossing� (1) TITLE AND LOCATION (CITY AND STATE) I-270 at Watkins Mill (Washington Suburban Sanitary Commission, Laurel, MD) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2016 CONSTRUCTION (IF APPLICABLE) 2020 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer for relocating a 48-inch water main and 12- and 15-inch sewer to support the construction of an interchange between I-270 and Watkins Mill Road� Responsible for designing the profile and horizontal alignment for 1 mile of 15-inch gravity sewer relocation, 1,500 LF of the 48-inch water main, ensuring the 48-inch water main crossed above the proposed sewer at three locations, determining the sewer flow design, and sequencing sewer construction� (1) TITLE AND LOCATION (CITY AND STATE) Boot Lake Pump Station (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer for the design of a stormwater pump station to replace an existing pump station that periodically pumps water from Boot Lake to Lake Carroll to maintain permitted water levels� The project involved coordination with TECO to relocate transformers and involved frequent collaboration with the property owner, whose property has a county easement on it for this infrastructure� (1) TITLE AND LOCATION (CITY AND STATE) Partin Settlement Road Utility Relocation (Kissimmee, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer for designing the relocation of 6,170 LF of 8- to 24-inch water mains, 4,540 LF of 2- to 8-inch force mains, and 1,730 LF of 8- and 12-inch reclaimed water mains due to widening Partin Settlement Road� Line stops were often required due to the shortness of many relocations and the need to keep the mains in service� 13WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 47 664 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Mike Demko, PE 13� ROLE IN THIS CONTRACT Pump Station Engineer / Water Quality 14� YEARS EXPERIENCE A� TOTAL 26 B� WITH CURRENT FIRM 6 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Palm Bay, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MBA, Business Administration & BS, Environmental Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 60454) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Mike has 26 years of civil and environmental engineering experience including the design of wastewater pumping stations from 350 gpm to 500 mgd� He has performed pump station evaluations, condition assessments, design of modifications, demolition, and complete replacement� Mike has also designed force mains and gravity collection systems for residential areas� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Flow Diversion from Falkenburg WWTP to Valrico WWTP (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer for evaluation and preliminary design of the 27-MGD at the 123-foot TDH Miller Road Master Pump Station� The project was designed to reduce the flow heading to the Falkenberg AWTP, which was reaching capacity, and redirect it to the Valrico AWTP� Provided condition assessments for several existing stations in the system, pump sizing, wet-well calculations, site layout, and design criteria� The pump station will be a self-cleaning trench-style wet well to reduce maintenance and odors� (1) TITLE AND LOCATION (CITY AND STATE) Southeast Seminole Heights Flooding Relief (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM QAQC review for the design of stormwater conveyance, water main, and street improvements completed under progressive-design- build delivery method� Stormwater conveyance covered 15,000 LF encompassing box culverts, round culverts, laterals, inlets, interconnections to the existing stormwater system, and associated utility construction� Water main improvements included 17,000 LF of fire hydrants, water main adjustments, and all associated structures, manholes, removals, meters, and surface restoration� Street analysis and improvements include bike ramp and sidewalk designs� (1) TITLE AND LOCATION (CITY AND STATE) Stormwater Lift Stations Rehabilitation (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager and Lead Engineer for the inspection and rehabilitation recommendation of four lift stations� Performed condition assessments for all four pump stations to determine and inventory current conditions� Reviewed record drawings, maintenance logs, run time reports, as well as permit information including issued permits and regulatory inspections� Interviewed City operations staff to gain input on their issues and concerns� Inspection forms were completed and photographs were taken for inventory documentation� Authored a technical memorandum including a project background, evaluation criteria, condition overview, and a prioritized list of recommended improvements for each pump station with cost estimates� (1) TITLE AND LOCATION (CITY AND STATE) Lift Station C-01 Rehabilitation (Melbourne, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 CONSTRUCTION (IF APPLICABLE) 2021 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager providing design calculations, specifications, drawings, and coordinated permitting with FDOT and FDEP for a 184- GPM pump station� Coordinated frequently with other utility providers due to a congested force main corridor and a lack of record drawings for many existing utilities� Worked with Merritt Island High School to maintain service and access to the school because the station is located directly in front of the school� (1) TITLE AND LOCATION (CITY AND STATE) South Central Regional Wastewater Treatment Facility Pump Station Rehabilitation (Melbourne, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager and Engineer of Record for the design and construction of two RAS and two WAS pumping stations� The work included piping replacement, pump replacement, meter replacement, and electrical upgrades� 14WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E ResumesFORM 330 | PART I: E Resumes 48 665 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Jim White, PE 13� ROLE IN THIS CONTRACT Structural Design Engineer 14� YEARS EXPERIENCE A� TOTAL 39 B� WITH CURRENT FIRM 29 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Detroit, MI) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 71068) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Jim White is a structural engineer who has focused on wastewater, wet weather improvement and water projects� His pragmatic approach to finding the most cost-effective solution generates designs that mix time-tested techniques and new methods� Skilled in building information modeling (BIM), he uses this tool to streamline the design process, fine tune layouts, and sequence work to minimize impacts to existing operations� Whether he is evaluating the structural integrity of a wet well, designing the foundation for a concrete tank, or rehabilitating a roof, Jim builds on past experience to deliver a practical, operator-friendly design� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Flow Diversion from Falkenburg WWTP to Valrico WWTP (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Structural Engineer for the redirection of up to 3 MGD of wastewater from the Mitchell Road Master Pump Station to the Valrico AWTP via the Clay Avenue pump station and existing 24-inch discharge force main and evaluating the opportunity to divert 1�3 MGD from Nature’s Way pump station to Valrico AWTP via the Miller Road pump station� The project tasks included four pump station evaluations, retrofitting, and redirection of flows to maximize the capacity and life of the existing AWTPs� The scope items included design and engineering, alternative analysis, permitting, public outreach and involvement, electrical engineering and controls, SCADA system compliance, odor control, and construction inspection services� (1) TITLE AND LOCATION (CITY AND STATE) GT Lohmeyer WWTP Redundant Effluent Force Main (Ft. Lauderdale, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Structural Engineer for the hydraulic modeling, design, permitting, and construction administration services for the installation of approximately 4,000 LF of 60-inch redundant effluent force main via open cut and microtunnel trenchless method� The project involved design and construction of the force main, line stops, relocation of third-party utilities, hydraulic and transient modeling, modification to 5 disposal injection wells, modifications to the effluent pump station manifold, bypass pumping and flow metering, electrical and instrumentations modifications, replacement/design of stormwater facilities� (1) TITLE AND LOCATION (CITY AND STATE) Gibsonton Septic to Sewer Conversion (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Structural Engineer for assisting with the design and permitting to convert more than 1,300 parcels using septic sewer to vacuum sewer technology and conveying flow to a nearby force main� Work included roadway and water main improvements� Additionally, 121,600 LF of vacuum sewer, 18,500 LF of 16-inch force main, and 76,600 LF of up to 18-inch water main was installed� There was also 121,600 LF of roadway restoration� (1) TITLE AND LOCATION (CITY AND STATE) Lift Station 87 Wet Weather Flow Transfer (St.Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2022 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Structural Engineer for a new 3�5-MGD lift station and force main to transfer flows between two treatment plants� Designed foundation and 12-foot acoustical enclosure for this unique structure that provides the flexibility to roll the pumps out and relocate them� (1) TITLE AND LOCATION (CITY AND STATE) CS-102 Rehabilitation of Pump Station 1 Improvements (Detroit, MI) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2029) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Structural Engineer providing professional engineering, study, design, bid and negotiation, construction administration, system operation and maintenance manual development, and operator training services in connection with the PS-1 raw sewage pumping station improvements at the GLWA Water Resource Recovery Facility (WRRF)� The project involved a wet weather design capacity of 1,225 MGD raw sewage� Work included rehabilitation and rebuilding of existing pumping units; improvements to major process piping and valves; potential addition of a variable speed controller (including VFD’s and eddy current drives at a minimum); facility architectural, electrical, instrumentation, structural and HVAC improvements� 15WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 49 666 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Lindsey Scott, PE 13� ROLE IN THIS CONTRACT Sanitary Force Main Engineer 14� YEARS EXPERIENCE A� TOTAL 7 B� WITH CURRENT FIRM 5 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Tampa, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BSE, Environmental Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 93130) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Lindsey has 7 years of experience in the water/wastewater industry with a focus on pipeline design of water main, reclaim water main, force main, gravity sewer, and alternative sewers� She has designed pipelines up to 72 inches in diameter using construction techniques such as open cut, direction drill, jack and bore, and microtunneling� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Southeast Seminole Heights Flooding Relief (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Pipeline Engineer for designing 18,000 LF of water main from 6 to 24 inches in diameter and aiding the production of storm and gravity sewer plans using Civil 3D� Coordinated with the storm, roadway, and gravity sewer groups throughout the design� Performed ongoing plan revision through the construction services phase and observed construction� (1) TITLE AND LOCATION (CITY AND STATE) Harbour Island Sanitary Force Main Replacement (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Design Engineer for approximately 14,000 LF of 54-inch force main and 5,000 LF of 48-inch reclaimed water line to be constructed via open cut, jack and bore, and microtunnel� Tasks included conducting utility coordination to locate conflicts, creating the construction plan set, utilizing Civil 3D for both pipelines’ horizontal and vertical design, and performing ongoing plan revisions through the construction services phase� (1) TITLE AND LOCATION (CITY AND STATE) Pasadena 36-inch Force Main Replacement (St. Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2024) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineering Assistant for utility coordination to locate conflicts for a proposed 36-inch force main� Project tasks included assisting with Civil 3D vertical and horizontal alignment design, identifying the restoration limits, and updating the engineer’s cost estimate� (1) TITLE AND LOCATION (CITY AND STATE) Gibsonton Septic to Sewer Conversion (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Design Lead for implementing a new vacuum wastewater collection system to eliminate septic tanks along the near shore water of Tampa Bay� The scope included the design for the removal and replacement of all water mains in the Gibsonton service area constructed of asbestos cement pipe and the design of a new vacuum collection system� Responsible for collecting data, reviewing existing County utilities, identifying properties that require easements, preparing design plans, permitting, and managing design engineers and subconsultants� (1) TITLE AND LOCATION (CITY AND STATE) Park Road Collection System Expansion (Plant City, MI) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Design Engineer for expanding service along Park Road for future development� The design included hydraulic modeling and route evaluation, resulting in a duplex pump station and 1,500 LF of force main� 700 LF of the force main is an 8-inch open cut, and the remaining 750 LF is a 10-inch HDD� Construction is under a CMAR contract, and Wade Trim will provide CEI services� 16WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 50 667 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Starr Alfonso 13� ROLE IN THIS CONTRACT Utility Coordination 14� YEARS EXPERIENCE A� TOTAL 2 B� WITH CURRENT FIRM 1 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Environmental Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) N/A 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Starr has over two years of experience as a Water Resources Engineer providing technical planning, design, and construction support on various water projects including system planning, combined sewer overflow, collection system, pump station, water, stormwater, conveyance, process design, hydrologic and hydraulic models, and other wastewater projects� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Northwest 32nd Ave Redundant 36-inch Force Main (Miami, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing (est� 2026) CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2027) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer responsible for providing utility coordination, reporting, as-builts, plans development,and restraint calculations for the design and construction of a force main system, including route selection, study report, and permitting� (1) TITLE AND LOCATION (CITY AND STATE) 41st Street 20-inch Water Main Replacement (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer assisting on-site inspection of 20-inch DI/HDPE DR 11 water main replacement that includes horizontal directional drilling� The proposed water main replacement connected to an existing water main on Pine Tree Drive then west under the Indian Creek waterway (Biscayne Aquatic Preserve) to Indian Creek Drive along 41st Street (State Road)� (1) TITLE AND LOCATION (CITY AND STATE) GT Lohmeyer WWTP Redundant Effluent Force Main (Ft. Lauderdale, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer responsible for providing support for the design, permitting, construction, testing, and startup of the GT Lohmeyer WWTP� The project included the installation of approximately 4,000 linear feet of 60-inch redundant effluent force main via open cut and microtunnel trenchless method� (1) TITLE AND LOCATION (CITY AND STATE) Peace River Brackish Wellfield Project (Arcadia, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer responsible for maintaining the status log, preparing and reviewing shop drawings for the preliminary design of a new 15-MGD brackish raw groundwater wellfield, reverse osmosis treatment facility, concentrate injection wells, and conveyance piping� (1) TITLE AND LOCATION (CITY AND STATE) SOIRL S2S Conversion Program (Melbourne, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing (est� 2025) CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer responsible for providing assistance on roadway improvement drawings� The project involves designing and permitting for 3 separate service areas using vacuum technology, gravity sewer, or a combined hydrid approach� Funding for this project is from the Save Our Indian River Lagoon initiative� 17WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 51 668 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Oscar Duarte, PE 13� ROLE IN THIS CONTRACT Gravity Sewer Engineer 14� YEARS EXPERIENCE A� TOTAL 34 B� WITH CURRENT FIRM 13 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Palm Bay, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Environmental Engineering & BS, Mechanical Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 6058) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Oscar’s 34 years of experience cover a full range of wastewater collection, gravity sewer, transmission, treatment, and effluent disposal planning� He emphasizes the design and construction of gravity and vacuum wastewater collection systems, but he has also incorporated hybrid systems using low-pressure technology in remote areas� He has led the design of major septic-to-sewer projects for the Village of Islamorada, Brevard and Hillsborough Counties, the City of Palm Bay, the FGUA, and the Carolinas� Oscar has also worked closely with the Florida Department of Environmental Protection to pursue SRF loans and Spring grants to assist clients in funding various needed projects� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) American Beach Water and Sewer Improvements (Orlando, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Lead Design Engineer responsible for the State Revolving Fund pursuit and preliminary design to remove 233 low-income residents from septic systems to centralized sewer� The project initially evaluated various technologies such as vacuum sewer, low pressure, and gravity sewer as part of the facilities plan for state funding� The project resulted in the design of 16,312 LF of 8-inch gravity sewer and 18,480 LF of 6-inch potable water mains throughout the community� (1) TITLE AND LOCATION (CITY AND STATE) SOIRL S2S Conversion Program (Viera, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing (est� 2025) CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager for five projects within the septic to sewer conversion program for the Brevard County Utilities Department� The various service areas required the design and permitting of new collection systems for several coastal neighborhoods located on and around Merritt Island� The collection system designs include approximately 9,700 LF of 8” gravity sewer and 119,000 LF of various sized vacuum sewer mains� Combined, these systems will serve approximately 1,650 parcels that utilize septic sewer technology� (1) TITLE AND LOCATION (CITY AND STATE) Gibsonton Septic to Sewer Conversion (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer responsible for assisting with the design and permitting to convert more than 1,300 parcels using septic sewer to vacuum sewer technology and conveying flow to a nearby force main� Work included roadway and water main improvements� Additionally, 121,600 LF of vacuum sewer, 18,500 LF of 16-inch force main, and 76,600 LF of up to 18-inch water main was installed� There was also 121,600 LF of roadway restoration� (1) TITLE AND LOCATION (CITY AND STATE) Cogan Drive Force Main and Water Main Extension (Palm Bay, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) 2019 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager responsible for leading the design to install a new force main on Cogan Drive to ease high-system pressures in the City’s force main piping network� The new force main will alleviate flows from an undersized force main and serve as a conduit to the South Regional WRF� (1) TITLE AND LOCATION (CITY AND STATE) Middle Plantation Key Wastewater Collection System Vacuum Pump Station (Islamorada, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2013 CONSTRUCTION (IF APPLICABLE) 2016 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC�) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Assistant Project Manager and Lead Design Engineer responsible for design of the vacuum pump station used to collect wastewater from the residential and commercial customers of Middle Plantation Key� The project also included design of force main to transmit wastewater from the vacuum pump station to the booster pump station in North Plantation Key and the conceptual design for a 14-mile future force main to connect� The project took into account the harsh saltwater environment, high water table, and rock sub- grade of the Florida Keys to provide the Village with the flagship pumping station to be used as the model for future stations to be constructed on the remaining four islands� 18WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 52 669 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Andy Franosz, DBIA 13� ROLE IN THIS CONTRACT Constructability 14� YEARS EXPERIENCE A� TOTAL 30 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim (Tampa, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Business Administration 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) General Contractor 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Andrew has 30 years of experience in water and wastewater project delivery serving in a variety of roles on treatment facility projects throughout Florida, including Design-Build director, project director, preconstruction manager, project manager, construction manager, superintendent, lead estimator, and project engineer� Andrew has led the delivery for more than 35 Florida projects, valued at over $850M, using various methods such as Design-Build, construction manager at risk (CMAR), job order contract, best value, and design- bid-build (DBB) delivery methods� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Pasadena 36-Inch Force Main Replacement Phase 3 (St. Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2024) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Constructability and CMAR GMP Reviewer for various route alternatives for a proposed 36-inch force main� Work included preliminary design report, preparation of final design documents, specs, and estimates for 5,300 LF of 36-inch force main and coordination with permitting agencies, including the Florida Department of Environmental Protection (FDEP) for Minor Modification and Environmental Resources Permits, and a Pinellas County Right-of-Way Use Permit� (1) TITLE AND LOCATION (CITY AND STATE) Phase 3C Regional Interconnect (Sarasota, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2023 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Constructability and CMAR GMP Reviewer for the interconnection of the regional drinking water transmission system with the Manatee County water system� The 10-mile pipeline, featured 36-inch and 42-inch-diameter steel pipes, aimed to enhance water system reliability, delivery capacity, and water quality management in Sarasota County� (1) TITLE AND LOCATION (CITY AND STATE) Park Road Collection System Expansion (Plant City, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Constructability and CMAR GMP Reviewer for the expansion of a wastewater collection system along Park Road to accommodate future development� The project involved designs for a duplex pump station and 1,500 LF of 8 and 10-inch force main� (1) TITLE AND LOCATION (CITY AND STATE) St. Petersburg NWWRF Improvements (St. Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 CONSTRUCTION (IF APPLICABLE) 2024 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Director responsible for overseeing improvements to the NWWRF� The scope of work included the construction of a new influent pump station; new headworks with odor control and flow splitting; a new reject storage system with two 7�5-MGD pre-stressed storage tanks; temporary pump stations; interconnecting piping; multiple piping tie-ins; new and upgraded injection wells; and electrical, instrumentation, and SCADA system improvements� The new headworks facility utilizes Hydro-Dyne and HeadCell technologies for solids screening and grit removal� PCL used creative solutions to ensure operational plant maintenance and compliance to construct the new improvements within the congested site footprint� (1) TITLE AND LOCATION (CITY AND STATE) St. Petersburg NWWRF Wet Weather Capacity Improvements (St. Petersburg, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2017 CONSTRUCTION (IF APPLICABLE) 2020 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Program and Preconstruction Manager responsible for overseeing wet weather capacity improvements� The project included upgrades to improve the filtration treatment and provide additional effluent disposal capacity during wet weather events at the 20-MGD Northwest Water Reclamation Facility� The project consisted of three new Kruger disk-type tertiary filters; filter piping modifications; a new backwash system; new pumps; permanent piping to new discharge wells; below- and above-ground piping; influent and effluent tie-ins at the existing filtration structure; new electrical, instrumentation, and control systems� Construction included acidizing the existing discharge well to increase capacity and modifying existing injection wells to increase injection capacity and improve operation and maintenance by bringing the wellhead above grade� These improvements allowed the City to re-rate its discharge capacity� 19WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 53 670 WADE TRIM E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Wayne Hoffmann 13� ROLE IN THIS CONTRACT Grant Administration 14� YEARS EXPERIENCE A� TOTAL 18 B� WITH CURRENT FIRM 9 15� FIRM NAME AND LOCATION (CITY AND STATE) Wade Trim, MI (Bay City) 16� EDUCATION (DEGREE AND SPECIALIZATION) BA, Professional/Technical Writing 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) N/A 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Wayne Hofmann brings a 18-year career focused on working with design and construction teams to develop projects that are feasible, fundable, and within budget� He is also a leader of FundingScout, a corporate initiative to connect funding opportunities to client needs� In addition to his funding experience, he has also been involved with business development and marketing� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Funding & Grant Writing Support (Tampa, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES N/A CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Funding Lead responsible for assisting the Hillsborough County Utilities Department on an as-needed basis for sewer and stormwater project funding needs and advising on improvements to a successful grant submission for a $6�1M award for the Ruskin/Wimauma Low-Pressure Sewer System/Septic-to-Sewer Project� (1) TITLE AND LOCATION (CITY AND STATE) Wyandotte DDA Capital Improvement Program (Wyandotte, MI) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Director responsible for developing funding strategies for a $12 million Capital Improvement Plan (CIP)� Scope of work included grant writing, evaluating the DDA’s revenue and debt capacities, and developing project communications for distribution to elected leaders and potential funders� To date, Wayne’s assistance has resulted in nearly $5 million in support for the project� Project Director responsible for developing funding strategies for a $12 million Capital Improvement Plan (CIP)� Scope of work included grant writing, evaluating� (1) TITLE AND LOCATION (CITY AND STATE) Dearborn Heights FundingScout (Dearborn Heights, MI) (2) YEAR COMPLETED PROFESSIONAL SERVICES N/A CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Director for assisting the City of Dearborn Heights position for and pursue federal, state, and private funding opportunities since December 2022, including sources related to major flooding disasters in the City� To date, Wade Trim’s FundingScout services have resulted in over $26 million in grant awards for the City� (1) TITLE AND LOCATION (CITY AND STATE) Bronx River Outfall Improvements (Bronx, NY) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Technical Advisor supporting project designers and NYCDEP staff on a successful $21 million grant for two sewer outfall rehabilitation projects� (1) TITLE AND LOCATION (CITY AND STATE) Ann Arbor Downtown Development Authority FundingScout (Ann Arbor, MI) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager for assisting the City of Ann Arbor position for and pursue federal, state, and private funding opportunities� The contract has included specific support for the Office of Sustainability Innovations and the Downtown Development Authority� Successful grants have included an $803,000 MEDC Revitalization and Placemaking grant and $2�8 million EV Charging Grant from USDOT� (1) TITLE AND LOCATION (CITY AND STATE) Clean Water State Revolving Fund Project Plan (Dearborn Heights, MI) (2) YEAR COMPLETED PROFESSIONAL SERVICES TBD CONSTRUCTION (IF APPLICABLE) TBD (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Funding Advisor for the City Engineer’s office recommending combining drinking water projects to achieve high scores for the state’s project priority list� The project, which included lead service line replacement, water meter replacement, and 3 miles of water main replacement, received a $17�1M package of grants and principal forgiveness� 20WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E ResumesFORM 330 | PART I: E Resumes 54 671 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Robert Dickson, PE 13� ROLE IN THIS CONTRACT Constructability 14� YEARS EXPERIENCE A� TOTAL 36 B� WITH CURRENT FIRM >1 15� FIRM NAME AND LOCATION (CITY AND STATE) Type here��� 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering, University of Michigan 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer: Florida (No� 72909) 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Rob has more than 36 years of progressive engineering, construction and management experience in infrastructure capital improvement programs, focused primarily on water and wastewater projects� He has worked in engineering consulting, construction, and government sectors, making him well-suited to manage and deliver these programs/projects� Rob successfully leads large-scale capital improvement initiatives for government agencies, collaborating with engineers, project managers, utility operators, constructors, and staff, on projects from $100 thousand to $90 million� 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) SOIRL Zones M, N, and T Septic to Sewer (Brevard County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) 2027 (est) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project/Construction Manager during the construction phase of the Brevard County septic to sewer project, Zones M, N and T located in Merrit Island� The project consists of three (3) vacuum pump stations, approximately eight (8) miles of 4” and 6” vacuum collection piping, associated vacuum collection chambers, force main extensions, relocation of an existing lift station, and related roadway restoration� (1) TITLE AND LOCATION (CITY AND STATE) Florida Resilient Infrastructure and Adaptation Program (RIAP) (Village of Key Biscayne, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) 2026 (est) (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Program Director and Manager for the Village’s multi-year $400M plus RIAP, protecting its residents, their property, and the island’s quality of life from impending increase in flooding, rising sea levels, and environmental changes by building a stronger, more resilient Community� The program included stormwater system improvements, roadway improvements, shoreline protection, utility hardening, and replacing and relocating water main and sanitary sewer� Program included significant funding through the State of Florida’s CWSRF loan program� (1) TITLE AND LOCATION (CITY AND STATE) Water, Wastewater, and Reuse Capital Improvements Program (Kissimmee, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES Ongoing CONSTRUCTION (IF APPLICABLE) Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Acting in a subconsultant role, served as the Program Manager providing oversight and technical/contract supportto the program team� The program included water, sewer, and reclaim linear asset improvements and relocations� (1) TITLE AND LOCATION (CITY AND STATE) American Beach Septic to Sewer and Water Main Improvements, Florida Governmental Utility Authority (FGUA) (Nassau County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2025 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Capital Program Manager for complete septic to sewer conversion and water main installation for the historic American Beach community on Amelia Island, FL� Scope included design and construction of gravity sanitary sewers, two lift stations, and water main to service a 300-lot community immediately adjacent to the Atlantic Ocean� Project was partially funded by an SRF loan� (1) TITLE AND LOCATION (CITY AND STATE) Chatmire Septic to Sewer Improvements, FGUA (Dunnellon, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2025 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Capital Program Manager for the design and construction of the septic to sewer conversion within the Chatmire community in the City of Dunnellon, FL� Project was funded through a State of Florida Springs Protection grant� 21WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 55 672 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Andrew List, PE 13� ROLE IN THIS CONTRACT Roadway Design Engineer 14� YEARS EXPERIENCE A� TOTAL 10 B� WITH CURRENT FIRM 10 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer, Florida No� 87190, 2019 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) City of Miami Streetscape and Street Tree Master Plan (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project requires identifying opportunities within the existing right of way for additional planting through modifications to the current facilities including the addition of medians, reduction of lane widths, construction of bulb outs, removal of parking and even removal of travel lanes� A report was created for 12 various locations throughout the City of Miami documenting the existing typical sections and corridor uses� Potential landscape areas, as well as the approximate square footage of those areas, were then identified for each of the 12 locations� Potential typical sections were then developed to include the potential landscape areas� Project Engineer� (1) TITLE AND LOCATION (CITY AND STATE) Design Criteria Package for Repair and Reconstruction of Citywide Roads (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This City of Miami project includes, but is not limited to, developing a Design Criteria Package that addresses drainage improvements, stormwater modeling, reconstruction, milling and resurfacing, sidewalks, Americans with Disabilities Act (ADA) compliant ramps, curbs and/or gutters, pavement markings and striping, roadway signage, utility coordination, and limited landscaping services� The scope of services also includes surveying, geotechnical investigations and testing, and related services necessary for the preparation of the Design Criteria Package for a variety of different streets and intersections located throughout the City of Miami that are currently in very poor condition and require reconstruction and/or repairs� As Project Manager, Andrew is providing coordination with client (City of Miami) to develop a Design Criteria Package, including 30% plans, for various locations throughout the City of Miami to go out for bid� He also provided bid assistance to the City of Miami during project procurement� Project Manager/Supervisor� (1) TITLE AND LOCATION (CITY AND STATE) Crandon Blvd Improvements (Miami-Dade, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 3/2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Crandon Boulevard is a four-lane divided roadway with 30 mph posted speed limit� The corridor is severely congested at several intersections along the corridor� While the list of recommended improvements is substantial, the Village of Key Biscayne desires to address improvements in phases such as design of an exclusive right turn lane and extension of left-turn lane at a couple of intersections along Crandon Boulevard� Andrew is the Design Project Manager and Roadway/MOT EOR for this project� He also provided day to day construction administration services and coordination with client (Village of Key Biscayne) and contractor (Southeastern Engineering Contractors, Inc�) during construction� Project Manager/Supervisor� (1) TITLE AND LOCATION (CITY AND STATE) Bicycle, Pedestrian Improvements, and Ludlam Canal Pathway Improvements Design (Village of Virginia Gardens, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 - 2022 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM As Project Manager, Andrew is providing day to day construction administration services and coordination with owner/client (Village of Virginia Gardens), CEI, and contractor (Florida Engineering & Development Group) during construction� Drainage and crosswalk improvements are also included as part of the FDOT approved LAP grant� Miami-Dade Traffic Permits (for the new one-way section) were required as part of this project� Project Manager� (1) TITLE AND LOCATION (CITY AND STATE) Flagler Street Downtown Beautification Civil Engineering Services for Roadway, Parking, and Pedestrian Accommodations (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2011 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project entails the reconstruction of Flagler Street into a pedestrian-friendly, event-ready corridor with brick pavers, sidewalk widening, valet and parking reconfiguration, and enhanced drainage� It includes traffic calming features, new lighting and hardscape design, utility relocations, and new water and sewer lines� As Project Manager, Andrew leads construction administration and coordination with the City of Miami, Lanzo Construction, and key stakeholders� 22WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 56 673 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Carlos Morales 13� ROLE IN THIS CONTRACT Harmonization 14� YEARS EXPERIENCE A� TOTAL 26 B� WITH CURRENT FIRM 1 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Architectural Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) N/A 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) North Bay Village Stormwater Design Management Support (North Bay Village, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project encompasses design management and grant support services for the Village of North Bay Village’s (NBV) multi-million-dollar Stormwater Bond Program� Building on the foundation of the Village’s Stormwater Master Plan, developed by BCC, this initiative focuses on the phased implementation of critical infrastructure improvements to address flooding, sea level rise, and long-term community resilience� In parallel, BCC supports the Village with ongoing grant management assistance related to stormwater, planning, and construction projects� Our services include aiding in grant pursuits, ensuring compliance with funding requirements, and maintaining documentation and reporting throughout the grant lifecycle� BCC has provided continued support for the Village’s participation in the Florida Resiliency Grant Program and other key state and federal funding opportunities focused on stormwater and coastal resilience� Senior Project Manager� (1) TITLE AND LOCATION (CITY AND STATE) Town Center Gateway (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2020 - 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project involved the development of a 28-story mixed-use high-rise located in the City of Miami Beach� Stormwater management was successfully implemented through two drainage wells and a specialized exfiltration trench with a sand filter, specifically designed for the garage area drain� The determination of the finished floor elevation (FFE) was coordinated with the City of Miami Beach, which planned to raise the roads in the future as part of the North Beach Project� Consequently, the FFE was established two feet higher than the existing road level, and to achieve a seamless transition, the harmonization of the right-of-way (ROW) involved the implementation of a series of steps and ramps� In addition to the stormwater management components, the project encompassed the installation of two sanitary sewer manholes and approximately 500 linear feet of 12-inch DIP watermain� This comprehensive approach ensured compliance with city standards and regulations, addressing various infrastructure aspects to support the successful development of the high-rise� Senior Project Manager� (1) TITLE AND LOCATION (CITY AND STATE) MS4 Permit Monitoring & Reporting (Surfside, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - 2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project consisted of the professional engineering services to ensure compliance with National Pollutant Discharge Elimination Systems (NPDES) and Stormwater Regulatory Monitoring, as well as Compliance Reporting on behalf of the Town of Surfside� This responsibility includes assisting the Town in fulfilling the necessary obligations for annual reporting of their current NPDES MS-4 Permit to the Florida Department of Environmental Protection (FDEP)� Senior Project Manager (1) TITLE AND LOCATION (CITY AND STATE) Abbott Avenue Stormwater Improvements (Surfside, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - 2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project was divided into two phases� Phase I consisted of providing comprehensive civil engineering services of the existing stormwater drainage condition of Abbott Avenue, spanning from 90th Street to 96th Street� The scope of services encompasses the evaluation and assessment of the current stormwater drainage conditions, as well as the preparation of a detailed report offering viable options to mitigate issues associated with ponding and standing water� The report included a review and evaluation of all existing pertinent information and materials, including plans, narratives, calculations, and the ICPR model� Furthermore, the design furnished a findings and conclusion report, appraising the effectiveness and cost-efficiency of previously proposed solutions� Phase II consisted of a series of drainage improvements, which included the design of two underground stormwater pump stations located at the intersections of Abbott Avenue with 91st Street and 92nd Street� Each pump station was designed to discharge into three stormwater injection wells, with an additional overflow connection leading to the intercoastal waterway� To regulate the flow, a control structure with a flap gate was incorporated to ensure that the stormwater would not reach the intercoastal until the desired design pressures were achieved� Project Role: Senior Project Manager 23WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 57 674 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Lazaro Ferrero, PE 13� ROLE IN THIS CONTRACT Stormwater Drainage Engineer 14� YEARS EXPERIENCE A� TOTAL 40 B� WITH CURRENT FIRM 11 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer, Florida No� 58025, 2002 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Florida Engineering Society (FES) Member 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) City of Lauderhill Basin B Drainage Improvements East of the Turnpike (Lauderhill, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 1/2024 - 7/2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This project involves the design and permitting for Basin C, located east of the Florida Turnpike, between just south of NW 12 Ct and just north of NW 18 Ct� BCC will maximize the amount of exfiltration trench within the project limits and determine the amount of runoff extraction for permitting purposes� A half-day field reconnaissance visit will be conducted to assess site and drainage conditions, followed by a field assessment report� The City will use its consultants for topographic surveys and utility locations, with BCC coordinating and reviewing the collected data to ensure completeness� Engineer-of-Record� (1) TITLE AND LOCATION (CITY AND STATE) SR 607/Emerson Avenue from North of SR 614/Indrio Rd. to South of 25th Street SW (Broward County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This project is a Resurfacing, Restoration, and Rehabilitation (RRR), widening the exiting shoulder and construction of missing sidewalk� There is approximately 2�56 AC of additional impervious area� Therefore, water quality treatment and flood attenuation will be provided with exfiltration trenched and reshaping the existing roadside swales� Senior Project Engineer� (1) TITLE AND LOCATION (CITY AND STATE) US-27/Okeechobee Road from Broward County Line to West of HEFT (Miami- Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - 2021 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The proposed project includes intersection improvements, and improvements to the Frontage Road; access management modifications to median openings along SR 25� The proposed drainage consists of a series of ditch bottom inlets, 24-inch exfiltration trenches, and 18-inch and 24-inch pipes which either discharge into the Miami (C-6 Canal) from dry retention areas that provide water quality treatment and flood attenuation� Mr� Ferrero was responsible for the drainage design and hydraulic modeling of the pre-development and post-development conditions� He is also responsible for the preparation of Stormwater Management reports, and permit acquisition from the South Florida Water Management District (SFWMD)� This project included more than 200 drainage structures and 13,500 LF of Exfiltration Trenches� Engineer-of-Record� (1) TITLE AND LOCATION (CITY AND STATE) Districtwide Drainage Design and Plans Review Consultant Services (Miami- Dade and Monroe Counties, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2015 - Ongoing CONSTRUCTION (IF APPLICABLE) 2019 - Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Mr� Ferrero was a Senior Project Engineer for the Districtwide Drainage Design & Plans Review Consultant Services for FDOT District 6� Mr� Ferrero oversaw compiling drainage comments and coordinating with Ribbeck Engineering (as well as ADA Engineering in a previous contract) to input into the ERC system� Scope of work included drainage analysis, design, permit review services; retrofitting existing drainage systems; permit compliance; hydrologic/hydraulic modeling; bridge hydraulics; scour analyses; retention/detention pond, exfiltration trench, drainage well analysis and design; drainage feasibility studies; analysis and design of drainage “Push Button” projects; and urban & rural drainage system analysis and design� Senior Project Engineer� (1) TITLE AND LOCATION (CITY AND STATE) US-27/Okeechobee Road from East of NW 107th Avenue to East of NW 116th Way (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The proposed improvements includes reconstruction of SR-25/US-27/Okeechobee Road using rigid pavement and grade separation over NW 116th Way; implementation of ramps from SR-25 to the Frontage Road; reconstruction of NW 116th Way from SR-25/ Okeechobee Road to the entrance of Hialeah Gardens� Mr� Ferrero was responsible for the drainage design� He oversaw preparing the drainage layout, designing drainage structures, performing hydraulic modeling, and preparing bridge hydraulics report for the bridges on NW 121st Way and NW 116th Way� This project included more than 400 drainage structures and 10,800 LF of Exfiltration Trenches Engineer-of-Record� 24WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 58 675 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Hendric Mendez, PE 13� ROLE IN THIS CONTRACT Street Lighting 14� YEARS EXPERIENCE A� TOTAL 12 B� WITH CURRENT FIRM 8 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Florida Professional Engineer No� 85282 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) IMSA Traffic Signal Field Technician Level II 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Design Services on SR-60/Indian River Blvd. from N of Canal Bridge W. of Merrill P. Barber Bridge (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The intent of this project is to improve operations and safety at the existing intersection of SR 60 / Indian River Boulevard and SR 60 / Merrill P� Barber Bridge� The operational performance of this intersection was noted to have some concerns due to an unprotected left turn signal phasing along SB Indian River Blvd� as well as excessive queuing due to the heavy use of the NB right turn lane movement at the intersection� The scope of services includes the preparation of Contract Documents to construct the recommended improvements which include: Restripe of the SB approach to provide dual left turn lanes with protected signal phasing; this will require upgrading span wire assembly to mast arm; Extend the Northbound right turn lane to accommodate congestion queues; and remove the Northbound free flow right turn lane and remove pedestrian island� Traffic Engineering Operations Engineer� (1) TITLE AND LOCATION (CITY AND STATE) SR A1A RRR from Flamingo Ave to S. of Pine Ave (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM BCC was the lead on this project� This RRR project runs along SR A1A in Broward County from Flamingo Avenue (MP 6�434) to South of Pine Avenue (MP 7�433)� The existing typical section consists of a 3-lane undivided Urban Minor Arterial with 10’ travel lanes, and 11’ Two-Way Left Turn Lane, 4’ undesignated bike lanes, 2’ drop curb (curb and gutter at intersections and some bus stop locations), and 6’ sidewalk on both sides� The existing typical section between Commercial Blvd� and South El Prado Avenue also consists of an additional southbound through lane� The intent of the project is to mill and resurface the existing pavement, provide signal upgrades at the signalized intersections, install decorative Tear Drop light poles, and replace non-compliant pedestrian curb ramps� Traffic Engineering Operations Engineer� (1) TITLE AND LOCATION (CITY AND STATE) SR 823 / Flamingo Road Lighting (Broward County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Signalization and lighting design services, along with public involvement (PIO) services, are required to prepare comprehensive contract documents for the proposed improvements along SR 823/Flamingo Road from Pembroke Road to south of SR 820/Pines Boulevard in Broward County� The project scope includes the design of upgraded roadway lighting systems to enhance nighttime visibility and safety, the development of signalization improvements to optimize traffic operations and reduce congestion, and coordination with utility agencies as needed� Public involvement efforts will support the project through proactive community outreach, stakeholder engagement, and public meetings to ensure transparency and address community concerns throughout the project lifecycle� Lighting Engineer� (1) TITLE AND LOCATION (CITY AND STATE) SR 23 (Toll 23) from SR 21 (Blanding Boulevard) to North of Argyle Forest Boulevard Design-Build (Duval and Clay Counties, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2014 - 2015 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project proposed the complete reconstruction of SR 23 and construction of three new interchanges� Mr� Mendez was tasked with the design of new signalized intersections at ramp intersections at the Blanding Blvd, Oakleaf Plantation Parkway and Argyle Forest Blvd� interchanges� The design of conventional and under deck lighting throughout the entire project and side streets� The scope of services includes the design of a new ITS system is composed of Dynamic Message Sings (DMS), CCTV and MDVS systems� ITS Designer� (1) TITLE AND LOCATION (CITY AND STATE) Intersection Improvements along SW 24th Street/Coral Way from SW 117th Avenue to SW 87th Avenue (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 - 2025 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This project consists of improvements to 13 intersections along SW 24th Street/Coral Way, as recommended by the 2022 Coral Way Traffic Study� This project includes operational, capacity, and safety improvements at these intersections which include, but are not limited to, roadway widening to accommodate additional storage, storm water drain system, signing and pavement markings, signalization improvements and upgrades, roadway lighting, and landscaping� Traffic Engineering Operations Engineer� 25WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 59 676 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Jean Rodriguez, PE 13� ROLE IN THIS CONTRACT Cost Estimating & Grant Administration 14� YEARS EXPERIENCE A� TOTAL 7 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Florida Professional Engineer No� 98401 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) American Society of Civil Engineers 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Golf Village Infrastructure Improvements (Sunrise, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The project is located in the City of Sunrise, Broward County, and is bounded by N� University Drive (State Road) to the east, N� Pine Island Road (County Road) to the west, SW 20th Court to the south, and NW 29th Street to the north� The proposed improvements involve the design of water main replacements for aging 6-inch to 12-inch PVC and asbestos pipes, upsizing of existing 2-inch through 4-inch water mains, replacement of 6-inch through 10-inch asbestos cement force mains, and the design of exfiltration trenches to address localized flooding concerns� As part of the design process, a Basis of Design Report will be prepared to outline the design assumptions, decisions, and parameters used to develop the 100% construction documents for the project� The scope includes providing a cost estimate to support budgeting and funding decisions� This cost estimate will be developed based on the preliminary and final design documents, incorporating unit costs, quantities, and contingencies, and will be updated at key project milestones to reflect the evolving design� Civil Project Engineer� (1) TITLE AND LOCATION (CITY AND STATE) Pump Station 9143 Improvements Design (Miami, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Due to the upcoming construction of the MSC Cruise Terminal on Dodge Island (expected March 2024) and the associated increase in sewer flows, improvements to Pump Station PS-9143 were required to handle the added capacity� The design includes upsizing pumps to increase flow from 239 GPM to 378 GPM, raising TDH from 38 FT to 70 FT, replacing the wet well and valve vault, installing a permanent generator, and making site improvements for maintenance access� As part of the design scope, a detailed cost estimate will be developed to support budgeting and funding, covering construction, equipment, labor, and contingencies� The estimate will be refined throughout the design process to ensure alignment with project scope and stakeholder expectations� Civil Project Engineer (1) TITLE AND LOCATION (CITY AND STATE) Village of Pinecrest General Engineering Consultant (Village of Pinecrest, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM With this project, BCC will be able to update the Village’s Stormwater Master Plan without going through a formal solicitation� It will also allow BCC to assist in analyzing and designing stormwater improvement projects to address projected sea level rise and help the Village enhance its resiliency� The project scope includes providing the full spectrum of drainage analysis and design services to address areas prone to flooding and future sea-level rise conditions� BCC prepared cost estimates for proposed stormwater improvements to support the Village’s capital planning, budgeting, and potential funding applications� Civil Project Engineer� (1) TITLE AND LOCATION (CITY AND STATE) Bonaventure Water Service Line & Water Main Replacement Construction Administration Services (Sunrise, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM BCC will provide the Bonaventure Water Service Line & Water Main Replacements and Construction Administration Services� BCC will represent the City (Owner) during construction and facilitate all instructions and communication between the contractor and the City� Responsibilities include reviewing and approving the Schedule of Values (SOV), Pay Applications, Requests for Information (RFIs), and Change Orders (COs) submitted by the contractor, as well as regularly observing the project’s progress to ensure the quantity and quality of work performed� As part of pre-construction support, BCC will also provide a cost estimate for the construction scope, assisting the City in evaluating project feasibility, budget planning, and funding allocation� Civil Engineer Designer, CEI� (1) TITLE AND LOCATION (CITY AND STATE) Sawgrass Fuel Facility Rehab Construction Management Services (Sunrise, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This project includes the reconstruction of the existing City of Sunrise Sawgrass Fuel Station within the Sawgrass Utility Complex� The new station will include installation of the new above ground unleaded and diesel double wall fuel tanks, fuel dispensers, new canopy, replacement in kind of the fuel management system, improvements to existing electrical building, and a new access driveway for the proper circulation of fleet vehicles and fuel delivery trucks� 26WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 60 677 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Dacha Quintana, PE 13� ROLE IN THIS CONTRACT Signalization 14� YEARS EXPERIENCE A� TOTAL 22 B� WITH CURRENT FIRM 18 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Florida Professional Engineer No� 67393 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Temporary Traffic Control-Advanced IMSA Level I and II 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Design Services on SR-60/Indian River Blvd. from N of Canal Bridge W. of Merrill P. Barber Bridge (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The intent of this project is to improve operations and safety at the existing intersection of SR 60 / Indian River Boulevard and SR 60 / Merrill P� Barber Bridge� The operations performance of this intersection was noted to have some concerns due to an unprotected left turn signal phasing along SB Indian River Blvd� as well as excessive queuing due to the heavy use of the NB right turn lane movement at the intersection� Scope of services includes the preparation of Contract Documents to construct the recommended improvements which include: Restripe of the SB approach to provide dual left turn lanes with protected signal phasing; this will require upgrading span wire assembly to mast arm; Extend the Northbound right turn lane to accommodate congestion queues; and remove the Northbound free flow right turn lane and remove pedestrian island� QC Engineer for the Signing and Pavement Marking Plans and Signalization Plans� (1) TITLE AND LOCATION (CITY AND STATE) SR 7 Transit Corridor Improvements (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - 2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The intent of this project is to enhance the transit passenger, bicycle and pedestrian experience through mobility and safety improvements along Orange Drive and Taft Street� The recommended improvements are to add 5’ Sidewalk on the northside of Orange Drive from Turnpike On-Ramp to SR-7� Widen pavement to provide bicycle lanes on Taft Street from SR-7 to N 40th Avenue, mill, resurface and correct cross slope on Taft Street and replace existing loops at N 56th Avenue and N 46th Avenue signalized intersections� Engineer of Record for the design and preparation of Signing and Pavement Marking Plans� (1) TITLE AND LOCATION (CITY AND STATE) SR 814 / Atlantic Blvd RRR from NW 27th Ave to NW 16th Ave. (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This RRR project runs along Atlantic Blvd (Roadway ID: 86130000) in Broward County from NW 27th Ave (MP 3�591) to NW 16th Ave (MP 4�591)� The existing typical section consists of a 6-lane divided Urban Minor Arterial with 11’-12’ travel lanes, type F curb & gutter and sidewalk on both sides� The intent of the project is to mill and resurface the existing pavement, provide signal upgrades at the signalized intersections, and replace non-compliant pedestrian curb ramps� Engineer of Record for the design and preparation of Signing and Pavement Markings and Signalization Plans� (1) TITLE AND LOCATION (CITY AND STATE) SR 804 / Ocean Dr RRR from SR 5 / US 1 to SR A1A (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The purpose of this Task Work Order is to provide design services to prepare Contract Documents for the required improvements under the Resurfacing, Restoration, and Rehabilitation (RRR) Project on SR 804 / E Ocean Avenue from SR 5 / US 1 to SR A1A / N Ocean Blvd� Scope included the installation of Rectangular Rapid Flashing Beacon (RRFB) assemblies at a new mid-block crosswalk� (1) TITLE AND LOCATION (CITY AND STATE) SR A1A RRR from Flamingo Ave to S. of Pine Ave (Palm Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This RRR project runs along SR A1A in Broward County from Flamingo Avenue (MP 6�434) to South of Pine Avenue (MP 7�433)� The existing typical section consists of a 3-lane undivided Urban Minor Arterial with 10’ travel lanes, and 11’ Two-Way Left Turn Lane, 4’ undesignated bike lanes, 2’ drop curb (curb and gutter at intersections and some bus stop locations), and 6’ sidewalk on both sides� The existing typical section between Commercial Blvd� and South El Prado Avenue also consists of an additional southbound through lane� The intent of the project is to mill and resurface the existing pavement, provide signal upgrades at the signalized intersections, install decorative Tear Drop light poles, and replace non-compliant pedestrian curb ramps� 27WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 61 678 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Keri-Ann C. Coore-Vickers, PE 13� ROLE IN THIS CONTRACT Signing & Pavement Markings Engineer 14� YEARS EXPERIENCE A� TOTAL 19 B� WITH CURRENT FIRM 11 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Civil Engineering; BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer Florida No� 87383, 2019 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Professional Services for Bridge Structural Engineering Projects – E20 – DTPW-02 (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Signing and Pavement Marking Project Engineer for a Continuing Services Contract involving miscellaneous Task Work Order (TWO) assignments including inspections and evaluations, scoping reports, bridge repairs, structural steel painting, cathodic protection systems, and bridge replacements� Projects also included maintenance of traffic, public involvement (meetings, outreach), signing, pavement markings, phased construction, environmental permitting, specifications, and technical special provisions� Post design services included review of shop drawings, Requests for Information (RFI’s), material certification, and on-call support to the contractor during construction� (1) TITLE AND LOCATION (CITY AND STATE) SR 9A/I-95 Ramps Rigid Pavement Rehabilitation Southbound Off Ramp to SW 25 Road (Miami-Dade, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2021 - 2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Traffic Operations Engineer responsible for the design and preparation of Signing & Pavement Marking Plans and Signalization Plans� This project consisted of the Rehabilitation of five ramps on I-95 in Miami� Roadway work entailed full-depth slab replacement of existing cracked concrete pavement, repair of concrete pavement joints, mill and resurface the existing asphalt pavement at the ramp terminals and shoulders, guardrail upgrades, and reconstruction of existing damaged curb & gutter as well as curb & gutter segments impacted by slab replacement and guardrail reconstruction� Signing and pavement markings work required the update of all sub-standard ground- mounted signs, replace and upgrade all pavement markings� Two signalized intersections at the I-95 ramp terminals and SW 25th Road required improvement� Improvements consisted of new pedestrian signalization, replacement of existing traffic signal loops to video detection system and replacement of existing mast arms being impacted by roadway widening� (1) TITLE AND LOCATION (CITY AND STATE) SW 24th Street (Coral Way) Intersection Improvements (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Signing and Pavement Marking Project Engineer for the design of intersection operational and safety improvements along SW 24th Street (Coral Way) from SW 117th Avenue to SW 87th Avenue in Miami-Dade County, FL� Improvements include minor widening, milling and resurfacing, drainage, signal improvements, signing and pavement markings, lighting, and utilities� (1) TITLE AND LOCATION (CITY AND STATE) SR 9 (I-95) Express Lanes Phase 3C Design-Build (95 Express/I-595 Direct Connectors, SR 9/I-95 from Stirling Road to Broward Boulevard, SR 9/I-95 at SR 862/ I-595 Bridge Painting (Broward County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2018 - Ongoing CONSTRUCTION (IF APPLICABLE) 2018 - Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Engineer assisting with Signing & Pavement Marking plans� This project is part of Phase 3C of the I-95 express lanes, spanning 9 miles from Hollywood Boulevard to Broward Boulevard, with 2 miles of improvements along I-595� It includes direct connections between I-95 and I-595 and the painting of 17 bridges� (1) TITLE AND LOCATION (CITY AND STATE) SR 836/I-395 from West of I-95 to MacArthur Causeway Bridge (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2011 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Signing & Pavement Marking Plans Reviewer for preparing the preliminary geometric design for the reconstruction of the entire I-395 corridor, from the original terminus at the west side of the I-95/Midtown Interchange (I-95/SR 836/I-395) to the original corridor terminus at the West Channel Bridges of US 41/MacArthur Causeway� This project was developed to improve mainline operations along I-395, reduce congestion on the surface streets below and provide enhanced access to the Performing Arts Center and surrounding areas of downtown Miami� 28WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 62 679 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Oscar Oliva, PE 13� ROLE IN THIS CONTRACT MOT/ TTCP / SWPP Engineer 14� YEARS EXPERIENCE A� TOTAL 17 B� WITH CURRENT FIRM 9 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Civil Engineering; BS, Civil Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer, Florida No� 75502, 2013 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Advanced Temporary Traffic Control (MOT) 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) Design, Build, Operation, and Maintenance Services for an Intelligent Transportation System and Smart Parking System, Phase I & II. Design-Build Operate and Maintain (Miami Beach, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Engineer of Record for traffic control plans for the installation of closed-circuit television cameras (CCTV), microwave vehicle detectors (MVDS), dynamic message signs (DMS), travel time Bluetooth sensors, a microwave wireless communications network, parking counters with local availability parking count LED information sign, a Regional Central Control Center and custom ITS/ATMS control software� The DMS support structures consisted of decorative custom structures� Additional responsibilities included design project management, ITS design, miiscellaneous structural design, utility coordination, electrical calculations, traffic control and plans production� (1) TITLE AND LOCATION (CITY AND STATE) SR 25 (Okeechobee Road) from East of NW 116 way to East of NW 87 Avenue (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2016 - 2025 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager and Engineer of Record for the final design of the largest segment of the Okeechobee Road corridor� This project includes the reconstruction of Okeechobee Road and design with third level bridges over NW 87th Avenue and second level flyover bridges to and from Okeechobee Road and NW 87th Avenue� The design will also include the realignment of NW 103rd Street as well as widening of NW 87th Avenue, NW South River Drive, and NW 106th Way� (1) TITLE AND LOCATION (CITY AND STATE) MDX Work Program 87410.030: Design-Build Services for SR 874 Ramp Connector to SW 128th Street (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2015 - 2022 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Project Manager and Roadway Engineer of Record for the MDX ramp connectors from SR 874 (Don Shula Expressway) to SW 128th Street� The project included third-level flyovers over the SR 874/SR 821 interchange and widening 1�5 miles of SW 128th Street� Additional work involved traffic signals, lighting, ITS design, and utility coordination� Responsibilities included project management, roadway, drainage, traffic operations, and structural design� (1) TITLE AND LOCATION (CITY AND STATE) SR 836/I-395 from West of I-95 to MacArthur Causeway Bridge (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2011 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM Roadway Engineer supporting FDOT in the concept development, procurement, and design of the I-395 corridor reconstruction from the I-95/Midtown Interchange to the West Channel Bridges of the MacArthur Causeway� The project aims to improve mainline operations, reduce surface street congestion, and enhance access to downtown Miami� Work also involves reviewing roadway, traffic control, signing, pavement marking, and signalization plans� (1) TITLE AND LOCATION (CITY AND STATE) SR 924/NW 119 Street Adaptive Signal Control Technology Pilot Project (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2017 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The Florida Department of Transportation has issued this Request for Proposal (RFP) to solicit competitive bids and proposals from proposers for deploying an adaptive signal control technology (ASCT) system along SR 924/NW 119 Street from the eastern terminus of SR 924 Gratigny Parkway (west of NW 32 Avenue) to NW 5 Avenue (east of I-95) and along SR 9/NW 27 Avenue from NW 110 Street to NW 119 Street as specified within these Contract documents� As the Engineer of Record for the Traffic Control Plans (TCP), work includes assisting with the design, installation, integration, testing, documentation, training, warranty, and technical support services for the project� 29WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 63 680 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12� NAME Jean Pierre Valle, PE, CFM, ENV SP 13� ROLE IN THIS CONTRACT Hydraulic Modeling Engineer 14� YEARS EXPERIENCE A� TOTAL 8 B� WITH CURRENT FIRM 2 15� FIRM NAME AND LOCATION (CITY AND STATE) BCC Engineering, LLC (Miami, FL) 16� EDUCATION (DEGREE AND SPECIALIZATION) MS, Water Resources Engineering 17� CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Professional Engineer, Florida No� 99390, 2024 18� OTHER PROFESSIONAL QUALIFICATIONS (PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC.) Certified Floodplain Manager, Envision Sustainability Professional 19� RELEVANT PROJECTS (1) TITLE AND LOCATION (CITY AND STATE) City of Lauderhill Vulnerability Assessment (Broward County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - 2023 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM The City of Lauderhill developed a Stormwater Management and Flood Protection Master Plan (SMFPMP) to evaluate drainage conditions within the City’s five (5) primary drainage basins� The City of Lauderhill Vulnerability Assessment (VA) will expand the SMFPMP to meet the requirements of s� 380�093(3)(c), F�S� This includes determining the specific risks posed by flooding due to sea-level and groundwater rise, as well as the increased frequency, duration, and intensity of rainfall events� As part of this effort, hydraulic modeling will be utilized to simulate current and future drainage system performance under various flood scenarios, helping to accurately identify flood-prone areas and evaluate system vulnerabilities� The VA also identified critical and regionally significant infrastructure, owned and/or maintained by the City, that is susceptible to flooding, thereby supporting targeted adaptation and mitigation strategies� Water Resources Engineer� (1) TITLE AND LOCATION (CITY AND STATE) Village of Pinecrest Vulnerability Assessment (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2023 - 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM For the Village of Pinecrest, this project involves conducting a comprehensive vulnerability assessment to evaluate the impacts of flooding, storm surge, and sea level rise on the community’s infrastructure and natural systems� As part of the effort, advanced hydraulic modeling is employed to simulate current and future conditions, identify at-risk areas, and evaluate the capacity and performance of existing drainage and stormwater systems� The findings informed the development of adaptation strategies and prioritize infrastructure improvements to enhance resilience� Services also included data collection, risk and asset analysis, community engagement support, and preparation of a detailed report with actionable recommendations to guide the Village’s long-term planning and capital investments� Water Resources Engineering Designer� (1) TITLE AND LOCATION (CITY AND STATE) North Bay Village Contract for General Professional Engineering and Architectural Services (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - Ongoing CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This North Bay Village project includes multiple task work orders on Harbor and Treasure Islands, providing comprehensive engineering, architectural, and planning services� The scope covers roadways, marine, traffic, drainage, water and sewer, site development, and building systems� Services include hydraulic modeling, design, permitting, cost estimating, project management, construction inspection, and sustainability and landscaping support� Deputy Project Manager� (1) TITLE AND LOCATION (CITY AND STATE) City of Doral Vulnerability Assessment (Miami-Dade County, FL) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2022 - 2024 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM As part of this Service Order, BCC Engineering supported the City of Doral (City) in completing the Vulnerability Assessment (VA), per s� 380�093, F�S�, which identified areas within the City most susceptible to damage from increased sea-level and groundwater rise� The assessment incorporated hydraulic modeling to simulate flooding scenarios and evaluate the impact of rising water levels on the City’s drainage infrastructure, enabling a detailed understanding of vulnerable zones and informing mitigation strategies� Water Resources Engineering Designer� (1) TITLE AND LOCATION (CITY AND STATE) LBJ East I-635 Expansion (Dallas County, TX) (2) YEAR COMPLETED PROFESSIONAL SERVICES 2019 - 2022 CONSTRUCTION (IF APPLICABLE) N/A (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE CHECK IF PERFORMED WITH CURRENT FIRM This project consisted of a reconstruction and improvement of 11�2 mile section of I635 in Dallas County� Developed the hydrologic analysis using HEC-HMS and performed hydraulic calculations using HY-8� Assisted in the preparation of the final report and created maps and exhibits� Water Resources Engineer� 30WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: E Resumes 64 681 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE Michael J. Avirom Professional Surveyor & Mapper a. TOTAL b. WITH CURRENT FIRM 32 32 15. FIRM NAME AND LOCATION (City and State) Avirom & Associates, Inc. (Boca Raton, Florida) 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) 2006 Associate in Arts / Palm Beach State College 2011 Bachelor of Arts / Florida Atlantic University Geographic Information System Florida/Professional Surveyor and Mapper License/LS7253 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Town of Palm Beach Undergrounding Project Palm Beach, Florida PROFESSIONAL SERVICES CONSTRUCTION (If applicable) Current/ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Sketch and descriptions for utility easements; construction services to facilitate mapping entire town for underground placement of FPL lines Project Manager / CADD technician b. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Lantana GIS Mapping Lantana, Florida PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2025 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Sanitary/sewer and drainage as-builts for multiple lift stations throughout the City of Lantana to assist the engineer with the Storm Sewer System GIS Development Party Chief / CADD technician c. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Bamboo Lane & Palmer Road Boynton Beach, Florida PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2025 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Sketch and description for rezoning the area between N. Federal Highway and the ICWW and just north of Bamboo Lane and south of Palmer Road Project Surveyor d. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Skees Road / Okeechobee Landfill West Palm Beach, Florida PROFESSIONAL SERVICES CONSTRUCTION (If applicable) Yearly (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm GPS positions of monitoring wells and obtaining elevations; as-builts; aerial mapping; specific purpose survey; topographic survey; tree survey Project Surveyor e. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Swinton Avenue Delray Beach, Florida PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2025 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Right-of-way surveys for the redesign of the intersection at Swinton Avenue and SE/SW 4th Street Project Surveyor 31WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041965 682 DO NOT LET FORM GO BELOW THIS LINE E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME Craig Meier 13. ROLE IN THIS CONTRACT Corrosion Engineer 14. YEARS EXPERIENCE a. TOTAL 40 b. WITH CURRENT FIRM 25 15. FIRM NAME AND LOCATION (City and State) Corrosion Control Incorporated, Rutledge, GA 16. EDUCATION (DEGREE AND SPECIALIZATION) Bachelor of Science Chemical Engineering 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) NACE CP4 Cathodic Protection Certified Specialist API-570 Pipeline Inspector 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Mr. Meier is a degreed Chemical Engineer with more than 40 years of experience in the fields of piping inspection, coatings and cathodic protection. He is certified by NACE as a Cathodic Protection Specialist and a Coating Inspector, and by API as an API-570 pipeline inspector. Over the past 40 years, Craig has provided piping inspection and corrosion control services throughout the world. This includes mechanical integrity evaluations for piping systems as well as developing life extension programs. He provided design and support for multiple FKAA projects including Windley Key, Florida City, Plantation Key, Islamorada water mains. 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) Florida Keys Aqueduct Authority, Cathodic Protection New Water Main, Islamorada, FL. (2) YEAR COMPLETED PROFESSIONAL SERVICES Project Engineer CONSTRUCTION (if applicable) 2023 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm This project involved a complete field study of the proposed pipeline right-a-way, and corrosion control design documents including specifications, calculations and drawing details. Contract Value $18K. b. (1) TITLE AND LOCATION (City and State) Hillsborough County, Corrosion Control Study and Evaluation, Central Hillsborough Pressure Booster Pump, Hillsborough County, FL. (2) YEAR COMPLETED PROFESSIONAL SERVICES Project Engineer CONSTRUCTION (if applicable) 2019 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm This project involved a corrosion control study and evaluation for the 60-inch water transmission mains. Contract Value $27K. c. (1) TITLE AND LOCATION (City and State) Project Engineer, City of Tampa, Harbor Island 48-Inch Force Main (2) YEAR COMPLETED PROFESSIONAL SERVICES Project Engineer CONSTRUCTION (if applicable) 2017 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm This project involved the corrosion control evaluation and design for a new 48-inch force main. Contract Value $15k. d. (1) TITLE AND LOCATION (City and State) Council Bluffs, Cathodic Protection on 36 Inch Levee Force Main, Council Bluffs, IA (2) YEAR COMPLETED PROFESSIONAL SERVICES Project Engineer CONSTRUCTION (if applicable) 2012 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm This project involved corrosion studies and the design of a cathodic protection system for a 36-inch diameter levee force main. Contract Value $11K. e. (1) TITLE AND LOCATION (City and State) Project Engineer, Collier County, Corrosion Investigation Ductile Iron Pipe Fittings, Collier County, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES Project Engineer CONSTRUCTION (if applicable) 2010 This project involved a corrosion investigation on the ductile iron pipe fittings for 16 and 24-inch branch laterals associated with a water well field. Contract Value $6K. 32WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041966 683 AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV. 8/2016) PAGE 1 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE Dameion Donaldson Electrical Engineer a. TOTAL b. WITH CURRENT FIRM 21 16 15. FIRM NAME AND LOCATION (City and State) Electrical Design Associates, Inc. (Boca Raton, FL) 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) Bachelor of Science in Electrical Engineering Florida International University / 2003 FL Professional Engineer #70851 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Florida Engineering Society (FES), Illuminating Engineering Society (IES) 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Repump & Booster Stations Electrical & I &C Evaluations Port St. Lucie, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2022 2023 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Electrical Design Associates, Inc. (EDA) was contracted to provide an electrical assessment of eight booster and re- pump stations for the City of Port St. Lucie. The purpose of the project was to outline design shortfalls and/or aging of plant infrastructure and equipment that may lead to electrical and operational issues. Our scope of work included the following: Collect and review all available information; Perform field visits in order to observe existing conditions; Perform facilities evaluation and condition assessments; Prepare draft and final TM summarizing facility/infrastructure improvements associated with the power distribution and computer (PLC/HMI) systems as it relates to rehabilitation, repair, and replacement; and Prepare Estimates of OPCC for rehabilitation, repair, and replacement items determined from the facilities evaluation and condition assessments. b. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Key Haven Utility Improvements Florida Keys Aqueduct Authority, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2017 2018 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Electrical Design Associates, Inc. (EDA) was contracted to provide engineering services for the referenced project. Our scope of work included the following: Electrical design associated with the required upgrades of the existing plant lift station. We provided design associated with the demolition of existing District B and District C lift stations and design associated with the proposed District C and District D lift stations, including the incoming utility service and electrical power distribution. EDA was also responsible for electrical design associated with the demolition of the existing grinder lift station, and design associated with the proposed grinder station including the incoming utility service and electrical di ib i c. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Lift Station 309 Boynton Beach, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2016 2017 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Electrical Design Associates, Inc. (EDA) was contracted to provide engineering services for the referenced project. Our scope of work included the following: Electrical design included a new power distribution system designed to support the entire station including the replacement of the jockey pump with a full size pump and a diesel standby pump. The station control system included a new control panel utilizing the ACE3600. The new power and control systems were housed within the existing generator building. The design also addressed the conduits extending through classified spaces and from non-classified to classified spaces including the use of EYS fittings at the point of entrance and/or exit in accordance with NFPA 820. d. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED Condition Assessment for Stormwater Pump Stations City of Miami, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2021 n/a (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Electrical Design Associates, Inc. was contracted to provide electrical engineering services for the referenced project. The City of Miami (CITY) requested thirteen (13) stormwater pump stations have their electrical equipment evaluated in order to complete a condition assessment in anticipation of the future SCADA Integration project and future upgrades of electrical equipment. The pump stations were inspected to identify the existing condition of the electrical components and create an inventory of components. e. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED PBC System Wide Wellfield Improvements Palm Beach County, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2020 Ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Electrical Design Associates, Inc. (EDA) was contracted to provide electrical and instrumentation design and bidding for improvements to surficial aquifer production wells located at two (2) of the County's water treatment plants (Nos. 2 & 8) throughout the Palm Beach County Water Utilities Department (PBCWUD) service area. 33WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041967 684 12. NAME 13. ROLE IN THIS CONTRACT 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 14. YEARS EXPERIENCE b. WITH CURRENT FIRMa. TOTAL 17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)16. EDUCATION (Degree and Specialization) 15. FIRM NAME AND LOCATION (City and State) STANDARD FORM 330 (REV. 7/2021) PAGE 2 a. b. c. d. (1) TITLE AND LOCATION (City and State) PROFESSIONAL SERVICES CONSTRUCTION (If applicable) (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) e. Check if project performed with current firm Check if project performed with current firm (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Check if project performed with current firm (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE 19. RELEVANT PROJECTS (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If applicable) (2) YEAR COMPLETED (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Paul Dean Engle, PSM InfraMap Corp., West Palm Beach, Florida Relevant Coursework: Survey I, Survey II, Survey III, Roads and Highways, Legal Descriptions and Legal Concepts Town of Surfside OH-UG Conversion WR 4269737 Surfside, Florida InfraMap provided QLB utility designating and completed 30 QLA test holes (out of 150 contracted) in support of phase I the utility undergrounding project. Mr. Engle provided professional review, judgement, and oversight for this project. Phase I Value: $34,255, Phases II & III Value: $68,000 ea. InfraMap completed 528 QLA test holes, confirming the finite location, material type and condition for each hole under the lead pipe conversion study for the City of Ft. Lauderdale. Mr. Engle provided professional review and oversight for this project. Value: $352,882. InfraMap performed QLB utility designation and completed 60 QLA test in the neighborhoods of Progresso Village, Victoria Park, and the SE Isles. Mr. Engle provided professional review and oversight for this project. Phase I Value: $54,271. Phase II Value TBD. InfraMap provided QLB utility designating and targeting, and completed 25 QLA test for the reclaimed water line design in areas 5 and 10. Mr. Engle provided professional review and oversight for this project. Value: $35,900. InfraMap provided QLB utility designating and survey as well as and completed 24 QLA test holes for the city of Ft. Lauderdale. Mr. Engle provided professional review and oversight for this project. Value: $28,401. Lead and Copper Rule Revision Project Ft. Lauderdale, Florida Victoria Park Stormwater Project, Phase I Ft. Lauderdale, Florida City of Delray Beach Areas 5 & 10 Reclaimed Water Project Delray Beach, Florida New High Service Pump Station at Fiveash WTP Ft. Lauderdale, Florida Professional Surveyor and Mapper #5708 SUE Survey Manager 30+1 2024 2024 2024 2024 2024 34WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041968 685 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME David R. Rosa 13. ROLE IN THIS CONTRACT Environmental 14. YEARS EXPERIENCE a. TOTAL 25+ b. WITH CURRENT FIRM 5 15. FIRM NAME AND LOCATION (City and State) McFarland-Johnson, Inc., Miami Gardens, FL 16. EDUCATION (Degree and Specialization) BS - University of Sagrado Corazon / Natural Sciences, PR / 2001 Certificates: Turner School of Construction Management; FDEP SWPPP Inspector (#19226); HUD Introduction to NEPA; Part 58 Environmental Review for HUD-Assisted Projects; HUD Site Planning and Feasibility; HUD Assessment Tool for Environmental Compliance; EIA Campus NEPA Technical Writing; USACE Statewide / FL Statewide Wetland Delineation 17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline) N/A 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Mr. Rosa has 25+ years of experience in the environmental and engineering fields in the public and private sector. His professional experience includes institutional, water and wastewater, energy, environmental, transportation, housing and building sector projects. He has served as a Project Manager and Environmental Discipline Manager for several projects funded under CDBG, HUD and FEMA/FDEM HMGP requiring the ability to effectively handle multiple tasks in a fast-paced environment. His expertise includes National Environmental Policy Act (NEPA) documents, compliance, coordination, permitting, studies, compensatory mitigation, monitoring and environmental management. He has completed multiple Environmental Assessments and supporting studies for community developments and public housing improvements and modernization. He is also a Qualified Environmental Professional as defined in 312.10 of 40 CFR Part 312 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) NYC Build It Back Program – Hurricane Sandy Recovery Program, Staten Island, Queens and Brooklyn | NY (2) YEAR COMPLETED PROFESSIONAL SERVICES 2017 CONSTRUCTION (If applicable) N/A (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE [ ] Check if project performed with current firm Environmental Discipline Manager responsible for environmental permitting effort. Project involved design, environmental reviews and permitting services for the CM/Design Build reconstruction/rehabilitation/replacement of over 700 homes. b. (1) TITLE AND LOCATION (City and State) Monroe County Crane Blvd Shared Use Path, Monroe County, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES On going CONSTRUCTION (If applicable) N/A (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE [X] Check if project performed with current firm Environmental Project Manager supporting the Engineering Design, and responsible the NEPA, Permitting and Mitigation services for the Crane Blvd Shared Use Path Project. Scope of work for this project includes engineering design, state and federal environmental permitting, comprehensive agency coordination, detailed habitat evaluation and fulfillment of NEPA, including NHPA Section 106 and USDOT Section 4(f) consultation. Scope also included SFWMD Environmental Resource Permit, USACE Section 404 Permitting, Contamination Assessment and site investigations. c. (1) TITLE AND LOCATION (City and State) City of Fort Lauderdale GTL WWTP 60-Inc Dia. Force Main Design- Build Project (2) YEAR COMPLETED PROFESSIONAL SERVICES 2025 CONSTRUCTION (If applicable) Ongoing (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE [X] Check if project performed with current firm Environmental Lead providing support to the design-build team and responsible for the preparation of Wetland and Biological Report, Tree Surveys, SWPPP Plans, Pre-Construction Soil and Groundwater Contamination Sampling, Construction Dewatering Plans Construction, Environmental Soil and Management Plan, and the review of permit applications such as SFWMD Environmental Resource Permits, Wetland Permit, and Dewatering Permits. Also assisted with the agency coordination and pre-application meetings. The project consisted of the installation of +/-4,000 linear feet of effluent force main, via a combination of micro tunneling and open-cut. The project was divided into three different phases (Phases 1A-1B, 2 and 3). d. (1) TITLE AND LOCATION (City and State) HUD Environmental Assessment for Alturas de Cupey Public Housing Modernization (2) YEAR COMPLETED PROFESSIONAL SERVICES 2017 CONSTRUCTION (If applicable) N/A (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE [ ] Check if project performed with current firm Environmental and Permitting Manager responsible for the preparation of the NEPA Environmental Assessments and all federal and state permit application for this project. Scope included pre-application meetings and consultations with SHPO, USFWS and building department. STANDARD FORM 330 (REV. 8/2016) PAGE 2 35WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041969 686 STANDARD FORM 330 (7/2021) PAGE 1 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME Edil H. Pena Jimenez 13. ROLE IN THIS CONTRACT Stormwater 14. YEARS EXPERIENCE a. TOTAL 28 b. WITH CURRENT FIRM 3 15. FIRM NAME AND LOCATION (City and State) McFarland-Johnson, Inc., Binghamton, NY 16. EDUCATION (Degree and Specialization) BS / Civil Engineering / Polytechnic University of Puerto Rico / 1995 17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline) FL / PE PR / PE 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Edil is a Senior Transportation Engineer and Project Manager with a strong civil engineering background with many years of experience. He is accomplished in planning, designing, and executing engineering projects from conceptual through project completion, with strong troubleshooting and problem-resolution skills. He has designed many complex highway and roadway projects as well as civil engineering projects encompassing institutional and commercial facilities with complex geometry, grading, drainage, utility coordination, and stormwater facilities. He is highly organized and detail-oriented, demonstrating broad strengths and experience in civil site design, roadway engineering, and 3D corridor modeling. Edil also has proficient knowledge of Open Roads Geopak, Autodesk Civil 3D, ICPR4, Hydraflow Hydrographs, Hydraflow Storm Sewers, Microsoft Project, Microsoft Office, and others. 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) City of Miami Beach Traffic Signal Relocation at 5900 Collins Avenue (2) YEAR COMPLETED PROFESSIONAL SERVICES 10/2025 CONSTRUCTION (If Applicable) (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm Sr. Project Manager and Engineer of Record for the engineering design, permitting, and construction support documentation services necessary for relocating the traffic signal at 5900 Collins Ave, including a temporary relocation. This relocation is required for the installation of a new subaqueous sewer force main, which is planned to be replaced in coordination with this project. b. (1) TITLE AND LOCATION (City and State) Golden Pines Roadway and Drainage Improvements - SW 23 Street, SW 24 Street, SW 24 Terrace, and SW 25 Street, from SW 27th Avenue to SW 32nd Avenue, City of Miami, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If Applicable) (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☐Check if project performed with current firm QA/QC manager responsible for the quality and accuracy of the 3D corridor modeling and plans production. The project consisted of reconstructing four roadway segments to address ponding and flooding issues in the community, providing a new typical section, a new vertical profile, a new drainage system, sidewalks, driveways, and signing and pavement markings. The project was separated into four sets of roadway plans, requiring four different 3D corridor models and CADD files, one for each roadway segment i mprovement. c. (1) TITLE AND LOCATION (City and State) City of Miami Beach Evacuations Plans for Government Buildings, Miami, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES 10/2025 CONSTRUCTION (If Applicable) (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm Project Manager. This project involves engineering design, environmental permitting, and NEPA compliance for a 10-foot-wide, 5,300-foot-long shared use path along the east side of Crane Boulevard (Upper Sugarloaf Key, MM 19–20). The path will enhance connectivity between residential neighborhoods, provide a safe route to Sugarloaf School (K–8), and link the USFWS Upper Sugarloaf Trail to the Overseas Heritage Trail on US-1. Design will follow FDOT standards and include wetland impact assessment. d. (1) TITLE AND LOCATION (City and State) City of Sweetwater Strom Drainage Improvements - Northern Area Phase 2 – NW 108 Avenue from NW 17th Street to NW 21st Street, Sweetwater, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If Applicable) (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☐Check if project performed with current firm Lead design engineer and EOR responsible for the design of all roadway and drainage improvements. The project was part of the City of Sweetwater Master Stormwater Management Plan to address ponding and flooding issues. It consisted of reconstructing the roadway, providing a new typical section with curb and gutter, raising the roadway with a new vertical profile, and installing a new drainage system, including 829 ft of exfiltration trench, sidewalks, driveways, and signing and pavement markings. e. (1) TITLE AND LOCATION (City and State) NE 2nd Avenue Design-Build Project from NE 69th Street to NE 84th Street, Miami Dade County Public Works, Miami, FL (2) YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (If Applicable) (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☐Check if project performed with current firm Lead drainage engineer and drainage EOR. Performed the drainage system design, including ICPR Modeling of 2,162 lft of French Drain and more than 125 interconnected drainage structures. Responsible for drainage design and permitting. Project entailed roadway reconstruction, new typical section with curb and gutter, and adjusting the roadway with a new vertical profile. 36WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041970 687 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT 12. NAME Aaron Cutler, CGC, PMP 13.ROLE IN THIS CONTRACT Construction Manager 14.YEARS EXPERIENCE a.TOTAL 23 b. WITH CURRENT FIRM33 15. FIRM NAME AND LOCATION (City and State)South Florida Engineering Services, Inc. Loxahatchee, FL 16. EDUCATION (Degree and Specialization) A.A.S.- Civil Engineering Technology, 17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)Certified General Contractor - Florida 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)Certifications: State of Florida Certified General Contractor, Project Management Professional Project Management Institute (PMI), Red Vector FDOT Asphalt Paving Level One Certification, Florida Department of Environmental Protection Stormwater Erosion and Sedimentation Control- Certified Stormwater Management Inspector (No. 21817) 19. RELEVANT PROJECTS (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED FPL CWRC Effluent Reclaimed Pipeline Turkey Point Homestead, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2023-2024 May 2024 a.(3) BRIEF DESCRIPTION (Brief scope size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm X This SFES project is a joint venture design build with Black & Veatch/Overland Contracting Group and Giannetti Contracting Corporation. The Giannetti Contracting Team hired SFES to provide Project Management Oversight and Site Representative Oversight included full contract administrative tasks to ensure the project remained on schedule and compliant with all special conditions and requirements. Role: Construction Manager | Construction Cost: $ 34,217,577.28 (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED Seacrest Beautification FDOT LAP Project Delray Beach, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2021 2022 b.(3) BRIEF DESCRIPTION (Brief scope size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm CEI Construction Manager for B&W on this Full Roadway Replacement Project, Construction Administration, Public Outreach, and FDOT LAP Coordination, Sidewalk Replacement, Pedestrian crosswalks and dedicated bike lane improvements. Role: Construction Project Manager | Construction Cost: $ 1,735,860.00 (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED Beach Master Plan Phase 2 Delray Beach, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2020 2021 c.(3) BRIEF DESCRIPTION (Brief scope size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm CEI Construction Manager for B&W on this Beach Improvements and Decorative Roadway Intersection Replacement Project, Construction Administration, Public Outreach, and FDOT LAP Coordination, Sidewalk Replacement, Beach Access Pedestrian Fencing, ADA Ramps. Role: Construction Project Manager | Construction Cost: $ 5,500,000.00 (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED Atlantic Dunes Seawall Replacement Delray Beach, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2021 2022 d.(3) BRIEF DESCRIPTION (Brief scope size, cost, etc.) AND SPECIFIC ROLE Check if project performed with current firm Construction Manager for B&W on this Seawall Replacement Improvement Project. This project included Construction Management, Inspection Services, Contract Administration, Permitting Compliance, Outside Engineering Coordination, and Public Outreach. Role: Construction Manager | Construction Cost: $ 847,843.00 (1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED FKAA & Wade Trim Islamorada Transmission Main Replacement Islamorada, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2023 (ongoing) 2023 (ongoing) e.(3) BRIEF DESCRIPTION (Brief scope size, cost, etc.) AND SPECIFIC ROLE x Check if project performed with current firm Construction Manager for Large Diameter Steel Welded 36-inch Transmission Water Main Replacement Project, Construction Administration, Public Outreach, FDOT Coordination, Roadway Replacement, Heritage Trail Replacement, and Direct Owner Purchase Administration, Design Engineer Coordination. Grant Administration. Role: Construction Manager | Construction Cost: $ 45,000,000.00 37WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041971 688 STANDARD FORM 330 (REV. 7/2021) E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT 12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE Rutu Nulkar, P.E. Senior Geotechnical Engineer/QA/QC Review a. TOTAL b. WITH CURRENT FIRM 20 20 15. FIRM NAME AND LOCATION (City and State) Terracon Consultants, Inc. (West Palm Beach, FL) 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) M.S., Civil Engineering, University of Florida, 2004 B.S., Civil Engineering, Veermata Jijabai Technological Institute, 2001 Professional Engineer: FL: 70625, (02/2027) 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Affiliations: American Society of Civil Engineers (ASCE) Florida Engineering Society (FES) 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED East Flagami Flood Improvements Reasonable Assurance Reports (RARs) /NW 38th Court to NW 42nd Avenue and NW 1st Street to NW 7th Street Miami, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2024 Not Applicable (N/A) (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒ Check if project performed with current firm Senior Geotechnical Project Engineer/Project Manager. The project consists of utility improvements along the project corridor including the proposed construction of one stormwater well system for storm run-off in the proposed area. Provided subsurface exploration and geotechnical engineering services for the utility improvements project. The geotechnical engineering report included site location and exploration plans, boring logs with field and laboratory data, stratification based on visual soil (and rock) classification, groundwater levels observed during drilling, subsurface exploration procedures, description of subsurface conditions, exfiltration test results, geotechnical engineering recommendations for pipe backfill, and geotechnical foundation recommendations for the proposed pump station. Four RARs included current geologic conditions and recommendations for well depth casing that would be sufficient to restrict buoyancy from a Class G-III aquifer into a Class G-II aquifer system. Fee: $130,347 b. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED City of Dania Beach DCP for Southeast Stormwater Improvements Dania Beach, FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2022 N/A (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒ Check if project performed with current firm Senior Geotechnical Project Engineer/Project Manager. This project consists of stormwater drainage improvements within the area bound from west to east by Federal Highway and SE 5th Avenue and from the south to the north from SE 10th Street to SE 2nd Street. The proposed structures included two pump stations and an exfiltration trench. Terracon performed subsurface exploration and geotechnical engineering that included the advancement of test borings, exfiltration tests, pavement cores, and double ring infiltrometer (DRI tests). The samples obtained in the field were laboratory tested. The firm provided information and geotechnical engineering recommendations relative to subsurface soil (and rock) conditions, groundwater conditions, pavement core information, exfiltration test results, and recommendations for the proposed pump stations. Fee: $38,584 c. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED NW 84th Avenue Improvements from 58th Street to 74th Street Miami FL PROFESSIONAL SERVICES CONSTRUCTION (If applicable) 2021 N/A (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒ Check if project performed with current firm Senior Geotechnical Project Engineer/Project Manager. The proposed improvements project includes roadway reconstruction, a proposed stormwater system of continuous interconnected exfiltration trench, utility relocations, sidewalks, curb and gutter, signage, mast arms, and signalization. As PM, Rutu managed the project and Terracon’s staff, and was in responsible charge of the signed and sealed geotechnical data report. Terracon performed subsurface exploration (borings and percolation tests) and geotechnical engineering services, and provided information and geotechnical engineering recommendations relative to subsurface soil (and rock) conditions, groundwater conditions, and percolation test results.Fee: $31,916 d. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED 38WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041972 689 STANDARD FORM 330 (REV. 7/2021) E.RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE SHARON J. MERCHANT PRINCIPAL-IN-CHARGE A. TOTAL B. WITH CURRENT FIRM 30 YEARS 22 15. FIRM NAME AND LOCATION (City and State) THE MERCHANT STRATEGY, INC – 1804 NORTH DIXIE HWY, STE B, WEST PALM BEACH, FL 33407 16. EDUCATION (DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE) FLORIDA STATE UNIVERSITY – B.S. – INTERNATIONAL BUSINESS N/A 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.) Sharon J. Merchant is a distinguished professional with an impressive career spanning over 30 years, marked by her leadership in both public and private sectors. As a former Member of the Florida House of Representatives and the current President of The Merchant Strategy (TMS), she brings a wealth of experience in public involvement, governmental relations, and community relations. Sharon's illustrious career includes her tenure as a Member of the Florida House of Representatives, where she played a pivotal role in shaping policies and representing the interests of her constituents. 19. RELEVANT PROJECTS a. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED CES CONSTRUCTION/SEACOAST UTILTIES – WATERMAIN REPLACEMENT PROJECTS – CITY OF PALM BEACH GARDENS, FLORIDA PROFESSIONAL SERVICES CONSTRUCTION (if applicable) Ongoing NA (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm The PGA Golf Club Estates development project overseen by CES Consultants encompasses comprehensive water main improvements, involving the replacement of the existing asbestos cement (AC) water main with new ductile iron pipe (DIP). Additionally, the project includes the installation of sewer point of service cleanouts to properties lacking them. Sharon is the Public Involvement Specialist Senior for multiple Seacoast Utilities projects with CES Construction. The projects are the Garden Isles Water Main Replacement project, Crystal Pointe project, Captain’s Key project, and the Juno Isles East Water Main Replacement project, all located in Palm Beach Gardens. She is responsible for Quality Assurance and Quality Control. The overall estimated cost for services and outlined expenses is $53,490. b. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED WHITING TURNER – CITY OF HOLLYWOOD CMAR NORTH BEACH UTILITIES UNDERGROUNDING CONVERSION PROJECT - HOLLYWOOD, FLORIDA PROFESSIONAL SERVICES CONSTRUCTION (if applicable) ongoing NA (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm The North Beach Utilities Underground Conversion, a Go Bond project, includes the hardening of utilities for barrier island north beach area outside of the BCRA district to include residential streets east of A1A to the ocean. Includes pavement restoration, road resurfacing and replacement of streetlights. Sharon is the Public Involvement Specialist Senior for this City of Hollywood CMAR North Beach Utilities Underground Conversion Project. She is responsible for all Quality Assurance and Quality Control. Their estimated total cost for these services amounts to $25,825, covering communication, meeting coordination, hotline management, collateral creation, and quality control for the project. The total estimated project of $5.5 Million c. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED AECOM –CITY OF BOYNTON BEACH – COQUINA COVE DRAINAGE PROJECT – BOYNTON BEACH, FLORIDA PROFESSIONAL SERVICES CONSTRUCTION (if applicable) ongoing NA (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm The project scope includes complete standard paving, grading, and drainage with improvements to the potable water line on Ocean Inlet Drive to improve fire protection. The proposed drainage system may consist of new piping, inlets, and outfalls to provide some relief to localized flooding. Sharon is the Public Involvement Manager of this project with AECOM for the Coquina Cove Drainage Project in Boynton Beach, Florida. Sharon is responsible for Quality Assurance and Quality Control and will attend all neighborhood and public meetings. With an estimated total of 192 hours, their meticulous services aim to ensure transparent communication, community engagement, and effective public outreach throughout the project's duration, totaling an estimated cost of $23,451.16. d. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED WGI – CITY OF DELRAY BEACH NORTH SWINTON AVENUE ROADWAY UNFDERGROUND UTILITY IMPROVEMENTS PROJECT – DELRAY BEACH, FLORIDA PROFESSIONAL SERVICES CONSTRUCTION (if applicable) 2024 NA (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm The scope of this project is to provide civil engineering and design services to design complete roadway and underground utility improvements: sewer / drainage / sanitary force‐main / street lighting, and roadway signage; and prepare project implementation documents including plans, specifications, permits, and project cost estimates in accordance with City policies, procedures, standards, and requirements for roadway improvement and utility improvement / replacement of approximately 1.5 miles of roadway and utility improvements. The project also includes streetscape improvements. Sharon is in charge of all quality control and quality assurance for this City of Delray Beach North Swinton Avenue Roadway Underground Utility Improvements project. The overall estimated cost for services and outlined expenses tallies to $57,573.40. e. (1) TITLE AND LOCATION (City and State) (2) YEAR COMPLETED CITY OF BOYNTON BEACH - CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PROJECT - BOYNTON BEACH, FLORIDA PROFESSIONAL SERVICES CONSTRUCTION (if applicable) 2021 2021 (3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE ☒Check if project performed with current firm The project scope included improvements include watermain replacement, wastewater force main, stormwater system upgrades including new exfiltration trench, pavement overlay, landscape relocations, and miscellaneous upgrades to driveway aprons and sidewalks. Sharon was the Public Involvement Senior Specialist for the Water Main Replacement Scope/Central Seacrest Phase II Project. She oversees all public involvement activities, including meetings with stakeholders, maintaining project hotline and preparation of collateral materials. The estimated total cost for these services amounts to $22,000.00. 39WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-041973 690 40WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 1 21� TITLE AND LOCATION (CITY AND STATE) Palm Island and Hibiscus Island Neighborhood Improvements (Miami Beach, FL) 22� YEAR COMPLETED PROFESSIONAL SERVICES 2014 CONSTRUCTION (IF APPLICABLE) 2023 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Miami Beach, FL B� POINT OF CONTACT NAME Matthew LePera, PE C� POINT OF CONTACT TELEPHONE NUMBER 305�673�7000 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Miami, FL (3) ROLE DB Team / Engineer of Record As a design-build team, Wade Trim and Lanzo Construction completed neighborhood infrastructure improvements for the City of Miami Beach’s stormwater management program� The improvements included raising and reconstructing the roadways, constructing a new stormwater drainage system with pumped outfalls, new water main installation, relocation of some water services, utility undergrounding, roadway lighting, streetscape improvements, and bike lanes� The stormwater drainage system was modeled using ICPR software and the detailed design for the collection system was completed using AutoCAD C3D� The stormwater drainage improvements required the design and installation of three new pump stations with associated collection systems, treatment trains, and outfalls to Biscayne Bay� Stormwater is treated through a trash rack and continuous deflection separation (CDS) unit to remove trash, debris, sediment, and hydrocarbons from the runoff� It is then pumped to a dissipation structure and through the outfall piping to the outfall� The water distribution system improvements included 3�2 miles of new, 8-inch ductile iron water main throughout both islands� The water mains were installed along the public streets, including new fire hydrant assemblies, tie-ins to the existing water mains, and service connections at each parcel� The stormwater system included three pumping stations ranging from 20 to 30 MGD and over 10,000 LF of 24- to 60-inch stormwater pipelines� T he project scope was expanded during construction to include evaluating all 296 properties for eligibility for a private side collection system based on the Miami Beach revised 2019 drainage policy implementing the requirements of Resolution 2019-30683� The evaluation included updating the ICPR model to evaluate the addition of private drainage connections and resulted in 63 properties opting into the program requiring site specific drainage design and 8 additional DERM class II permitting packages� Because every resident on both islands was impacted, a detailed public involvement program was undertaken including engineering involvement in on site in PROJECT SiZE |4�3 miles of roadway elevation |17,500 LF of water mains (8-inch) |10,000 LF of stormwater (24- to 60-inch) |Three pump stations (20 to 30 MGD) PROJECT COST (DESiGN / CONSTRUCTiON) $3M (design) / $42M (construction) DISCIPLINE: ;Urban Road Design with Experience Elevating and Harmonization ;Stormwater Pipe Design ;Design and Permitting of Stormwater Pump Stations and Water Quality Treatment Systems ;Stormwater Hydraulic Modeling ; Roadway Design 74 691 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 41WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 2 21� TITLE AND LOCATION (CITY AND STATE) Sunset Harbour Neighborhood Improvements (Miami Beach, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2014 CONSTRUCTION (IF APPLICABLE) 2022 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Miami Beach, FL B� POINT OF CONTACT NAME Matthew LePera, PE C� POINT OF CONTACT TELEPHONE NUMBER 305�673�7000 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Miami, FL (3) ROLE DB Team / Engineer of Record The City of Miami Beach is a series of natural and man-made islands� With a ground elevation ranging from 2 to 10 feet above sea level, managing stormwater during heavy rainfall and king tides can be difficult� Improvements were undertaken in the Sunset Harbour Neighborhood, one of the lowest-lying areas in the City, to serve as the pilot for a $400-million City-wide stormwater management program� The City adopted a significant increase in the tailwater elevation for design of stormwater projects in early 2014� The ground elevation in the Sunset Harbour area is near the design tailwater elevation and below it in some areas� The system that pumped stormwater from the Sunset Harbour Pump Stations No� 1 and 2 to nearby injection wells was no longer a feasible way to dispose of stormwater� Wade Trim designed upgrades for the existing pump stations and designed a third pump station under a Design-Build contract� The improvements were modeled in ICPR to confirm the proposed improvements would have sufficient capacity for the design storm and the detailed design was completed in AutoCAD C3D� Water quality vortex structures were added to the pump stations, the injection wells were decommissioned, and the discharges were re-piped to larger outfall structures� Control panels were elevated 2 feet above the flood elevation� The new Sunset Harbour Pump Station No� 3 is a pre-cast concrete station with a trash rack, wet well, and pollution control structures designed to the new standards� Two submersible pumps were provided with a capacity of 7,000 GPM each� Water quality treatment structures and a gravity bypass with Tideflex valves were incorporated into the design� The design team eliminated an energy dissipator by upsizing the discharge pipe� This was the first project in the City to combat sea level rise by raising the neighborhood infrastructure� The elevated roadway design created challenges where building finish floor elevations in the largely commercial neighborhood remained 2 to 3 feet below the crown of the road elevation� Each property required an individual harmonization solution to maintain ADA-compliant access to the buildings� In several areas, the roadway width was decreased to make room for a larger sidewalk and patio area near the building entrances� Positive drainage was established in these areas to keep any minor flooding at the drainage structures away from the building entrances� Significant public outreach efforts were undertaken with property owners impacted by the project� PROJECT SiZE |1�2 miles of roadway elevation |Two pump station rehabilitations |New 20-MGD pump station |20-inch water mains PROJECT COST (DESiGN / CONSTRUCTiON) $1�4M (design) / $26M (construction) DISCIPLINE: ;Urban Road Design with Experience Elevating and Harmonization ;Design and Permitting of Stormwater Pump Stations and Water Quality Treatment Systems ;Water Mains, Force Main and Sanitary Sewer Design ;Stormwater Hydraulic Modeling 75 692 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 42WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 3 21� TITLE AND LOCATION (CITY AND STATE) Southeast Seminole Heights Flooding Relief (Tampa, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2019 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Tampa B� POINT OF CONTACT NAME Saad ElBakkouri C� POINT OF CONTACT TELEPHONE NUMBER 813 �274 �8 469 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Tampa, FL (3) ROLE DB Team / Engineer of Record As the lead engineer on a design-build team with Nelson Construction, Wade Trim designed the stormwater conveyance system on this flooding relief project� Design services included route selection, hydrologic modeling, preliminary design report, co-funding assistance, permitting, final design, geotechnical engineering, surveying, sustainable stormwater treatment systems, transportation upgrades, and preparation of guaranteed maximum price (GMP)� Segments 1 and 2 consisted of 11,600 LF and 3,700 LF of box culvert, round culverts, laterals, inlets, interconnections to the existing stormwater system, and associated utility construction� Nearly 11,700 LF of water main was also replaced� Major elements included 5,507 LF of 4- by 7-foot concrete box culvert (CBC); 210 LF of 72-inch reinforced concrete pipe (RCP) installed using trenchless construction techniques; 1,863 LF of 60-inch RCP; 59 LF of 54-inch RCP; 2,898 LF of 48-inch RCP; 1,025 LF of 42-inch RCP; 1,295 LF of 36-inch RCP; 2,270 LF of 30-inch RCP; 299 LF of 24-inch RCP; 420 LF of 18-inch RCP; 4,937 LF of 8-inch sanitary sewer; 15,774 LF of 6-inch water main; 506 LF of 8-inch water main; 1,480 LF of 20-inch water main; 1,022 LF of 24-inch water main; 21 new fire hydrants; 20 water main adjustments to 2-inch through 30-inch water mains; and all associated structures, manholes, removals, meters, and surface restoration� An outfall structure was designed on the Hillsborough River as one of the main points of stormwater discharge� The structure splits the flow into two structures, each with an internal basket/screen that captures and prevents any trash or debris from entering the river� The structure dissipates flow and settles out suspended sand using a series of internal weirs� Two effluent openings at the structure’s point of discharge are large enough for a baby manatee to swim into during a high tide or major storm event� With some help from the local group, Friends of the Hillsborough River, lockable manatee gates were designed and constructed to prevent this from happening� We designed marked bicycle lanes on Osborne Avenue at the end of the project, and on Hillsborough Avenue west of Central Avenue� PROJECT SiZE |2�9 miles of storm conveyance (18- to 60-inch) |2�9 miles of roadway elevation |24-inch water mains PROJECT COST (DESiGN / CONSTRUCTiON) $4�6M (design) / $30M (construction) DISCIPLINE: ;Urban Road Design with Experience Elevating and Harmonization ;Stormwater Pipe Design ; Design and Permitting of Stormwater Pump Stations and Water Quality Treatment Systems ;Roadway Design 76 693 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 43WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 4 21� TITLE AND LOCATION (CITY AND STATE) Donut Hole Water Mains (Miami Gardens, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2019 CONSTRUCTION (IF APPLICABLE) 2020 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER Miami-Dade WASD B� POINT OF CONTACT NAME Marisela Aranguiz-Cueto C� POINT OF CONTACT TELEPHONE NUMBER 786�552�8894 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Miami, FL (3) ROLE DB Team / Engineer of Record The Miami-Dade Water and Sewer Department extended drinking water service to an underserved area in the City of Miami Gardens known as the Donut Hole area� The existing undersized and deteriorated water mains and main loop closures were replaced to improve system pressure and fire flow protection� As the lead engineer on a design- build team with Lanzo Construction Company, Wade Trim provided design, permitting, and engineering services during construction� More than 6�5 miles of new 6-, 8-, and 12-inch ductile iron pipe water mains were installed, and over 500 service connections were relocated from the rear to the front of properties� All ancillary piping, tapping, and tie-in connections were designed to facilitate successful construction and commissioning of the new water main system, along with property and pavement restoration� A two-phase approach was used to expedite the project schedule� Construction began on the larger distribution main while the smaller neighborhood lines and associated meter switchovers were still being designed and coordinated with residents� The private meter switchovers required close coordination among the contractor, residents, and design staff to minimize the disturbance to private property� Wade Trim construction engineering services included construction administration, resident engineering, and inspection, attendance of pre-construction meetings, shop drawing review, RFI review, site field visits, substantial and final completion site field visits, permit closeout, and certification� PROJECT SiZE |6�5 miles of 6-, 8-, and 12-inch ductile iron pipe water mains PROJECT COST (DESiGN / CONSTRUCTiON) $608K (design) / $9�5M (construction) DISCIPLINE: ;Water Mains Design ;Construction Engineering and Administration 77 694 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 44WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 5 21� TITLE AND LOCATION (CITY AND STATE) American Beach Water and Sewer Improvements (American Beach, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2022 CONSTRUCTION (IF APPLICABLE) 2024 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER FGUA B� POINT OF CONTACT NAME Teresa Irby-Butler, P�E�, CGC, ENV SP C� POINT OF CONTACT TELEPHONE NUMBER 407-629-6900 x 106 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Tampa, FL (3) ROLE Prime (Lead Engineer) After more than two decades of effort, potable water and centralized sewer are serving American Beach, a historic African-American coastal community on Amelia Island in Nassau County, FL� An infrastructure renewal project was led by the Florida Governmental Utility Authority (FGUA) through an interlocal agreement with the County� Private wells and septic tanks serving residential and commercial properties were replaced to provide a safe and reliable water and sanitary sewer system and fire protection, improve community health and welfare, and promote economic growth in the area� To minimize financial impacts on this low-income community, Wade Trim assisted FGUA in obtaining State Revolving Fund (SRF) loans from the Florida Department of Environmental Protection (FDEP)� Initial efforts included conducting a preliminary environmental assessment, determining existing and future land use, developing future flow rates and peaking factors, preparing conceptual alignments and a route study to co-locate two pipelines through the corridor, and supporting many public presentations to residents and County officials� Due to limited availability of funding in 2021, the project was designed and permitted in 3�5 months to help FGUA obtain two SRF loans totaling $8�6 million for construction, which included partial principal forgiveness� The entire project was completed at no cost to residents� The design includes 18,480 LF of potable water mains and fire flow ranging from 2- to 6-inch, 16,312 LF of 8-inch gravity sewer, 2,186 LF of 4-inch force main, and two new wastewater pumping stations that can handle 79,250 gallons per day� A total of 311 water and sanitary sewer connections were incorporated in the design� Wade Trim assisted in property acquisition efforts to locate the new utilities� Ultimately, 233 residents transitioned from septic systems to centralized gravity sewer, reducing the negative impacts of excess nutrient pollution on the local environment and water quality� Complete resurfacing of all roadways in the American Beach community was also completed� PROJECT SiZE |18,480 LF of potable water mains and fire flow ranging from 2- to 6-inch, 16,312 LF of 8-inch gravity sewer, 2,186 LF of 4-inch force main, and two new wastewater pumping stations PROJECT COST (DESiGN / CONSTRUCTiON) $575K (design) / $8�8 M (construction) DISCIPLINE: ;Water Mains, Force Main and Gravity Sewer Design ;SRF Loans ;Property Acquisition Efforts ;Resurfacing of All Roadways 78 695 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 45WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 6 21� TITLE AND LOCATION (CITY AND STATE) SOIRL Septic to Sewer (Zone N, M and T) (Viera, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) 2026 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER Brevard County B� POINT OF CONTACT NAME Lucas Siegfried, PE C� POINT OF CONTACT TELEPHONE NUMBER 321�633�2089 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Palm Bay, FL (3) ROLE Prime/Lead Designer The Indian River Lagoon is a unique and diverse ecosystem spanning Brevard County and four other adjacent counties, providing economic and environmental benefits to local residents and businesses� However, failing septic systems have led to declining water quality, prompting Brevard County and the Save Our Indian River Lagoon (SOIRL) Initiative to identify targeted septic system “Zones” for conversion to centralized sanitary sewer systems� Wade Trim was engaged to develop a master plan for phasing 10 zones over the program schedule while ensuring adherence to the County’s funding constraints� As part of this effort, Wade Trim worked closely with County officials to prioritize zones, determine the appropriate collection system technologies, and phase implementation for cost efficiency and environmental impact reduction� Following the master plan, Wade Trim initiated the design of the 10 identified zones, along with three additional zones assigned under a separate contract� These designs incorporated a mix of vacuum, gravity, low-pressure, and hybrid sewer systems, depending on site conditions and County objectives� To streamline implementation, priority was given to siting vacuum pump stations (VPS) on County-owned properties, while Wade Trim provided land acquisition assistance when additional property was required� To optimize cost efficiency and attract competitive bids, smaller projects were strategically bundled, grouping zones with similar collection system technologies� In certain instances, zone boundaries were adjusted during the design phase to maximize grant funding opportunities, allowing for the inclusion of additional properties that provided higher nitrogen reduction, increasing eligibility for external funding� PROJECT SiZE |Vacuum collection system for approximately 85 residential homes PROJECT COST (DESiGN / CONSTRUCTiON) $1�05M (design) / $32�9M (construction) DISCIPLINE: ;Vacuum, Gravity, Low-Pressure, Hybrid Sewer Systems Design ;Property Acquisition Efforts ;Hydraulic Modeling ;Public Outreach ;Permitting ;MOT Plan ;Construction Engineering 79 696 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 46WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 7 21� TITLE AND LOCATION (CITY AND STATE) Gibsonton Septic to Sewer Conversion (Tampa, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2024 CONSTRUCTION (IF APPLICABLE) Ongoing 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER Hillsborough County B� POINT OF CONTACT NAME Gita Iranipour C� POINT OF CONTACT TELEPHONE NUMBER 813�734�4549 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Tampa, FL (3) ROLE Prime/Lead Designer Hillsborough County’s Gibsonton area is served with septic tanks, private wastewater systems, or remains unserved� The geographical limits of Gibsonton are bounded by several waterways including the Alafia River to the north, Bullfrog Creek to the east, and Tampa Bay to the west� In an attempt to protect these waterways, the County hired Wade Trim to provide wastewater services to all parcels in the area using a vacuum wastewater collection system, eliminating septic systems� The conceptual design report includes a hydraulic analysis, determination of required vacuum pump stations, hydraulic analysis of force mains, and a corridor routing analysis locating new vacuum mains and other pipelines� This is being followed by a master implementation plan to provide initial project phasing and budgets, identify points-of-connection to existing wastewater systems, and establish design and construction standards for the County’s overall septic-to-sewer program� Preliminary and final design phase services include design drawings for vacuum pump stations, vacuum mains, location of valve pits, new water mains, force mains, roadway restorations including milling and resurfacing� The vacuum pump station consists of vacuum pumps and a collection tank, sewage pumps, odor control, and SCADA� Permitting, construction phase services, construction management and observation, and post construction services are also being provided� Many of the residential streets in this area are narrow and many parcels are served with water mains constructed of asbestos cement pipe that will be removed and replaced� The installation of the vacuum main, associated service laterals, force mains, as well as the removal and replacement of the asbestos cement pipe will adversely impact the local public roads� A public outreach program will be implemented to garner public support and increase understanding of the project� Major intersection and local railroad crossings call for trenchless installation technologies including jack-and-bore and horizontal directional drill� With portions of the corridor congested with many utilities, several existing force main pipelines will be consolidated into the main force main between the vacuum pump station and system point-of-connection� PROJECT SiZE |16 miles of vacuum main |Five miles of force main |7 miles of existing asbestos water mains and service laterals were replaced PROJECT COST (DESiGN / CONSTRUCTiON) $5�93M (design) / $64M (construction) DISCIPLINE: ;New Vacuum Pump Stations ;Replacement of All Water Mains and Force Mains ;Roadway Restoration ;MOT Planning ;Community Outreach ;Permitting ;Construction Phase Services 80 697 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 47WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 8 21� TITLE AND LOCATION (CITY AND STATE) Westcliff Flood Control (Fort Worth, TX)22� YEAR COMPLETED PROFESSIONAL SERVICES 2011 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2025) 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Fort Worth B� POINT OF CONTACT NAME Mike Bennett, PE C� POINT OF CONTACT TELEPHONE NUMBER 817�3 92 �7 891 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Dallas, TX (3) ROLE Prime/Engineer of Record Wade Trim assisted the City of Fort Worth with drainage and flood control improvements in the Westcliff Drainage District� This fully developed urban area has little open space for stormwater improvements� Combined 1D and 2D hydrologic and hydraulic modeling was developed to evaluate the Westcliff South and North Districts’ existing storm sewer capacity and the extent and depth of existing surface flooding� To alleviate future flooding, underground storage and sewer improvements were recommended� Wade Trim identified a phased program to optimize use of available funding to initially solve problems in the South District that also benefit the North District by eliminating cross-district surface flooding� Wade Trim also coordinated with City staff to identify and design routes for a portion of the conveyance improvements that would coincide with future street rehabilitation projects� This minimized disruption, optimized the implementation schedule, and opened up an additional funding source� Wade Trim was subsequently contracted to design the improvements in two phases� Phase 1 consisted of 3,500 LF of 21- to 60-inch reinforced concrete pipe and reinforced box culvert ranging from 7-foot by 7-foot to 10-foot by 8-foot� The project required tunneling under a railroad crossing and coordinating with the City Water Department on water and sanitary sewer improvements� Phase 2 was divided into two parts to minimize local disruptions� Phases 2A and 2B modified conveyance sewer routing to coincide with other City improvement projects� The resulting alignment included 1,420 feet of reinforced concrete box culverts and extensions for future connections� A 10-foot by 10-foot reinforced concrete junction box was also added to accommodate connection with future large-diameter storm drain improvements and storage facilities� PROJECT SiZE |�7 miles of 21- to 60-inch storm sewer PROJECT COST (DESiGN / CONSTRUCTiON) $1M+ (design) / $14M (construction) DISCIPLINE: ;Stormwater Pipe Design ;Design and Permitting of Stormwater Pump Stations and Water Quality Treatment Systems ;Stormwater Hydraulic Modeling 81 698 SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) 48WADE TRIM CITY OF MIAMI BEACH | 2024-524-DF | PROFESSIONAL DESIGN SERVICES FOR THE NORTH BEACH TOWN CENTER (NORTH SHORE D) NEIGHBORHOOD IMPROVEMENT PROJECT F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 9 21� TITLE AND LOCATION (CITY AND STATE) GT Lohmeyer WWTP Redundant Effluent 60-inch Force Main (Fort Lauderdale, FL) 22� YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) Ongoing (est� 2026) 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Fort Lauderdale B� POINT OF CONTACT NAME Daniel LaCross C� POINT OF CONTACT TELEPHONE NUMBER 954�426�1221 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim (2) FIRM LOCATION Tampa and Miami, FL (3) ROLE DB/Engineer of Record B�(1) FIRM NAME McFarland Johnson (2) FIRM LOCATION Hollywood, FL (3) ROLE Subconsultant (Environmental) Wade Trim is the lead Design-Build Lead Engineer for Ric-Man Construction Florida providing hydraulic modeling, design, permitting, and construction administration for the installation of 4,000 linear feet of 60-inch redundant effluent force main via open cut and microtunnel trenchless method� The pipe material will be prestressed concrete cylinder pipe below grade and ductile iron above grade� In addition, roadway widening and drainage improvements of Eisenhower Blvd� The project involves design and construction of the force main, line stops, relocation of third-party utilities, hydraulic and transient modeling, modification to 5 disposal injection wells, modifications to the effluent pump station manifold, bypass pumping and flow metering, electrical and instrumentations modifications, replacement/design of stormwater facilities� The project included an expansion of the lanes of traffic of the Eisenhower Boulevard and detailed maintenance of traffic drawings, to accommodate construction of the shaft on the road without impeding traffic� The work is located adjacent to Port Everglades and fuel storage facilities, where contaminated soils and groundwater are present� This project has multiple stakeholders and utility owners requiring extensive coordination� The force main is being designed in phases to meet specific contract deadlines and interacting with 5 major capital improvement projects that overlapped in project corridor� Permits and approvals are required from the City of Fort Lauderdale, Port Everglades, Broward County, SFWMD, and FDEP� PROJECT SiZE |�7 miles of 60-inch force main PROJECT COST (DESiGN / CONSTRUCTiON) $3�4M (design) / $45�9M (construction) DISCIPLINE: ;Force Main Design and Construction ;Relocation of Third-party Utilities ;Hydraulic and Transient Modeling ;Modifications to 5 Disposal injection Wells ;Modifications to the Effluent Pump Station Manifold ;Replacement/Design of Stormwater Facilities ;Roadway and Drainage improvements ;Extensive Coordination of Multiple Stakeholders 82 699 49WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 10 21� TITLE AND LOCATION (CITY AND STATE) North Bay Village Stormwater Pump Station Assessment and Design, (North Bay Village, FL) 22� YEAR COMPLETED PROFESSIONAL SERVICES 2021 - 2024 CONSTRUCTION (IF APPLICABLE) 2024 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER North Bay Village B� POINT OF CONTACT NAME Marlon Lobban, PE C� POINT OF CONTACT TELEPHONE NUMBER 305�756�7171 EXT� 66 MLobban@nbvillage�com 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME BCC Engineering, LLC (2) FIRM LOCATION Miami, FL (3) ROLE Lead Designer PROJECT SiZE PS Capacity: 24,240 GPM PROJECT COST (DESiGN / CONSTRUCTiON) $275,415 (design) $5 Million (construction) DISCIPLINE: ;Urban Road Design with Experience Elevating and Harmonization ;Design and Permitting of Stormwater Pump Stations and Water Quality Treatment Systems ;Stormwater System Modeling ;Environmental Engineering ;Permitting BCC assisted North Bay Village (Village) in developing its first stormwater master plan (SWMP)� As part of the SWMP development, it was determined that North Bay Island (NBI) would require two 27 cubic feet per second (CFS) pump stations (PS), and roads would need to be raised by approximately two feet to meet the projected sea level and groundwater rise during a 2050 planning horizon� The Village retained BCC to design the PS within the grant timeline under the current General Engineering Services Contract� Under the contract, BCC services include hydrologic/hydraulic modeling, water quality modeling, design, surveying, feasibility studies, geotechnical investigations, permit preparation, construction plans, specifications, and contract documents� They also assist with reviewing contractor bids, provide comprehensive project management services, and offer construction engineering and inspection services� Services include comprehensive engineering for stormwater system modeling, planning, and design; secondary drainage studies; engineering analysis and design; and environmental engineering and permitting� 83 700 50WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 11 21� TITLE AND LOCATION (CITY AND STATE) Flagler Street Downtown Beautification (Miami, FL)22� YEAR COMPLETED PROFESSIONAL SERVICES 2011 - 2019 CONSTRUCTION (IF APPLICABLE) 2019 - 2024 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER Lanzo Corporation / City of Miami Department of Capital Improvements B� POINT OF CONTACT NAME Hector Badia, PE, Director of the Office of Capital Improvements C� POINT OF CONTACT TELEPHONE NUMBER 305�416�1236 HBadia@miamigov�com 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME BCC Engineering, LLC (2) FIRM LOCATION Miami, FL (3) ROLE Lead Designer PROJECT SiZE Project Length: 0�36 miles PROJECT COST (DESiGN / CONSTRUCTiON) $1�5 Million (design) $20 Million (construction) DISCIPLINE: ;Urban Road Design with Experience Elevating and Harmonization ;Stormwater Hydraulic Modeling ;Roadway Reconstruction ;New Water Distribution Line ;Two Sanitary Sewer Gravity Lines ;New Redesign Drainage System ;Permitting ;Construction, Engineering, and inspection The City of Miami Office of Capital Improvements project involves the beautification of Flagler Street in Downtown Miami, Florida, encompassing roadway, parking, and pedestrian accommodations� The professional civil engineering services provided include stormwater hydraulic modeling, full roadway reconstruction with concrete brick pavers, elimination of curbing in favor of flush valley gutters and continuous trench drains, sidewalk widening, valet parking system implementation, on-street parking reconfiguration, and coordination with the landscape architect to propose trees in a corridor densely populated with underground utilities, which are designed and permitted for relocation� The project’s goal is to transform Flagler Street into a pedestrian-friendly roadway that can be closed for special events, creating a street plaza environment� Additionally, traffic calming measures such as lane narrowing, high-visibility pedestrian crosswalks, and decorative street furniture have been introduced� The project also includes new hardscape patterns, street lighting design, a new water distribution line, two sanitary sewer gravity lines, and a redesigned drainage system for a 100-year service life� Extensive coordination with the Miami Downtown Development Agency (DDA), Miami Parking Authority, Utility Agency Owners (UAOs), and permitting authorities is integral to the project� Furthermore, BCC provided Construction, Engineering, and Inspection services� 84 701 51WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 12 21� TITLE AND LOCATION (CITY AND STATE) Convention Center Pump Station at The Intersection of Washington Avenue and Dade Boulevard (Miami Beach, FL) 22� YEAR COMPLETED PROFESSIONAL SERVICES 2015 - 2016 CONSTRUCTION (IF APPLICABLE) 2016 - 2018 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Miami Beach B� POINT OF CONTACT NAME Jay Fink, PE C� POINT OF CONTACT TELEPHONE NUMBER 305�673�7080, JayFink@miamibeachfl�gov 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME BCC Engineering, LLC (2) FIRM LOCATION Miami, FL (3) ROLE Lead Designer PROJECT SiZE PS Capacity: 20,000 GPM 84 Acres (Approx�) PROJECT COST (DESiGN / CONSTRUCTiON) $5�5 Million (construction) DISCIPLINE: ;Min. 60” Stormwater Pipe Design ;Design and Permitting of Stormwater Pump Stations and Water Quality Treatment Systems ;Stormwater Hydraulic Modeling This Design-Build Neighborhood Improvements Project encompassed an area of approximately 84 acres� The improvements included the installation of 2 pump stations consisting of 4-20,000 GPM low-head axial pumps, stormwater pipes ranging from 72” to 96”, water quality treatment structures discharging treated runoff directly into a duplex wet well, a long energy dissipater structure, and approximately 175 feet of new seawall by the most updated City of Miami Beach Public Works standards� This project took into consideration the effects of sea level rise and ensured that this facility would function properly for the estimated design life of the project� Mr� Ferrero assisted in the hydraulic modeling and preparation of construction drawings� 85 702 52WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 2.3.1 | PROJECT EXPERIENCE (SECTION F) F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM’S QUALIFICATIONS FOR THIS PROJECT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) 20� EXAMPLE PROJECT KEY NUMBER 13 21� TITLE AND LOCATION (CITY AND STATE) 41st St. Water Main Replacement 22� YEAR COMPLETED PROFESSIONAL SERVICES 2023 CONSTRUCTION (IF APPLICABLE) 2024 23. PROJECT OWNER’S INFORMATION A� PROJECT OWNER City of Miami Beach B� POINT OF CONTACT NAME Omar Mendoza C� POINT OF CONTACT TELEPHONE NUMBER 305�673�7080 24� BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (INCLUDE SCOPE, SIZE, AND COST) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT A. (1) FIRM NAME Wade Trim, Inc� (2) FIRM LOCATION Miami, FL (3) ROLE Prime/Lead Designer PROJECT SiZE 1,200 LF of water main PROJECT COST (DESiGN / CONSTRUCTiON) $249,523 (design)/$2�7M (construction) DISCIPLINE: ;Water Main Replacement ;MOT ;Congested Utility Corridor ;Permitting ;Stakeholder Coordination To replace aging water main, increase capacity, and prepare for future infrastructure improvements, the City of Miami Beach upsized 1,200 LF of water main along 41st Street and across the Indian Creek Waterway� Located 10 miles east of the Miami International Airport, the project site is a high tourism area within FDOT right-of-way (ROW) that offers one of few access points to the beach� As prime designer, Wade Trim led a team of subconsultants in geotechnical, survey, utility, and maintenance of traffic (MOT)� Existing 16-inch, cast iron, water main from Pine Tree Drive to Collins Avenue, that was attached to the 41st Street Bridge, was replaced with 20-inch HDPE water main under the waterway� The east and west tie-in points were installed via open-cut construction� Horizontal directional drilling (HDD) was used to cross the waterway� Key design challenges included a compound curve, HDD alignment due to the ROW limitations and a congested utility corridor� Additionally, the HDD profile navigated a challenging soil-rock interface, while aligning with the bridge and avoiding its substructure and pilings� Maintaining site access for residents, tourists, and emergency vehicles during construction was paramount� Further, multiple residential buildings had their only parking entrance within the MOT limits� This required tight staging, drilling, and pipe-fusing areas at either end of the project, along with night work for the pipe pullback operation within 200 feet of the beach� In addition, the HDD machine was placed on the west side of 41st Street to avoid closing access to the beach through Indian Creek Drive� Permitting was facilitated through multiple departments from FDOT, USACE, RER, and FDEP� Stakeholder coordination and permitting were extensive to avoid concurrent projects; stay within federal, local, and state requirements; and prepare for projects on the City’s horizon� While separate ongoing water main replacement projects needed to tie into the new 41st Street water main, upcoming projects that require the water main to be complete include the FDOT 41st Street Bridge Rehabilitation, resurfacing and rehabilitation of Collins Avenue and Indian Creek Drive, and Miami Beach’s 41st Street Beautification of landscaping and hardscape improvements� 86 703 29. EXAMPLE PROJECTS KEY NUMBER TITLE OF EXAMPLE PROJECT (FROM SECTION F)NUMBER TITLE OF EXAMPLE PROJECT (FROM SECTION F) 1 Palm Island and Hibiscus Island Neighborhood Improvements (Miami Beach, FL) 7 Gibsonton Septic to Sewer Conversion (Tampa, FL) 2 Sunset Harbour Neighborhood Improvements (Miami Beach, FL)8 Westcliff Flood Control (Fort Worth, TX) 3 Southeast Seminole Heights Flooding Relief (Tampa, FL)9 GT Lohmeyer WWTP Redundant Effluent 60-inch Force Main (Fort Lauderdale, FL) 4 Donut Hole Water Mains (Tampa, FL)10 North Bay Village Stormwater Pump Station Assessment and Design (North Bay Village, FL) 5 American Beach Water and Sewer Improvements (American Beach, FL)11 Flagler Street Downtown Beautification (Miami, FL) 6 SOIRL Septic to Sewer (Zone N, M and T) (Viera, FL)12 Convention Center Pump Station at The Intersection of Washington Avenue and Dade Boulevard (Miami Beach, FL) 13 41st St� Water Main Replacement (Miami Beach, FL) G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 26� NAMES OF KEY PERSONNEL (From Section E, Block 12) 27� ROLE IN THIS CONTRACT (From Section E, Block 13) 28� EXAMPLE PROJECTS LISTED IN SECTION F (Fill in “Example Projects Key” section below before completing table. Place “X” under project key number for participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 11 12 13 Shari Ramirez, PE Project Manager / Water Mains z z Tom Brzezinski, PE Principal in Charge z z z z z z Freddy Betancourt, PE QA/QC and Technical Advisor z z z z Gary Prenger, PE QA/QC and Technical Advisor z z z David Mullen, PE Design Manager / Stormwater Pumping and Conveyance Lead / Harmonization z z z Salome Montoya, PE Utilities Pipeline Lead z z James Gunther, PE Construction Engineering Lead z AJ Gutz, PE Hydraulic Modeling z Sam Graybill, PE Conveyance Pipe Design z Anthony Vecchio, PE Conveyance Pipe Design z Mike Demko, PE Pump Station / Water Quality z z Jim White, PE Structural Design z z z Lindsey Scott, PE Sanitary Force Main Engineer z z z z Starr Alfonso Utility Coordination z z z z Oscar Duarte, PE Gravity Sewer z z z Andy Franosz, DBIA Constructability z z Wayne Hoffman Grant Administration z Henric Mendez, PE Street Lighting z Jean Rodriguez, PE Cost Estimating / Grant Administration z Dacha Quintana, PE Signalization z Keri-Ann C� Coore-Vickers, PE Signing & Pavement Markings z 53WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: G KEY PERSONNEL 87 704 G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS (Cont.) 26� NAMES OF KEY PERSONNEL (From Section E, Block 12) 27� ROLE IN THIS CONTRACT (From Section E, Block 13) 28� EXAMPLE PROJECTS LISTED IN SECTION F (Fill in “Example Projects Key” section below before completing table. Place “X” under project key number for participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 11 12 13 Lazaro Ferrero, PE Stormwater Drainage z z Oscar Oliva, PE MOT / TTCP / SWPP z Jean Pierre Valle, PE Hydraulic Modeling z Andrew List, PE Roadway Design z Carlos Morales Harmonization z 29. EXAMPLE PROJECTS KEY NUMBER TITLE OF EXAMPLE PROJECT (FROM SECTION F)NUMBER TITLE OF EXAMPLE PROJECT (FROM SECTION F) 1 Palm Island and Hibiscus Island Neighborhood Improvements (Miami Beach, FL) 7 Gibsonton Septic to Sewer Conversion (Tampa, FL) 2 Sunset Harbour Neighborhood Improvements (Miami Beach, FL)8 Westcliff Flood Control (Fort Worth, TX) 3 Southeast Seminole Heights Flooding Relief (Tampa, FL)9 GT Lohmeyer WWTP Redundant Effluent 60-inch Force Main (Fort Lauderdale, FL) 4 Donut Hole Water Mains (Tampa, FL)10 North Bay Village Stormwater Pump Station Assessment and Design (North Bay Village, FL) 5 American Beach Water and Sewer Improvements (American Beach, FL)11 Flagler Street Downtown Beautification (Miami, FL) 6 SOIRL Septic to Sewer (Zone N, M and T) (Viera, FL)12 Convention Center Pump Station at The Intersection of Washington Avenue and Dade Boulevard (Miami Beach, FL) 13 41st St� Water Main Replacement (Miami Beach, FL) 54WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: G KEY PERSONNEL 88 705 The City of Boynton Beach is seeking a qualified engineering consulting firm to provide engineering design and environmental review services for the San Castle Neighborhood Project. The project involves upgrading drainage, utilities, and roadway improvements for the San Castle neighborhood, which is located in the area north of NE 26th Avenue, West of Grove Road/Orchid Road, South of Mentone Road, and East of N. Seacrest Boulevard. Wade Trim is pleased to partner with the City in transforming the San Castle Neighborhood into a resilient and thriving community. We understand the regular inconvenience to the neighborhood, particularly to vehicular and pedestrian mobility, from high tide or heavy rain events, and our team is prepared to address these challenges. Introduction to the Team At Wade Trim, we are committed to maximizing the value of your infrastructure investment. For nearly a century, we’ve been solving complex engineering challenges to create stronger communities. Our firm is a nationally recognized, multidisciplinary engineering consulting firm specializing in stormwater management, conveyance and pumping, and pipeline design. Our extensive expertise in stormwater design is supported by our presence in 23 offices across 9 states, including locations in Florida: Miami, Tampa, Orlando, and Palm Bay. Exhibit 1 presents key statistics about our firm, including our years of experience, ENR rankings, and other notable metrics. All of the firms on our team share a common service philosophy, striving to support the City of Boynton Beach in its resiliency goals. This philosophy enables seamless teamwork necessary for the protection of property and infrastructure throughout the San Castle neighborhood. Wade Trim has partnered with BCC Engineering (BCC) to bolster our capabilities in roadway design, stormwater drainage, and hydraulic modeling. BCC Engineering is a multidisciplinary engineering firm with a proven track record of delivering innovative, 1926 YEAR Established Tampa • Orlando • Palm Bay • Miami FLORiDA OFFiCES 101 Florida Staff 25+Municipal Clients Across Florida EXHIBIT 1 WADE TRIM BY THE NUMBERS EMPLOYEE-OWNED, CLiENT-CENTRiC CULTURE 23 RANK IN SEWER & WASTE ENR TOP 500 DESIGN FIRMS 12 RANK IN SANiTARY & STORM SEWER ENR TOP 500 DESIGN FIRMS H. ADDITIONAL INFORMATION 30� PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY� ATTACH ADDITIONAL SHEETS AS NEEDED� 55WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 89 706 resilient, and community-focused infrastructure solutions across Florida. With over 31 years of experience, BCC has relevant experience in roadway design, drainage system upgrades, and water and sewer utility improvements. Their team has successfully led neighborhood revitalization initiatives for municipal clients across South Florida. With extensive experience in flood protection, sea-level rise, and water quality issues, the Wade Trim/BCC Team is well-prepared to design resilient and environmentally responsible systems that meet the City’s challenges head-on. Assigning the right team members on the project is an important early step in any project. The Wade Trim/ BCC Team is positioned with local subconsultants to be a reliable and responsive consultant while delivering on the City of Boynton Beach’s project. Our approach is based on the belief that we will function as an extension of the City’s staff. We believe every high-performance team is rooted in working collaboratively, together and with the City, to create a network of like-minded professionals focused on delivering high quality design and engineering services. Wade Trim will serve as the prime lead on this project with BCC Engineering as a key teaming partner. We have also engaged nine subconsultants to create a diverse team that will ensure the City receives all the necessary services for a successful project delivery. Exhibit 2 on the next page outlines the individual strengths of our team members as well as our collective strengths as a group. History Working Together Wade Trim and BCC have recently partnered on the City of Hollywood contract to provide construction engineering and inspection services. Additionally, Victor Herrera with BCC used to be a Wade Trim employee and worked with our team on the City of Miami Beach Palm & Hibiscus Island Neighborhood Improvements and Sunset Harbor Neighborhood Improvements projects. Several of our key team members have previously worked at BCC, collaborating closely with BCC’s Victor Herrera and other BCC staff members on multiple projects. This personal work history brings an elevated level of respect and understanding on how to work together. Our shared history of collaboration will contribute to the success of this project. Firm Qualifications The Wade Trim/BCC Team possesses exceptional qualifications in stormwater pumping and conveyance, stormwater management, roadway design, water and wastewater pipeline design, climate resiliency, and more. The following is a summary of our Team’s qualifications in these areas. Stormwater Pumping and Conveyance Wastewater and stormwater conveyance has been a cornerstone of our practice for nearly a century. From our early days designing community wastewater and water infrastructure, we’ve evolved to handle lift/pump stations with capacities up to 1 billion gallons per day. As our projects have grown in size and complexity, so too has our technical expertise. We begin by thoroughly understanding your needs and drivers to ensure we deliver the most effective solution. The following are a few key projects we have worked on similar in scope: City of Miami Beach Stormwater Palm and Hibiscus Neighborhood Improvements Project. The stormwater drainage system in the Palm and Hibiscus project required designing and installing three new pump stations with outfalls to Biscayne Bay ranging from 40,000 to 60,000 GPM. City of Miami Beach Sunset Harbour Island Neighborhood Improvement Project. In the award- winning Sunset Harbour project, a new, pre-cast concrete pump station was designed to the new standards. 56WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 90 707 Wade Trim | Project Management, QA/QC, Technical Advisors, Design Manager, Harmonization, Hydraulic Modeling, Conveyance Pipe Design, Pump Station, Water Mains, Sanitary Force Mains, Gravity Sewer, Constructability, Permitting, Cost Estimating, Construction Engineering, Grant Administration »Nationally recognized, multidisciplinary engineering consulting firm specializing in stormwater management, conveyance and pumping, and pipeline design� Collective Firm Strengths Our team specializes in stormwater management and flood protection, using cutting-edge analytical tools and sustainable technologies� Our Team is well-equipped to design resilient stormwater systems that improve water quality and protect the Boynton Beach San Castle Neighborhood from flooding risks� Our Team’s expertise in underground utilities design, permitting, and construction engineering ensures that we provide reliable solutions tailored to meet the specific needs of South Florida’s unique environmental conditions� Our team has provided CDBG services to communities for several decades, focusing on the development of action plans, developing approaches to program management, and assisting recipients in creating and implementing compliance plans� WT The Merchant Strategy (TMS) | Public Outreach1 »Extensive experience, including Boynton Beach, in public engagement, government and community relations, crisis management, social media, and media relations, with a focus on minimizing disruptions during public infrastructure projects such as roadway expansions and utility upgrades in TMS BCC | QA/QC, Technical Advisors, Roadway Design, Stormwater Drainage, Hydraulic Modeling, Cost Estimating, Grant Administration »Over 30 years of experience in roadway design, drainage system upgrades, and water and sewer utility improvements� BCC McFarland Johnson | Environmental, Blue Green Stormwater Infrastructure »Highly skilled professionals with unique knowledge of NEPA, environmental reviews for Community Development Block Grant (CDBG), HUD type projects� South Florida Engineering Services | Construction Inspection2 »Over 20 years of experience in project engineering and construction management services� SFES ¹MBE/WBE/SBE Firms 2 In the process of obtaining SBE EXHIBIT 2 Collective Strengths and Roles for the Wade Trim Team TER Terracon | Geotechnical Engineering »Over 60 years of professional engineering expertise and a strong presence in the City of Boynton Beach with more than three decades of experience wihin the local geologic settings� CCI Corrosion Control Inc. | Corrosion Control »Extensive experience providing corrosion engineering services throughout the state of Florida for a variety of utilities, and analysis of soil corrosivity and corrosion control design for new water mains� INF Inframap | SUE Services »Successfully completed more than 26,000 projects and designated more than 32 million feet of utilities� AVI Avirom | Surveying Services1 »Working with the City of Boynton Beach since 1991, providing services such as boundary surveys, topographic/route of line surveys, platting services, and sketch and descriptions� EDA EDA | Electrical Engineering1 »Specializing in electrical and instrumentation design for water and wastewater facilities for over 27 years� MCF 57WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 91 708 This was the first project in the City to combat sea level rise by raising the neighborhood infrastructure. City of St. Petersburg Lift Station 87 Wet Weather Flow Transfer Project. We delivered the City’s first progressive award-winning design-build project to help the City resolve the challenge of balancing wet weather flows between the City’s southwest and northwest facilities during wet weather events. The project entailed designing and constructing a new 3.5 MGD lift station, three miles of 16” force main, and modifications to an existing lift station to connect the new force main. Utility Pipelines Wade Trim has one of the largest Florida-based pipeline design teams in the area and continuously delivers small and large diameter pipeline projects for municipal clients. From septic to sewer or neighborhood improvements, our team has a great grasp at understanding project corridors and performing multi-utility designs in shared spaces. Our staff also has extensive knowledge in AC pipe replacements via open-cut and pipe bursting. Our projects are proof of what our team can accomplish. Wade Trim has delivered numerous pipelines in recent times across Florida including: Miami-Dade Water and Sewer Dept. (WASD) (Donut Hole).: 21,385 LF of 8-inch, 11,486 LF of 12-inch, and 1,900 LF of 6-inch ductile iron water mains and fittings FGUA (American Beach): 18,480 LF of 2- to 6-inch water mains and fire flow, 16,312 LF of 8-inch gravity sewer, 2,186 LF of 4-inch force main, and two new wastewater pumping stations Tampa Bay Water (Southern Hillsborough County Expansion): 15 miles of 60-inch water transmission main Miami-Dade WASD (FM Rehabilitation): 3 miles of 72-inch force main Peace River Manasota Water Supply Authority (Phase 3C Regional Interconnect): 7 miles of 42-inch water transmission main Florida Keys Aqueduct Authority (Islamorada): Design and CEI services for 5.5 miles water transmission main of 36-inch, with another 1.5 miles currently under design and CEI services for another 7 miles City of Tampa (Harbour Island): 13,500 LF of 54-inch-diameter force main and 5,000 LF of 48-inch-diameter reclaimed water main for the Harbour Island project City of Ft. Lauderdale (GT Lohmeyer): 4,000 LF of 60-inch effluent force main from the WWTP to the disposal injection wells Miami WASD Donut Hole Water Mains. Wade Trim City of Miami Beach: Palm and Hibiscus Stormwater Neighborhood Improvements project City of Miami Beach: Palm and Hibiscus Stormwater Neighborhood Improvements project City of St. Petersburg: Lift Station 87 Wet Weather project 58WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 92 709 replaced the existing water mains and loop closures in an unserved area in the City of Miami Gardens to improve system pressure and fire flow protection. City of Tampa Harbour Island Force Main Replacement Project. Wade Trim completed a route evaluation, design, and construction of 13,500 LF of 54-inch-diameter force main and 5,000 LF of 48-inch-diameter reclaimed water main. This was one of the longest drive microtunnels in Florida under the Garrison Channel for the City of Tampa. Ft. Lauderdale GT Lohmeyer WWTP Redundant Effluent Force Main Project. We are currently the lead designer responsible for the design and construction of the force main, line stops, relocation of third-party utilities, hydraulic and transient modeling, modification to 5 disposal injection wells, modifications to the effluent pump station manifold, bypass pumping and flow metering, electrical and instrumentations modifications, and replacement/ design of stormwater facilities. Our team partners BCC also have extensive utility design and construction experience. They are currently delivering the very first Close Tolerance Pipe Slurrification (CTPS) project in the State of Florida for AC pipe elimination. City of Sunrise CTPS Project. BCC Engineering led the design and implementation of a trenchless pipeline replacement for the City of Sunrise, encompassing over 55,000 linear feet of water and force mains. This included the replacement of 38,500 linear feet of asbestos cement (A/C) pipe within a residential area. To minimize community disruption, BCC initially proposed pipe bursting as the trenchless method. However, Broward County’s Air Licensing & Permitting/Asbestos Program disallowed pipe bursting of A/C pipe based on updated USEPA guidance. In response, BCC identified and proposed an City of Tampa: Harbour Island Force Main Replacement project Miami Dade WASD: Donut Hole Water Mains City of Ft. Lauderdale: GT Lohmeyer WWTP Redundant Effluent Force Main project Close Tolerance Pipe Slurrification (CTPS) CLIENT: City of Sunrise PROJECT BACKGROUND: Improvements consist of replacing +50,000 linear feet of water and forcemains, including +38,000 linear feet of A/C pipe. Due to the project being located in a residential community, the City wished to utilize Trenchless Technology. A Basis of Design (BOD) was developed, and it was found that a trenchless approach was the most cost effective and would minimize the impact on the local residents. CHALLENGE: During preliminary meetings, the Broward County Air Licensing & Permitting/Asbestos Program advised that USEPA allows only certain acceptable methods when replacing A/C sewer mains such as removal of the section of pipe and properly hauling away of the asbestos pipe. As such, Broward County will not allow the use of pipebursting for replacement of asbestos cement pipe. This was a very recent development, as the City had recently permitted a different project utilizing pipe bursting for A/C pipe. APPROACH: BCC interviewed several Trenchless Technology contractors and discovered an Alternative Work Practice (AWP) approved by the EPA. The method consisted of Close Tolerance Pipe Slurrification (CTPS). BCC compared the CTPS AWP to open-trench replacement because it is the traditional procedure for A/C pipe replacement. The CTPS AWP only exposes A/C pipe sections that must be removed before replacement using the underground trenchless method. The bentonite clay provides a seal on the inner surface area of the annular space (tunnel) created by the CTPS equipment train and the surrounding soils, thereby trapping the slurry between the pipe perimeter and the soil, while preventing ground water intrusion into this closed space. The slurry is ‘squeegeed out’ of the close tolerance space between the cavity and the new pipe and is removed at the vertical access points. This sealed surface area prevents slurry from contaminating the surrounding soils, and the ACM (which is made nonfriable by the curing process of the cementitious slurry) is not free to migrate to the surface as a result of soil movement. BCC presented the approach to Broward County, City of Sunrise, and other stakeholders, who were all in agreement that this was the best path forward. EHH N89° 29' 01.59"EN00° 30' 58.41"WWWWWWWWWWW1W W W W WWW WW2W LEGEND EXISTING W WW 58" X 34" SINGLE WATER METERJOINED W/ 1" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME)58" X 34" DOUBLE WATER METERJOINED W/ 1.5" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME)1" SINGLE WATER METERJOINED W/ 1.5" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME)W 2 - 1" SINGLE WATER METERJOINED W/ 1.5" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME) 2 - 58" X 34" SINGLE WATER METERJOINED W/ 1.5" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME) W W1 W1 W1 2" SINGLE WATER METERJOINED W/ 2" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME)1.5" SINGLE WATER METERJOINED W/ 2" SERVICE LINE(METER BOX LOCATION TO REMAIN THE SAME) CABLE TV OVERHEADCABLE TV UNDERGROUNDELECTRIC OVERHEADELECTRIC UNDERGROUNDFORCE MAINGASIRRIGATIONSANITARY SEWERSTORM SEWERTELEPHONE UNDERGROUNDTRAFFIC LOOPWATER MAIN FIRE HYDRANT GATE VALVE NOTES: 1. NO VALVES IN CURB, OR SIDEWALK, OR DRIVEWAY. 2. ALL WATER MAIN INSTALLATION SHALL COMPLY WITH THE REQUIREMENTS OFCHAPTER 62-555 OF THE FAC, AS APPLICABLE. 3. RESTORE EXISTING VALVES AND MANHOLES AT PROPOSED CONNECTIONS TOCITY STANDARDS. 4. LOCATIONS OF EXISTING UNDERGROUND UTILITIES SHOWN HAVE BEENPREPARED FROM THE MOST RELIABLE INFORMATION AVAILABLE TO THEENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE OF VERIFYING LOCATIONSAND DEPTHS OF ALL PERTINENT UTILITIES PRIOR TO COMMENCEMENT OFCONSTRUCTION WORK. 5. SAMPLING POINTS MAY BE PLACED AT THE ENDS OF WATER SERVICE LINESBEFORE THE METERS AND BLOW OFFS FOR TERMINAL WATER MAINS, WHERESERVICES AND BLOW OFFS ARE REQUIRED BY THE PLANS. 6. BOLLARDS MUST BE INSTALLED FOR PROTECTION OF PROPOSED FIRE HYDRANTSLOCATED ON SWALES. REFER TO FIRE HYDRANT INSTALLATION DETAIL ON SHEETWM-84. 7. CONTRACTOR MUST PROTECT AND/OR RESTORE, IN KIND, IF ANY DAMAGEOCCURS TO ALL DRIVEWAYS, SIDEWALKS, SWALES AND IRRIGATION. 8. DEMOLITION OR REMOVAL OF PIPES CANNOT TAKE PLACE UNTIL ALL NEWINFRASTRUCTURE IS INSPECTED, CERTIFIED, ACCEPTED AND OPERATIONAL. 9. CONTRACTOR SHALL REMOVE SEGMENT OF EXIST WM TO BE ABANDONED INPLACE THAT IS IN CONFLICT WITH PROP UTILITIES AFTER PROP WM ISCONSTRUCTED, INSPECTED, TESTED, AND CERTIFIED. 10.CONTRACTOR SHALL INSTALL BLUE RPM PERPENDICULAR TO ALL FIREHYDRANTS. WATER METERS SHALL BE ACCESSIBLE AND UNOBSTRUCTED WITHIN UTILITY LEGEND PROPOSED WATER MAIN (DIP) SAMPLING POINT PLUG REDUCER WATER MAIN CTPS (HDPE) TAPPING SLEEVE GATE VALVE FIRE HYDRANT SOLID SLEEVE TEE 90° BEND 45° BEND WYE BEND CROSS 22.5° BEND ABANDONED AND GROUT FILLED PIPE BLUE RPM WATER SERVICE TEST HOLE 11.WATER METERS SHALL BE ACCESSIBLE AND UNOBSTRUCTED WITHIN UTILITYEASEMENT IN ALL DIRECTIONS. 12.CONTRACTOR SHALL MAINTAIN SITE MATERIAL TO REPAIR 4" PVC SANITARYSEWER SERVICE LINES DAMAGED DUE TO CONSTRUCTION ACTIVITIES WITHIN 24HOURS OF NOTIFIED INTERRUPTION. (TYP. FOR ALL WATER MAIN CTPS) 13.WATER METERS CANNOT BE LOCATED IN SIDEWALKS OR DRIVEWAYS. (TYP.) 14.CONTRACTOR SHALL MITIGATE FOR ANY TREES/SHRUBS THAT ARE REMOVED TOFACILITATE CONSTRUCTION 15.CONTRACTOR TO FIELD VERIFY LOCATION OF WM, SAN SEWER, AND SAN MHBEFORE INSTALLATION OF CTPS PIPE. ONCE PIT IS CONSTRUCTED, CONTRACTORTO COORDINATE WITH EOR BEFORE PROCEEDING WITH CPTS INSTALLATION. 16.CONTRACTOR TO REUSE EXISTING SADDLE, CORP. STOP, AND CURB STOPWHEREVER POSSIBLE OR REPLACE AS INDICATED BY CDD INSPECTOR. 17.CONTRACTOR TO VERIFY PROP. FIRE HYDRANT LOCATION WITH EOR ANDRESIDENT BEFORE PROCEEDING WITH INSTALLATION. GOLF VILLAGE INFRASTRUCTUREIMPROVEMENTS N PINE ISLAND ROAD TO N UNIVERSITYDRIVE FROM NW 20TH CT TO NW 29TH STSUNRISE, FLORIDA 33322 6401 SW 87th Ave, Ste. 200Miami, Florida 33173Tel: 305.670.2350 Fax: 305.670.2351www.bcceng.comCertificate of Authorization No. 7184 REVISIONSDATENO.DESCRIPTION KEY MAP1"=1000' BCTED REFERENCE No. 210325060 06/14/2023 STATE OF LICENSE PR OFESSIONALENG INEERFLORIDA No. 94566DANIELGIRALDO WATER MAIN PLAN WM-16MATCH LINE - SEE SHEET WM-17MATCH LINE - SEE SHEET WM-15MATCH LINE - SEE SHEET WM-11 MATCH LINE -SEE SHEETWM-12 GoLF VILLAGE -relevant experience 3 1 2 5 6 5 4 21 3 4 • The CTPS method removes the existing pipe by pulling a rotating cutting head through the existing pipe while simultaneously injecting a bentonite-based lubricating fluid 1 + 2 . • The cutting head grinds the existing pipe, surrounding soil, and bentonite-based lubricating fluid into a slurry 5 . • This slurry is squeegeed or forced out of the ground into a receiving pit by the new pipe that is pulled in behind the cutting head 3 + 4 . • The new pipe is installed through the subsequent tight-fitting void, and the slurry containing the existing pipe fragments, soil, and bentonite-fluid is removed from the ground by a vacuum excavator and hauled to a landfill 6 . How CTPS works: PROJECT HIGHLIGHT | BCC INNOVATION AT WORK City of Sunrise: CTPS Project 59WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 93 710 Alternative Work Practice (AWP) approved by the EPA: Close Tolerance Pipe Slurrification (CTPS). This method enables controlled removal of A/C pipe while minimizing the risk of asbestos exposure and environmental contamination. The CTPS process involves the creation of a sealed annular space using bentonite slurry to isolate asbestos-containing material (ACM), which is then safely removed at designated access and relief points. Stormwater Drainage Our teaming partner, BCC, also has a proven track record of delivering comprehensive stormwater management solutions for municipalities throughout South Florida. They understand the importance of planning, designing, constructing, and maintaining stormwater infrastructure that effectively addresses both current and future flooding challenges. Over the years, BCC has successfully developed all-encompassing Stormwater Master Plans (SWMPs) and executed resilient drainage improvement projects that mitigate climate-driven flooding issues. Their experience includes conducting complex drainage studies using hydrologic and hydraulic (H&H) models across Miami-Dade and Broward counties. For example, they have successfully completed the following projects: North Bay Village’s SWMP Project. BCC completed the first ever SWMP for the Village, in which they evaluated existing stormwater facilities and projected the impacts of sea level rise through 2060. The plan identified necessary improvements, prioritized them through a Capital Improvement Plan (CIP), and explored funding sources to reduce the financial burden on residents. City of Lauderhill Stormwater Management and Flood Protection Master Plan Project. BCC cataloged the City’s drainage system, modeled flooding scenarios, and established a long-term CIP to address flood protection deficiencies. Their approach emphasizes community involvement, policy development, sustainability, and innovative design solutions, ensuring that stormwater systems are cost-effective, adaptable, and tailored to meet the unique needs of each municipality. By integrating cutting-edge technology, such as 1D/2D modeling, and fostering public engagement, BCC continues to deliver stormwater solutions that enhance flood resilience and protect communities from future challenges. Roadway Design Our teaming partner, BCC, also has extensive experience in roadway design, having successfully completed numerous transportation projects throughout South Florida. With over $6 billion in transportation project delivery, BCC has contributed to improving regional infrastructure through the design and management of major roadway, bicycle, and pedestrian improvements. North Bay Village: Stormwater Master Plan project City of Lauderhill: Stormwater Management project 60WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 94 711 Their experience includes Local Agency Program (LAP) projects, such as: Miami-Dade County Department of Transportation and Public Works (DTPW) SW 137th Avenue. The project involved improvements to SW 268th Street, expanding it from a four-lane undivided section to a five-lane section with a two-way left turn lane from SW 142nd Avenue to SW 119th Avenue, and transitioning into a four-lane divided section with a median separator from SW 122nd Avenue to SW 112th Avenue. The scope included curb and gutter, sidewalks in developed areas, and bicycle lanes throughout the project limits. BCC Engineering was responsible for preparing design plans, drainage reports, lighting, signing and pavement markings, signals, and permitting. Miami-Dade County Department of Transportation (DTPW) SW 268/264 Street Connector Project. This project consists of new construction of a 3.2-mile segment of SW 137th Avenue which will be initially constructed as a four-lane divided facility between US 1 and SW 248th St and a two-lane undivided facility between SW 248th St and SW 200th St. This project includes roadway design, signalization (including the design of two new signalized intersections at SW 248th St. and SW 216th St.), drainage, traffic control, bridge design, signing and pavement markings, lighting, environmental, specifications and coordination with DERM and SFWMD. BCC’s expertise spans from the design of roadway elements to overall project management, ensuring seamless coordination with local agencies, adherence to permitting standards, and successful delivery on expedited schedules. BCC’s familiarity with the South Florida’s highway standards, coupled with a deep understanding of the nuances of South Florida’s transportation infrastructure, enables them to offer innovative and efficient solutions for complex roadway design projects. Through a hands-on project management approach and collaborative partnerships, BCC consistently delivers cost-effective, high-quality roadway design services that meet both client needs and community goals. Construction Engineering Wade Trim provides construction engineering and inspection services for all public utilities for the continuing engineering client communities we serve. Our construction engineers, and inspection and testing technicians perform the full range of construction oversight including project management and record keeping; inspection, quality assurance materials sampling and testing; and construction staking, from the preconstruction stages through project acceptance. Trained inspectors and field engineers document compliance with community standards during construction and deal with issues and changes that occur in the field. Miami-Dade County DTPW SW 268/264 Street Connector project Miami-Dade County DTPW SW 137th Avenue project 61WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 95 712 Grants/Funding Funding is critical to every project. As community leaders struggle to stretch their local revenues to maintain services for their constituents, outside funding sources at the federal and state levels are being targeted to supplement capital budgets. Wade Trim helps municipalities and regional agencies secure project funding, such as grants and loans, to implement infrastructure projects. Our project managers and client representatives stay updated on funding opportunities, proposed and active legislation impacting federal and state funding, and application and milestone deadlines. Our staff members are also trained to identify conventional and unconventional funding sources and provide grant writing or persuasive communication support needed to develop successful applications. Exhibit 3 summarizes our funding/grant capabilities. Community Development Block Grant Wade Trim has provided CDBG services to communities for several decades, focusing on the development of action plans, developing approaches to program management, and assisting recipients create and implement compliance plans. Our assistance includes administering CDBG and CDBG-DR funded projects. Our FundingScout Team has also secured millions of funding dollars from regional, state, and federal agencies, which can provide added value to the City of Boynton Beach. Our firm’s experience includes providing general CDBG compliance consulting for numerous communities throughout Florida and the United States. Knowledge of HUD Requirements Because this is a CDBG-funded project, the City must maintain compliance with HUD requirements and complete regular reporting to the Florida Department of Commerce. Wade Trim has extensive experience working on HUD-funded infrastructure projects and assists dozens of communities in developing and implementing their CDBG programs. Our team can help the City address HUD requirements and serve as a 62WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I Wade Trim has provided CDBG services to the following communities: City of Clearwater, FL City of Gainesville, FL City of Largo, FL Village of Wellington, FL Hillsborough County, FL Manatee County, FL Pinellas County, FL Sarasota County, FL City of Denison, TX Lee County, FL City of Dearborn Heights, MI City of Dearborn, MI City of Flint, MI City of Kalamazoo, MI City of Lansing, MI Macomb County, MI Wayne County, MI City of Lorain, OH City of Sandusky, OH Michigan City, IN City of Douglas, AZ City of Sierra Vista, AZ PURSUIT » Grant writing » Marketing » Advocating (earmarks) » Communicating needs and priorities IDENTIFICATION » Legislation and budgets » Rule making » Legal settlements » Knowing where to look STRATEGY » Scoping and design » Leveraging funding » Value-added funding » Fundability PERFORMANCE » Grant administration » Compliance » Reporting » Stewarding EXHIBIT 3. Wade Trim Funding Scout Services Wade Trim has acquired more than $95 million in grants for funding in florida and more than $625 million in state revolving loan funding in the last 10 years. 96 713 technical resource throughout the contract. If requested, our team could provide full administration of the grant on behalf of the City. Housing and Community Development Act Wade Trim has experience working with communities to administer and assess compliance obligations under the Housing and community Development Act, specifically focused on CDBG programs. This includes working with clients to develop compliance plans and assigning roles and responsibilities to complete reporting, maintain documentation, and communication with grantor agency staff. Our team can work in tandem with City staff, supplement City staff, or act as designate for City staff to provide grant administration and reporting activities if needed. Adequacy of Personnel Wade Trim understands the importance of maintaining a consistent engineering team throughout the contract to ensure uninterrupted service. We are dedicated to providing the City with a stable, skilled, and diverse team equipped to handle any technical challenges. Our staff brings a wealth of experience in neighborhood improvements, having led and supported transformative projects that enhance infrastructure, resilience, and quality of life for communities. A staff spotlight featuring our Project Manager, Shari Ramirez, and Design Manager, David Mullen, is included on Pages 51 and 53, respectively. The organizational chart on Page 3 (in the SF 330) outlines our key staff and engineering team members, all of whom have a proven track record of successful collaboration on similar projects. Each team member is committed to their role, delivering seamless services to the City. Availability of Specialty Resources Our local team also benefits from access to Wade Trim’s national network of over 700 employees, allowing us to draw on specialized support as needed. Our teaming partner, BCC, will enhance our capabilities with a robust nationwide team of 388 staff members. Our organizational chart is structured to encompass all disciplines outlined in the scope of work. The following key personnel have been designated as Task Leads for this project: Andrew List, PE - Roadway Design Task Lead David Mullen, PE - Stormwater Pumping and Conveyance Task Lead Salome Montoya, PE - Utilities Pipeline Task Lead Jim Gunther, PE - Construction Engineering Task Lead Brief biographies of the task leads and key supporting personnel start on Page 54. Full resumes are provided in the SF 330 starting on Page 4. Experience The Wade Trim/BCC team brings specialized experience in roadway harmonization, stormwater conveyance and pumping systems and water/wastewater pipeline design to address current and future challenges related to flood protection, sea-level rise, and water quality. Table 1 on the next page summarizes our team’s experience in these areas. Past Record / Past Performance Wade Trim values client input and strives to meet project schedules and provide productive solutions to schedule challenges. Based on surveys conducted over the past 3 years, over 90% of respondents said Wade Trim: Listens and understands our needs Is reliable, trustworthy, and enjoy- able to work with Acts as a good steward of the project budget Is resourceful and seeks creative solutions Offers innovative ideas, methods and/or approaches Meets deadlines CLiENT SATiSFACTiON WiTH WADE TRIM PERFORMANCE 63WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 97 714 City of Miami Beach: 41st Street Water Main Replacement - Fast Paced and Within Budget Project Case Study The City of Miami Beach partnered with FDOT to replace and decommission the aerial water main on the 41st Street Bridge� The project was expedited to meet a September 2024 deadline before bridge rehabilitation� Design and construction were managed simultaneously to meet the accelerated schedule� The project was completed successfully, on time, and within budget� CLIENT AND PROJECT NAME Elevating Roads/HarmonizationUrban StormwaterStormwater Pump StationsWater Mains / Sanitary Sewer DesignStormwater Hydraulic ModelingRoadway Design1� City of Miami Beach: Palm and Hibiscus Neighborhood and Pump Station Improvement z z z z z 2� City of Miami Beach: Sunset Harbour Neighborhood and Pump Station Improvement z z z 3� City of Tampa: Seminole Heights Flooding Relief z z z z 4� Miami-Dade Water & Sewer Department: Donut Hole Water Mains z 5� FGUA: American Beach Water and Sewer Improvements z 6� Brevard County: SOIRL Septic to Sewer (Zone N, M and T)z z z 7� Hillsborough County: Gibsonton Septic to Sewer Conversion z z z 8� City of Ft� Worth: Westcliff Flood Control z 9� Miami: Flager Street Beautification z z 10� North Bay Village: Contract for General Professional Engineering and Architectural Services z z 11� City of Miami Beach: Convention Center Pump Stationz z z 12� City of Miami Beach: Lummus Neighborhood Improvements z 13� FDOT: SR-826/SR-836 Interchangez z z z 14� Miami Beach: I-395 Baywalk Pedestrian and Bikeway Bridgez z TABLE 1 Project Experience BCC Projects Just meeting schedules is not enough for us. We expect our clients to be satisfied not only with the completion date, but also with the process we use to get there. Our client satisfaction survey efforts reach across our corporate client profile. Our clients have scored us 4.85 out of 5 points with respect to meeting project schedules and providing productive solutions to schedule challenges. This results in a 97% client satisfaction score—a testament to Wade Trim’s commitment to our clients. 64WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 98 715 PROJECT MANAGER Shari Ramirez, PE, ENV SP I’m excited to deliver this challenging project with the City of Boynton Beach and commit to providing results that exceed your expectations. SHARi’S QUALiFiCATiONS iNCLUDE THE FOLLOW iNG: Years of Project Management Experience Miles of Pipe Designed Inch of Largest Diameter of Pipe Designed Inch of Largest HDD Designed 20 100 54”42” Shari is a Senior Engineer and Project Manager:with 20 years of experience in design, permitting, bidding, grants management and administration, and construction administration of water, wastewater, and stormwater projects. She has been an engineer of record for multiple pipeline projects installed via traditional open- cut, pipe bursting, and horizontal directional drills. She is a certified Envision Sustainability Professional and Temporary Traffic Control Professional. |PRIMARY OFFICE LOCATION: Miami, FL |EDUCATION: BS, Civil Engineering, Florida International University |LICENSES/CERTIFICATIONS: Professional Engineer, FL #73078, Envision Sustainability Professional Temporary Traffic Control Professional |RESPONSIBILITIES : Project management |PROFESSIONAL AFFILIATIONS: Past President of Florida Engineering Society, Miami Chapter 65WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 99 716 CITY OF MIAMI BEACH: 41st St. 20-inch Water Main Replacement The following is a listing of a few select relevant projects managed by Shari recently: CITY OF FORT LAUDERDALE: Gt Lohmeyer WWTP 60-inch Redundant Effluent Force Main CITY OF HOLLYWOOD: Grants Management Program MIAMI-DADE WASD: NW 32nd Ave 36-inch Redundant Force Main CiTY OF MiAMi BEACH MiAMi-DADE COUNTY CiTY OF FT. LAUDERDALE CiTY OF HOLLYWOOD FLORIDA KEYS AQUEDUCT AUTHORITY: 36-inch Islamorada Transmission Main MONROE COUNTY: Lake Surprise Estates Neighborhood Roadway and Drainage Improvements 66WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I FKAA MONROE COUNTY 100 717 DESIGN MANAGER David Mullen, PE, ENV SP A quality neighborhood improvement project comes from understanding the potential challenges during construction and resolving them during design DAV iD’S QUALiFiCATiONS iNCLUDE THE FOLLOWiNG: Years of Project Management Experience Miles of Pipe Designed Inch of Largest Diameter of Pipe Designed Inch of Largest HDD Designed 10+25+60”36” David brings 13 years of experience in design, permitting, and construction engineering for pipeline and stormwater projects. He acts as an effective liaison between the owner, engineer, and contractor, making sure communication is strong and issues are addressed. David is also adept at working with regulatory agencies and reviewing designs and constructions for permit requirements. His south Florida clients include Miami Beach, Islamorada, Ft. Lauderdale, and Miami-Dade County. |PRIMARY OFFICE LOCATION: Miami, FL |EDUCATION: MS, Environmental Engineering, University of Central Florida; BS, Civil Engineering, University of Central Florida; BS, Environmental Engineering, University of Central Florida |LICENSES/CERTIFICATIONS: Professional Engineer, FL #84384 |RESPONSIBILITIES : Design manager, Stormwater Pumping and Conveyance Task Lead, Harmonization |PROFESSIONAL AFFILIATIONS: AWWA 67WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 101 718 Tom Brzezinski, PE | PRINCIPAL-IN-CHARGE EDUCATION: BS, Civil Engineering, Michigan State University PROJECT EXPERIENCE: Tom has 36 years of experience managing, designing, and constructing various sized municipal engineering projects. With a strong background in water/wastewater/ stormwater utility projects, he is well versed in a magnitude of project types and understands what it takes to deliver projects successfully. His experience includes serving as Principal-in-Charge (PIC) delivering open work order type contracts. As the PIC for this project, Tom will work with the project manager to make sure staff resources are available, and assist in monitoring overall schedule and budget. Tom will also bring to the City a diverse background in distribution, collection, and treatment capabilities and familiarity with projects delivered in South Florida. Salome Montoya, PE | UTILITIES PIPELINE LEAD EDUCATION: MS, Civil Engineering; BS, Civil Engineering, Florida International University PROJECT EXPERIENCE: Salome is a Civil Engineer with over 10 years of experience in design, and construction on multiple civil infrastructure projects. Her design experience includes pump station projects, installation of multiple large and small diameter water mains, and force mains design projects, including various pipeline installations through trenchless technologies such as micro tunneling, directional drilling, Jack and Bore, and slip lining. Salome has extensive experience with design of water mains, sanitary sewer force mains, and gravity sewer, specifically with local municipalities such as Miami-Dade County Water and Sewer Department (WASD); Islamorada, Village of Islands; and with the Florida Keys Aqueduct Authority. This experience will benefit the City by successfully completing utility replacements. Freddy Betancourt, PE | QA/QC / TECHNICAL ADVISOR EDUCATION: MS, Engineering, University of New Orleans; BSE, Civil Engineering; BSE, Universidad Rafael Urdaneta PROJECT EXPERIENCE: Freddy serves as our Water Resources Group National Pipeline Technical Lead where he focuses on growing our conveyance practice across the country while serving water and wastewater clients in Florida. He brings 25 years of experience in water transmission and distribution and wastewater collection with expertise in rehabilitation, design, trenchless technologies, and construction management. Working with Florida municipalities and utilities, Freddy has designed both small and large, complex pipeline projects for Tampa Bay Water; Cities of Tampa and St. Petersburg; Orlando Utilities Commission; Pinellas, Hillsborough, Sarasota, and Orange Counties; and the Florida Department of Transportation. Optimizing pipeline alignments, streamlining permitting processes, and minimizing construction impacts and surface restoration costs are integral to his project approach. Freddy’s experience with complex pipeline projects across the nation will be a great asset to the City’s vision with this project. 68WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 102 719 Victor Herrera, PE | QA/QC / TECHNICAL ADVISOR EDUCATION: BS in Civil Engineering, Florida State University PROJECT EXPERIENCE: Mr. Herrera is a senior vice president with over 21 years of combined experience in construction management and civil engineering design. As the Infrastructure Operations Manager, he oversees the firm’s staff and ensures the successful execution of projects by managing profitability, quality control, contract terms, and adherence to company policies. Victor’s expertise spans coastal design, land development, utility design, and program management, making him qualified to support the City of Miami Beach’s climate change adaptation efforts. Victor has extensive experience working with both public and private sectors, including complex urban infrastructure projects similar to those planned for Boynton Beach. His proven ability to deliver high-quality solutions within time and budget constraints makes him a valuable asset in addressing the City’s unique challenges of low-lying topography, tidal influence, and aging infrastructure. As the City of Boynton Beach invests in critical neighborhood improvement projects—ranging from road and seawall elevations to robust drainage systems and infrastructure modernization— Victor’s experience in managing large-scale projects ensures that these initiatives will be executed with precision and efficiency. His leadership in similar coastal communities, combined with his knowledge of resilient design and construction practices, positions him to contribute meaningfully to the City’s vision for sustainable and climate-adaptive infrastructure. Andrew List, PE | ROADWAY DESIGN LEAD EDUCATION: BS in Civil Engineering, Florida International University PROJECT EXPERIENCE: Mr. List is a Transportation Engineer with over 9 years of experience, bringing extensive expertise to projects that address the unique challenges faced by coastal, urban communities like the City of Boynton Beach. His work spans from local road resurfacing, restoration, and rehabilitation (RRR) projects to Limited Access facilities, with a proven track record of successful collaboration with agencies such as FDOT, Florida’s Turnpike Enterprise, and various local municipalities. Given the City of Boynton Beach’s commitment to climate change adaptation and infrastructure modernization, Mr. List’s expertise in roadway geometric design, signing and pavement marking, and temporary traffic control (TTC) is instrumental in addressing the City’s needs for elevated roads, robust drainage systems, and overall infrastructure improvements. His technical proficiency with industry-standard programs such as MicroStation, AutoCAD, and Microsoft Office ensures accurate and efficient project execution, contributing to Boynton Beach’s efforts to modernize aging infrastructure while maintaining high levels of service and safety. Mr. List’s involvement in diverse transportation engineering projects positions him to support the City of Boynton Beach in its initiatives to adapt to climate change and enhance its critical infrastructure, delivering resilient solutions for the future. Sam Graybill, PE | CONVEYANCE PIPE DESIGN EDUCATION: MS, Wastewater and Stormwater Engineering, University of Florida; BS, Civil Engineering, Florida Atlantic University PROJECT EXPERIENCE: Sam has over 14 years of experience as a project engineer and project manager. She has completed the design and construction of improvements for water distribution mains, sanitary collection mains, supply wells, and facility assessments which require significant coordination with regulatory agencies and a thorough knowledge of permitting procedures. She is well versed in the process for obtaining permits for construction as well as working with clients to maintain permits for overall facility compliance. She is skilled in route studies, rehabilitation and replacement design. 69WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 103 720 Lazaro Ferrero, PE | STORMWATER DRAINAGE EDUCATION: BS, Civil Engineering PROJECT EXPERIENCE: Mr. Ferrero has 40 years of professional engineering design experience spanning a diverse range of project types, including pumping stations, drainage systems, hydraulic design, sanitary sewer collection systems, water distribution systems, and computer programming for engineering applications. He has relevant expertise in the design, permitting, and construction phases of major water and sewer systems and multiple municipalities. His experience includes water main distribution, gravity sewer systems, pump stations, force mains, and varied exfiltration trench designs to address stormwater infiltration and localized flooding. Projects of note include the Nautilus Neighborhood Drainage Master Plan,Washington Avenue Improvements, SR-826/ SR-836 Interchange, and numerous corridor and neighborhood water/sewer improvements. Mr. Ferrero’s comprehensive knowledge of engineering design, hydraulic modeling, and infrastructure systems positions him as a key contributor to complex municipal and regional utility projects. AJ Gutz, PE | STORMWATER HYDRAULIC MODELING EDUCATION: ME, Civil Engineering, University of Florida; BS, Civil Engineering, Michigan State University PROJECT EXPERIENCE: AJ has more than 20 years of experience in stormwater management system design, stream restoration, green infrastructure, surface water modeling, stormwater quality management, and coastal engineering. Project experience has covered multiple states and has included communities that have been participants in grant funding programs. Experience includes stormwater management, stream restoration, bank stabilization, flood control, and green infrastructure projects. Jim Gunther, PE | CONSTRUCTION ENGINEERING LEAD EDUCATION: BS, Civil Engineering, University of South Florida PROJECT EXPERIENCE: Jim has over 36 years of experience in wastewater and water engineering as a design engineer and resident construction engineer. He has considerable experience in the various trenchless methods of pipeline construction, including micro tunneling, HDD, jacking and boring, and hand-mining using tunnel liner plates. He is primarily responsible for field construction services, water and wastewater pipeline design, pumping station, and water and wastewater treatment plant design. As a Design Engineer and Resident Construction Engineer, Jim’s assignments include construction management, project management, permit acquisition, and design and inspection of potable and reclaimed water mains, sanitary sewers, low-pressure sewers, sanitary force mains, water and wastewater pumping and storage facilities. Kyle Scott, PE | MODELING / ASSESSMENTS EDUCATION: BS, Environmental Engineering, University of Central Florida PROJECT EXPERIENCE: Kyle serves as a Senior Project Manager and Client Manager. He brings more than 11 years of experience in water and wastewater design and construction management with a focus on hydraulic modeling and master planning for collection and distribution systems. Kyle has extensive experience working with the City of Boynton Beach. 70WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART I: H & I 104 721 Architect-Engineer Qualifications Part II - General Qualifications (If a firm has branch offices, complete for each specific branch office seeking work.) 1� SOLICITATION NUMBER (IF ANY) RFQ No� PWE25-009 3� YEAR ESTABLISHED 1966 4� UNIQUE ENTITY IDENTIFIER J3GMT46UBPU5 2A� FIRM (OR BRANCH OFFICE) NAME Wade Trim, Inc. (FL) - Tampa 5� OWNERSHIP 2B� STREET 201 N� Franklin Street, Suite 1350 5A� TYPE Corporation 2C� CITY Tampa 2D� STATE FL 2E� ZIP CODE 33602 5B� SMALL BUSINESS STATUS N/A 6A� POINT OF CONTACT NAME AND TITLE Thomas Brzezinski, PE 6B� TELEPHONE NUMBER 813�882�4 373 6C� EMAIL ADDRESS tbrzezinski@wadetrim�com 7� NAME OF FIRM (IF BLOCK 2A IS A BRANCH OFFICE) Wade Trim Group, Inc� 8A� FORMER FIRM NAME(S) (IF ANY) Edwin Orr Engineering 8B� YEAR ESTABLISHED 1926 8C� UNIQUE ENTITY IDENTIFIER J3GMT46UBPU5 9� EMPLOYEES BY DISCIPLINE 10� PROFILE OF FIRM’S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS A� FUNCTION CODE B� DISCIPLINE C� NUMBER OF EMPLOYEES A� PROFILE CODE B� EXPERIENCE C� REVENUE INDEX NUMBER (SEE BELOW)(1) FIRM (2) BRANCH 02 Administrative 76 11 C15 Construction Management 6 BIM Designer 3 L02 Land Surveying 6 Building Official/Inspector 2 P05 Planning (Community,Regional)6 08 CADD Technician 1 S04 Sewage Collection, Treatment, Disposal 9 Designer 73 3 S13 Storm Water Handling & Facilities 7 12 Civil Engineer 146 14 Information Technology 16 4 T03 Traffic & Transportation Engineering 8 15 Construction Inspector 61 1 W02 Water Resources 9 16 Construction Manager 3 2 W03 Water Supply, Treatment and Distribution 7 21 Electrical Engineer 18 2 Environmental Engineer 40 5 10 Chemical Engineer 3 1 GIS Specialist 5 32/34 Hydraulic Engineer 20 35 Industrial Engineer 1 38 Land Surveyor 26 39 Landscape Architect 9 2 41 Mechanical Engineer 14 3 47 Planner: Urban/Regional/GIS 13 5 48 Project Manager 11 2 51 Safety/Occupational Health Engineer 1 52 Sanitary Engineer 1 1 153 Scheduler 2 56 Specifications Writer 1 57 Structural Engineer 11 2 58 Technician/Analyst 69 60 Transportation Engineer 16 62 Water Resources Engineer 58 12 Total 702 70 11� ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right)PROFESSIONAL SERVICES REVENUE INDEX NUMBER A� FEDERAL WORK 1 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 B� NON-FEDERAL WORK 10 C� TOTAL WORK 10 12� AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. A� SIGNATURE B� DATE May 20, 2025 C� NAME AND TITLE Thomas Brzezinski, PE, Executive Vice President 71WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 105 722 Architect-Engineer Qualifications Part II - General Qualifications (If a firm has branch offices, complete for each specific branch office seeking work.) 1� SOLICITATION NUMBER (IF ANY) RFQ No� PWE25-009 3� YEAR ESTABLISHED 1966 4� UNIQUE ENTITY IDENTIFIER J3GMT46UBPU5 2A� FIRM (OR BRANCH OFFICE) NAME Wade Trim, Inc. (FL) - Miami 5� OWNERSHIP 2B� STREET 9100 S� Dadeland Boulevard, Suite 1500 5A� TYPE Corporation 2C� CITY Miami 2D� STATE FL 2E� ZIP CODE 33156 5B� SMALL BUSINESS STATUS N/A 6A� POINT OF CONTACT NAME AND TITLE Thomas Brzezinski, PE 6B� TELEPHONE NUMBER 813�882�4373 6C� EMAIL ADDRESS tbrzezinski@wadetrim�com 7� NAME OF FIRM (IF BLOCK 2A IS A BRANCH OFFICE) Wade Trim Group, Inc� 8A� FORMER FIRM NAME(S) (IF ANY) Edwin Orr Engineering 8B� YEAR ESTABLISHED 1926 8C� UNIQUE ENTITY IDENTIFIER J3GMT46UBPU5 9� EMPLOYEES BY DISCIPLINE 10� PROFILE OF FIRM’S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS A� FUNCTION CODE B� DISCIPLINE C� NUMBER OF EMPLOYEES A� PROFILE CODE B� EXPERIENCE C� REVENUE INDEX NUMBER (SEE BELOW)(1) FIRM (2) BRANCH 02 Administrative 76 C15 Construction Management 6 BIM Designer 3 L02 Land Surveying 6 Building Official/Inspector 2 P05 Planning (Community,Regional)6 08 CADD Technician 1 S04 Sewage Collection, Treatment, Disposal 9 Designer 73 S13 Storm Water Handling & Facilities 7 12 Civil Engineer 146 2 Information Technology 16 T03 Traffic & Transportation Engineering 8 15 Construction Inspector 61 W02 Water Resources 9 16 Construction Manager 3 W03 Water Supply, Treatment and Distribution 7 21 Electrical Engineer 18 Environmental Engineer 40 1 10 Chemical Engineer 3 GIS Specialist 5 32/34 Hydraulic Engineer 20 35 Industrial Engineer 1 38 Land Surveyor 26 39 Landscape Architect 9 41 Mechanical Engineer 14 47 Planner: Urban/Regional/GIS 13 48 Project Manager 11 51 Safety/Occupational Health Engineer 1 52 Sanitary Engineer 1 153 Scheduler 2 56 Specifications Writer 1 57 Structural Engineer 11 58 Technician/Analyst 69 60 Transportation Engineer 16 62 Water Resources Engineer 58 2 Total 702 5 11� ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right)PROFESSIONAL SERVICES REVENUE INDEX NUMBER A� FEDERAL WORK 1 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 B� NON-FEDERAL WORK 10 C� TOTAL WORK 10 12� AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. A� SIGNATURE B� DATE May 20, 2025 C� NAME AND TITLE Thomas Brzezinski, PE, Executive Vice President Put the Opportunity Number here72WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 106 723 ARCHITECT-ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER (If any) PART II - GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (OR BRANCH OFFICE) NAME 3. YEAR ESTABLISHED 4. DUNS NUMBER Avirom & Associates, Inc. (Boca) July 1, 1981 054152400 2b. STREET 50 S.W. 2nd Avenue, Suite 102 2c. CITY 2d. STATE 2e. ZIP Boca Raton FL 33432 6a. POINT OF CONTACT NAME AND TITLE Michael D. Avirom, President 6b. TELEPHONE NUMBER 6c. E-MAIL ADDRESS (561) 392-2594 mike@aviromsurvey.com 5. OWNERSHIP a. TYPE Corporation b. SMALL BUSINESS STATUS NAICS 541370 7. NAME OF FIRM (If block 2a is a branch office) 8a. FORMER FIRM NAME(S) 8b. YR. ESTABLISHED 8c. DUNS NUMBER 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Function Code b. Discipline c. No. of Employees (1) FIRM (2) BRANCH a. Profile Code b. Experience c. Revenue Index number (see below) 02 Administrative 3 0 08 CAD Technician 7 2 38 Professional Land Surveyor 7 0 Field Technician 16 4 Project Manager 1 1 Total 32 6 A06 Airports; terminals; hangars 1 C10 Comm buildings; shopping ctrs 3 C12 Communication systems; tv 1 C16 Construction surveying 5 E02 Educational facs; classroom 3 E09 Environmental impact studies 2 H01 Harbors; ship terminal facilities 2 H07 Highways; streets; parking lots 2 H09 Hospitals and medical facilities 2 H11 Housing; res; multi-family 2 L02 Land Surveying 8 O01 Office buildings; ind parks 3 P04 Pipelines 2 P12 Power generation; trans; dist 5 R11 Rivers; canals; waterways 3 S10 Surveying; platting; mapping 5 R04 Rec facilities; parks; marinas 1 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) a. Federal Work 1 b. Non-Federal Work 7 c. Total 7 PROFESSIONAL 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 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE b. DATE May 19, 2025 c. NAME AND TITLE Michael D. Avirom, President 73WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 107 724 ARCHITECT-ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER (IF ANY) PART II - GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (or Branch Office) NAME BCC Engineering, LLC 2b. STREET 6401 SW 87th Avenue, Suite 200 2c. CITY Miami 2d.STATE FL 2e. ZIP CODE 33173 3. YEAR ESTABLISHED 1994 4. DUNS NUMBER 02-173-5068 5. OWNERSHIP a. TYPE LLC b. SMALL BUSINESS STATUS N/A 7. NAME OF FIRM (IF BLOCK 2A IS A BRANCH OFFICE) N/A 6a. POINT OF CONTACT NAME AND TITLE Victor H. Herrera, PE - Senior Vice President 6b. TELEPHONE NUMBER 305.670.2350 6c. E-MAIL ADDRESS VHerrera@bcceng.com 8a. FORMER FIRM NAME(S) (If Any)8b. YEAR ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER BCC Engineering, Inc.1994 65-0540100 10. PROFILE OF FIRM’S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR THE LAST 5 YEARS a. Profile Code b. Experience c. Revenue Index Number (see below) B02 Bridges 8 C15 Construction Management 8 E02 Educational Facilities; Classrooms 2 H 11 Housing (Residential, Multi-Family)3 P05 Planning 5 R06 Rehabilitation (Building, Structures)3 S09 Structural Design; Special Structures 5 T03 Traffic and Transportation Engineering 8 9. EMPLOYEES BY DISCIPLINE a. Function Code b. Discipline c. Number of Employees (1) FIRM (2) BRANCH 12 Civil Engineers 6 5 57 Structural Engineers 58 19 60 Transportation Engineers 102 21 62 Water Resources Engineers 0 0 53 Schedulers 0 0 48 Project Managers 37 17 08 CADD Technician 23 7 02 Administrative 74 47 58 Technician/Analyst 82 4 Total 382 120 Victor H. Herrera, PE - Senior Vice President 5 / 22 / 2025 PWE25-009 11. ANNUAL AVERAGE PROFESSIONAL SERVICE REVENUES OF FIRM FOR LAST 3 YEARS (INSERT REVENUE INDEX NUMBER SHOWN ON RIGHT) A. FEDERAL WORK 1 B. NON-FEDERAL WORK 10 C. TOTAL WORK 10 PROFESSIONAL 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 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE b. DATE c. NAME AND TITLE 74WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 108 725 ARCHITECT-ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER PART II - GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (OR BRANCH OFFICE) NAME Corrosion Control Incorporated 3. YEAR ESTABLISHED 1999 4. UNIQUE ENTITY IDENTIFIER MALTVZ9NUW96 2b. STREET 494 Fairplay Street 5. OWNERSHIP a. TYPE Corporation 2c. CITY Rutledge 2d. STATE GA 2e. ZIP CODE 30663 b. SMALL BUSINESS STATUS 6a. POINT OF CONTACT NAME AND TITLE Craig K Meier, President 7. NAME OF FIRM (If block 2a is a branch office) 6b. TELEPHONE NUMBER 706-557-9624 6c. E-MAIL ADDRESS office@corrosioncontrolinc.com 8a. FORMER FIRM NAME(S) (If any) 8b. YR. ESTABLISHED 8c. DUNS NUMBER 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Function Code b. Discipline c. No. of Employees a. Profile Code b. Experience c. Revenue Index Number (see below) (1) FIRM (2) BRANCH 10 Chemical Engineer 1 C17 Corrosion Control/Cathodic Protection 6 17 Petroleum Engineer 1 T02 Testing & Inspection 4 58 Corrosion Technician 5 02 Administrative 4 42 Mechanical Engineer 1 Other Employees Total 12 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) PROFESSIONAL SERVICES REVENUE INDEX NUMBER 1. Less than $100,000 6. $2 million to less than $5 million 2. $100,00 to less than $250,000 7. $5 million to less than $10 million 3. $250,000 to less than $500,000 8. $10 million to less than $25 million 4. $500,000 to less than $1 million 9. $25 million to less than $50 million 5. $1 million to less than $2 million 10. $50 million or greater a. Federal Work 5 b. Non-Federal Work 1 c. Total Work 6 a. SIGNATURE 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. b. DATE c. NAME AND TITLE Craig K. Meier, Vice President AUTHORIZED FOR LOCAL REPRODUCTION 75WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 109 726 STANDARD FORM 330 (REV. 3/2013) PAGE 2 ARCHITECT-ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER (If any) RFQ No. PWE25-009 PART II - GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (OR BRANCH OFFICE) NAME 3. YEAR ESTABLISHED 4. DUNS NUMBER Electrical Design Associates, Inc. 1998 80-657-0979 2b. STREET 7284 West Palmetto Park Rd, Suite 302-S 2c. CITY 2d. STATE 2e. ZIP Boca Raton FL 33433 6a. POINT OF CONTACT NAME AND TITLE Dameion Donaldson, P.E. / President 6b. TELEPHONE NUMBER 6c. E-MAIL ADDRESS 561-819-5556 ddonaldson@goeda.com 5. OWNERSHIP a. TYPE S-Corporation b. SMALL BUSINESS STATUS MBE 7. NAME OF FIRM (If block 2a is a branch office) Electrical Design Associates, Inc. 8a. FORMER FIRM NAME(S) 8b. YR. ESTABLISHED 8c. DUNS NUMBER 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Function Code b. Discipline c. No. of Employees (1) FIRM (2) BRANCH a. Profile Code b. Experience c. Revenue Index number (see below) 08 CADD Technician 3 2 21 Electrical Engineer 3 1 16 Field Supervisor 2 1 58 Technician/Analyst 6 2 02 Administrative 1 1 Total 15 7 C11 Community Facilities 1 H07 Highways; Streets; Airfield Paving; etc. 2 W03 Water Supply, Trmt & Distribution 3 L06 Lighting (Exteriors; Streets; Memorials) 2 P12 Power Generation, Transmission, Dist. 3 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) a. Federal Work 0 b. Non-Federal Work 5 c. Total 5 PROFESSIONAL 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 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE b. DATE May 16, 2025 c. NAME AND TITLE Dameion Donaldson, P.E., President 76WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 110 727 77WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 111 728 STANDARD FORM 330 (7/2021) PAGE 1 ARCHITECT – ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER (If any) PART II – GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (or Branch Office) NAME McFarland-Johnson, Inc. 3.YEAR ESTABLISHED 2016 4. UNIQUE ENTITY IDENTIFIER E6DJSVLXB669 2b. STREET 4601 Sheridan Street, Suite 500 5. OWNERSHIP a. TYPE Corporation 2c. CITY Hollywood 2d. STATE FL 2e. ZIP CODE 33021 b. SMALL BUSINESS STATUS No 6a. POINT OF CONTACT NAME AND TITLE John L. Mafera, Jr., Vice President/Regional Director of Aviation 7. NAME OF FIRM (If block 2a is a branch office) McFarland-Johnson, Inc. 6b. TELEPHONE NUMBER 305-705-4871 6c. EMAIL ADDRESS jmafera@mjinc.com 8a. FORMER FIRM NAME(S) (If any) 8b. YR. ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER 9. EMPLOYEES BY DISCIPLINE a. Function Code b. Discipline c. No. of Employees (1) FIRM (2) BRANCH 02 Administrative 30 4 08 CADD Technician 9 0 12 Civil Engineers 59 1 14 Computer Programmer 6 1 15 Construction Inspectors 14 1 21 Electrical Engineers 10 4 23 Environmental Engineer 1 0 24 Environmental Scientist 15 4 29 Geographic Information System Specialist 1 0 32 Hydraulic Engineer 2 0 34 Hydrologists 1 0 42 Mechanical Engineers 12 2 47 Planners: Urban/Regional 18 4 57 Structural Engineers 19 2 58 Technician/Analyst 1 0 60 Transportation Engineers 17 1 62 Water Resources Engineer 3 0 Other Employees 0 0 Total 218 24 10. PROFILE OF FIRM’S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Profile Code b. Experience c. Revenue Index Number (see below) A05 Airports; Navaids; Airport Lighting; Aircraft Fueling 8 A06 Airports; Terminals; & Hangars; Freight Handling 8 B02 Bridges 6 C15 Construction Management 5 E09 Environmental Impact Studies, Assessments or Statements 6 H04 Heating, Ventilating, Air Conditioning 3 H07 Highways; Streets; Airfield Paving; Parking Lots 6 L05 Lighting (Interior; Displays; Theatres; etc.) 2 L06 Lighting (Exteriors; Street; Memorials; Athletic Fields) 2 P06 Planning (Site, Installation and Project) 6 P07 Plumbing & Pipe Design 3 R06 Rehabilitation (Buildings; Structures; Facilities) 4 S09 Structural Design; Special Structures 3 S13 Stormwater Handling & Facilities 2 T03 Traffic & Transportation Engineering 2 Software Services 3 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) PROFESSIONAL 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 a. Federal Work 1 b. Non-Federal Work 9 c. Total Work 9 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE DATE 5/14/2025 c. NAME AND TITLE John L. Mafera, Jr., Vice President/Regional Director of Aviation RFQ No. PWE25-009 78WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 112 729 ARCHITECT-ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER (If any) RRFFQQ PPWWEE2255--000099 PART I - GENERAL QUALIFICATIONS 2a. FIRM (or Branch Office) NAME 3. YEAR ESTABLISHED 4. UNIQUE ENTITY IDENTIFIER South Florida Engineering Services, Inc. 2022 EIN: 92-1057734 2b. STREET 5. OWNERSHIP 1224 Haywagon Trail a. TYPE 2c. CITY 2d. STATE 2e. ZIP CODE S CorporationLoxahatchee FL 33470 b. SMALL BUSINESS STATUS 6a. POINT OF CONTACT NAME AND TITLE Small Business (not yet SBE certified) Aaron Cutler President/Owner 7. NAME OF FIRM (If Block 2a is a Branch Office) 6b. TELEPHONE NUMBER 6c. EMAIL ADDRESS South Florida Engineering Services, Inc561-398-1585 acutler@sfengineeringservicesinc.com 8a. FORMER FIRM NAME(S) (If any) 8b. YEAR ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER Baxter & Woodman, Inc. 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Function Code b. Discipline c. Number of Employees a. Profile Code b. Experience c. Revenue Index Number(1) FIRM (2) BRANCH 16 Construction Manager 2 C15 Construction Management & Inspection Services 4 15 Construction Inspector 2 02 Administrative 1 Other Employees Total 5 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) PROFESSIONAL SERVICES REVENUE INDEX NUMBER 1.Less Than $100,000 6.$2 million to less than $5 million 2.$100,000 to less than $250,000 7.$5 million to less than $10 million a. Federal Work 0 3.$250,000 to less than $500,000 8.$10 million to less than $25 million b. Non-Federal Work 4 4.$500,000 to less than $1 million 9.$25 million to less than $50 million c. Total Work 4 5.$1 million to less than $2 million 10.$50 million or greater 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE b. DATE c. NAME AND TITLEAaron Cutler, CGC, PMP – President/Owner STANDARD FORM 330 (REV. 7/2021) PAGE 6 79WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 113 730 STANDARD FORM 330 (REV 7/2021) PART II - GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (or Branch Office) NAME Terracon Consultants, Inc. 3. YEAR ESTABLISHED 2013 4. UNIQUE ENTITY IDENTIFIER MG15GZJ9BES5 2b. STREET 1225 Omar Rd 5. OWNERSHIP a. TYPE Corporation 2c. CITY West Palm Beach 2d. STATE FL 2e. ZIP CODE 33405-1046 b. SMALL BUSINESS STATUS N/A 6a. POINT OF CONTACT NAME AND TITLE Rutu Nulkar, Operations Manager 7. NAME OF FIRM (If Block 2a is a Branch Office) Terracon Consultants, Inc. (Est. 1965, DUNS No. 613569961) 6b. TELEPHONE NUMBER 561-689-4299 6c. E-MAIL ADDRESS rutu.nulkar@terracon.com 8a. FORMER FIRM NAME(S) (If any) 8b. YEAR ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER Dunkelberger Engineering and Testing, Inc. 1994 931493233 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Function Code b. Discipline c. Number of Employees a. Profile Code b. Experience c. Revenue Index Number (see below) (1) FIRM (2) BRANCH 05 Archaeologist 59 0 A06 Airports 8 06 Architect 22 0 A10 Asbestos Abatement 10 07 Biologist 88 0 B02 Bridges 8 08 CADD Technician 32 0 D01/D02 Dams/Dikes/Levees 7 12/27/55 Civil/Geotechnical/Foundation/ Soils Engineer 810 3 D04 Design Build RFPs 9 E07 Renewable Energy/Conservation 10 15 Construction Inspector 178 0 E09/E13 EIS/NEPA/Env Testing & Analysis 10 23 Environmental Engineer 269 0 E12/H03 Environmental Remediation/HTRW 8 24 Environmental Scientist/NEPA 501 1 H07 Highways/Streets/Parking 10 29 GIS Specialist 31 0 H09 Medical Facilities 8 30 Geologist 321 0 H10 Hospitality 8 36 Industrial Hygienist 34 0 H11 Multi-Family Housing 9 39 Landscape Architect 8 0 I01/W01 Industrial Manufacturing/Warehouse 10 40 Construction Materials/Pavement Engineer 412 2 P12 Power Gen. Transmission Distribution 9 51 Safety/Occupational Health Engr. 13 0 R03 Railroad/Rapid Transit 7 58 Technician/Analyst (Testing Lab) 2181 8 R12 Roofing 4 Driller 348 0 S03 Seismic Designs and Studies 4 Engineering Manager 164 1 S05 Soils/Geologic Studies/Foundations 10 Bldg Enclosure Cx/ Inspector 90 0 S07/S13 Solid Waste Facilities/Stormwater 8 Geophysicist 54 0 S11 Sustainable Design 7 Historic Preservationist 7 0 T02 Testing and Inspection Services 10 W02 Water/Hydrology/Groundwater 6 W03 Water Supply/Treatment/Distribution 8 Other Employees 887 2 Total 6,509 17 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) PROFESSIONAL SERVICES REVENUE INDEX NUMBER 1. Less than $100,000 6. $2 million to less than $5 million 2. $100,000 to less than $250,000 7. $5 million to less than $10 million 3. $250,000 to less than $500,000 8. $10 million to less than $25 million 4. $500,000 to less than $1 million 9. $25 million to less than $50 million 5. $1 million to less than $2 million 10. $50 million or greater a. Federal Work 9 b. Non-Federal Work 10 c. Total Work 10 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. c. NAME AND TITLE Jeff Davis, FSAME National Director, Federal Services 1. SOLICITATION NUMBER (If any) ARCHITECT-ENGINEER QUALIFICATIONS a. SIGNATURE b. DATE 5/14/2025 80WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 114 731 STANDARD FORM 330 (REV. 7/2021) ARCHITECT – ENGINEER QUALIFICATIONS 1. SOLICITATION NUMBER (If any) RFQ No. PWE25-009 PART II – GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM (OR BRANCH OFFICE) NAME 3. YEAR ESTABLISHED 4. UNIQUE ENTITY IDENTIFIER THE MERCHANT STRATEGY, INC. 2003 2b. STREET 5. OWNERSHIP 1804 NORTH DIXIE HIGHWAY, SUITE B a. TYPE 2c. CITY 2d. STATE 2e. ZIP CORPORATION WEST PALM BEACH FL 33407 b. SMALL BUSINESS STATUS 6a. POINT OF CONTACT NAME AND TITLE SBE/CBE/MWBE/WBE/DBE/ACDBE SHARON J. MERCHANT, PRESIDENT/CEO 7. NAME OF FIRM (If block 2a is a branch office) 6b. TELEPHONE NUMBER 6c. E-MAIL ADDRESS NA 561-315-9110 INFO@THEMERCHANTSTRATEGY.COM 8a. FORMER FIRM NAME(S) (If any) 8b. YR. ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER NA NA NA 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM’S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a. Function Code b. Discipline c. No. of Employees a. Profile Code b. Experience c. Revenue Index Number (see below) (1) FIRM (2) BRANCH 48 PROJECT MANAGER 2 PUBLIC INVOLVEMENT 1 02 ADMINISTRATIVE 1 GOVERNMENT/COMMUNITY OUTREACH 2 Other Employees Total 3 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown at right) PROFESSIONAL SERVICES REVENUE INDEX NUMBER 1. Less than $100,000 6. $2 million to less than $5 million 2. $100,000 to less than $250,000 7. $5 million to less than $10 million 3. $250,000 to less than $500,000 8. $10 million to less than $25 million 4. $500.000 to less than $1 million 9. $25 million to less than $50 million 5. $1 million to less than $2 million 10. $50 million or greater a. Federal Work 1 b. Non-Federal Work 2 c. Total Work 3 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE b. DATE 5/7/2025 c. NAME AND TITLE Cheryl Scott, Chief Operating Officer 81WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419FORM 330 | PART II: GENERAL QUALIFICATIONS 115 732 SECTION 3CERTIFIED MINORITY BUSINESS ENTERPRISE (MBE) 116 733 While our firm is not a certified Minority-Owned Business (MBE), we have a long history of working with and mentoring minority-owned, women-owned, and small businesses on projects and are committed to increasing their opportunities. Strengthening the skill base of these firms enables them to take on greater project responsibilities, enhances diversity in our industry, and bolsters economic growth in the metropolitan areas we serve. Providing opportunities for local MBE and WBE firms has been a strong commitment of Wade Trim for years. This commitment is much more than just providing those firms a percentage of a contract, it also includes giving them meaningful work that can help them build the needed experience to become self-sufficient, mentoring them as they go through their start-up process, and helping them establish their business. The cornerstone of our interaction with MBE/WBE firms is discussing opportunities so they can develop their staff to support the targeted opportunities and have their firms and staff play key roles in the projects. Wade Trim is fully committed to meeting or exceeding the County’s minority participation goals for this contract. We have added the following local minority certified firms to provide support under this contract and to ensure that local businesses are afforded full opportunity for participation: Avirom - Small Business Enterprise (SBE), School District of Palm Beach County The Merchant Strategy - Woman-Owned Business Enterprise (WBE), State of Florida Electrical Design Associates - Minority Business Enterprise (MBE), State of Florida South Florida Engineering Services - in the process of obtaining their SBE certification CERTIFIED MBE Office of Supplier Development 4050 Esplanade Way, Suite 380Tallahassee, Florida 32399 850-487-0915 www.dms.myflorida.com/osd Florida Department of Management Services Pedro Allende Woman Business Certification The Merchant Strategy, Inc. 03/19/2025 03/19/2027 Minority Business Certification Electrical Design Associates, Inc 09/20/2023 09/20/2025 83WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 3 117 734 SECTION 4OFFEROR’S QUALIFICATIONS 118 735 A. Proof of Authorization (SUNBIZ) B - E. Project Approach Included in Page 66. F. Subconsultants BCC Engineering BCC Engineering is a multidisciplinary engineering firm with a proven track record of delivering innovative, resilient, and community-focused infrastructure solutions across Florida. With over 31 years of experience, we have relevant experience in roadway design, drainage system upgrades, and water and sewer utility improvements. Our team has successfully completed similar neighborhood revitalization projects) including the Bonaventure Community Improvement project. This community infrastructure improvement project involved replacing approximately 535 residential water service lines and upsizing existing 2-inch water mains to 4-inch lines within the Bonaventure Community in the City of Weston. Our experience also includes the Golf Village Infrastructure Improvements, which involved the replacement and upsizing of approximately 53,000 linear feet of water mains and 7,000 linear feet of force mains within the Golf Village community in Sunrise, FL. The project includes the replacement of aging 6-inch to 12-inch PVC and asbestos-cement water mains, upgrading 2-inch to 4-inch water lines, replacing 6-inch to 10-inch asbestos force mains, and the design of exfiltration trenches to mitigate localized flooding and improve drainage. For the San Castle Neighborhood Project, our firm brings expertise in engineering design and project management services tailored to meet the unique needs of underserved communities. We understand the critical importance of integrating efficient drainage, utility infrastructure, and roadway improvements to enhance quality of life, ensure public safety, and support long-term sustainability. As a trusted partner to municipalities throughout Florida, BCC Engineering is committed to providing hands-on, responsive service and delivering results that exceed expectations - on time and within budget. Our approach prioritizes collaboration, community engagement, and regulatory compliance to ensure the successful transformation of the San Castle neighborhood. The Merchant Strategy At The Merchant Strategy, Inc. (TMS), they provide clients with the skills, relationships, and experience needed to communicate effectively, build support, and navigate government processes. As a woman-owned small business led OFFEROR’S QUALIFICATIONS State of Florida Department of State I certify from the records of this office that WADE TRIM,INC.is a corporation organized under the laws of the State of Florida,filed on May 31, 1984, effective June 1, 1984. The document number of this corporation is H05938. I further certify that said corporation has paid all fees due this office through December 31, 2025,that its most recent annual report/uniform business report was filed on February 1, 2025,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital, this the Twenty-fourth day of February, 2025 Tracking Number: 1836955604CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 85WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 119 736 by Sharon Merchant—a former State Representative and lifelong Palm Beach County resident—brings extensive expertise in public involvement, government and community relations, crisis management, social media, and media relations. They serve a diverse client base, including city and county governments, nonprofit agencies, and industry leaders in transportation, architecture, engineering, construction, health care, education, environmental services, and utilities. TMS is typically engaged to support challenging private sector projects through government and community relations, ensuring all stakeholders are addressed and building consensus among supporters and opponents. Their public involvement team, led by Sharon Merchant and supported by professionals such as Cheryl Scott and Justin Gonzalez, has played a critical role in the success of public sector projects for over 20 years. They manage every aspect of public communication, from collateral development to stakeholder engagement and information hotlines. Since their founding in 2003, TMS has earned multiple certifications, including DBE, ACDBE, SWBE, MWBE, and CBE, and operate offices in West Palm Beach, Fort Lauderdale, Ocala, and Little River, South Carolina. McFarland Johnson McFarland-Johnson Inc. (MJ), founded in 1946, is a nationally recognized, full-service engineering and environmental consulting firm. With a team of over 230 professionals including environmental scientists, specialists in National Environmental Protection Act (NEPA), licensed engineers, planners, public information officers, grant administrators, software developers, and technology technicians, MJ offers deep expertise across a broad spectrum of environmental-engineering. Their environmental practice is supported by a diverse and integrated group of professionals, which include Planners, LEED AP, Envision and Sustainable Design Professionals (CSDP) and Environmental Professionals with expertise in NEPA, Level 2 Environmental Reviews, Project or Site Specific Environmental Reviews, conservation and developing sustainability programs, environmental solutions, alternative energy and carbon reduction, sustainable policy programs, energy efficiency technologies in sustainable buildings, renewable energy solutions, sustainable transportation, water conservation and financial assessments. South Florida Engineering Services Aaron Cutler is the founder of South Florida Engineering Services (SFES), an organization established to provide South Florida municipal clients—such as the City of Boynton Beach—with a high level of project engineering and construction management services. With over 20 years of experience, Cutler has built a reputation for delivering successful municipal projects, including those similar to the San Castle Improvements Project. He brings a deep understanding of the complexities involved in managing construction phases for large-scale municipal initiatives and is recognized for his ability to coordinate efficiently with all stakeholders. As Lead Construction Manager on numerous Florida municipal projects, Cutler is adept at organizing pre-construction tasks, prioritizing submittal reviews, overseeing construction sequencing, managing permit coordination, and monitoring schedules. He emphasizes the importance of clear communication among all parties and ensures the public remains informed and involved throughout the process. Under his leadership, SFES works closely with Wade Trim and the City of Boynton Beach staff to make sure every aspect of construction is managed with detailed oversight and trusted service, laying a strong foundation for the successful completion of vital infrastructure projects. Terracon Since their founding in 1965, Terracon has grown into a thriving, employee-owned, multidisciplinary engineering consulting firm delivering facilities, environmental, geotechnical, and materials services. Their more than 7,000 curious minds include Aaron Cutler, CGC, PMP President at SF Engineering Services Phone: 561-398-1585 1224 Haywagon Trail, Loxahatchee, FL 33470 Email: acutler@sfengineeringservicesinc.com 86WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 120 737 engineers, scientists, architects, facilities experts, and field professionals focused on solving engineering and technical challenges from more than 180 locations nationwide, including a 13-office network in Florida. They design and construct reliable foundations and infrastructure which require a thorough understanding of soil, rock, and groundwater conditions. Through Terracon’s nationwide network of geotechnical professionals, access to historical subsurface exploration data from thousands of locations across the country, and GIS-enabled geology mapping, they can accurately anticipate ground conditions and develop the right work plan to explore a site. Corrosion Control, Inc. Corrosion Control Incorporated (CCI) is a professional engineering and service company devoted to the field of corrosion monitoring and control. The corrosion engineering related services offered include soil corrosivity service life studies and corrosion control design, testing, and troubleshooting. Related areas of expertise include corrosion failure analysis, mechanical integrity inspection of piping per API-570, external corrosion direct assessment (ECDA), coating selection and inspection, water treatment analysis, material selection, preliminary soil/water corrosivity studies, and above grade compliance evaluations related to corrosion control. CCI has extensive experience providing corrosion engineering services throughout the state of Florida. This includes extensive work in South Florida for a variety of utilities, including water mains, cooling water systems, and fuel delivery systems. Work that is directly relevant to this project includes analysis of soil corrosivity and corrosion control designs for new water mains along the Florida Keys and throughout the Miami Airport. Inframap Founded in 1987, INFRAMAP provides professional subsurface utility engineering (SUE) services throughout the United States. They collect utility infrastructure data in the field using sophisticated geophysical techniques and instrumentation (including GPR) with automated data collection gear and state-of-the-art survey equipment. They then merge this information into their clients’ base mapping in their desired format. This critical data is essential in the design and decision making process of any new or existing infrastructure project. They have worked on a couple of projects with the City of Boynton Beach, including the Boynton Beach WTP Generator Replacement project and the Boynton Beach WTP project. Avirom Survey Avirom & Associates has been working with the City of Boynton Beach since 1991, providing services such as boundary surveys, topographic/route of line surveys, platting services, and sketches and descriptions. They are currently under contract as one of the surveyors for the City of Boynton Beach. The firm consists of approximately 35 employees with an average length of service of 18 years. Their 43-year history represents the firm’s strength and stability in South Florida and the Florida Keys. They have worked with many municipalities throughout South Florida. Their surveys have been the base maps for numerous designs, not only for engineering and architecture, but also for landscape architecture and urban design firms. EDA Electrical Design Associates, Inc. is a consulting engineering firm specializing in electrical and instrumentation design for water and wastewater facilities. They provide consulting engineering services primarily to the public sector. Their staff’s electrical experience includes electrical and instrumentation system designs for industrial 87WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 121 738 plants, specifically Water and Wastewater Treatment Facilities located throughout the state of Florida. Their electrical distribution systems experience covers the full range up to 13 KV distribution systems as well as standby generator systems. EDA’s instrumentation systems design experience includes SCADA and PC based systems, as well as numerous traditional plant monitoring and control panel designs. Their design experience encompasses computer/PLC controlled systems utilizing SCADA based systems for interfacing to remote locations, as well as hard wired relay controlled custom solutions. G. Principal Place of Business Wade Trim, Inc. 9100 S. Dadeland Blvd, Suite 1500 Miami, FL 33156 BCC Engineering, Inc. (major subconsultant) 6401 SW 87th Avenue Suite 200 Miami, FL 33173 88WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 122 739 Boynton Beach San Castle Boynton Beach San Castle Ortho Mosaic 5/13/2025, 12:00 AM 1000 ft North APPROACH SECTION 4 Project Understanding The San Castle Neighborhood is located east of I-95 and just south of Hypoluxo Road. This is a disadvantaged neighborhood in the northeast area of Boynton Beach, which is in dire need of roadway improvements in order to mitigate safety concerns. Most of the deteriorated roadways are caused by a lack of proper stormwater drainage. This low-lying and highly vulnerable area lacks proper drainage and is highly susceptible to tidal flooding, being impacted 89WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419123 740 by king tides occur even without a significant storm event. This situation is aggravated during major storms and hurricanes, when residents are subject to flooding and standing water for days after the storm event has passed. Localized flooding creates hazards and safety risk to first responders (Law Enforcement, Fire Service, Search and Rescue activities), essential government services including emergency and disaster assistance and community safety overall. Exhibit 4 shows an elevation heatmap for the San Castle Neighborhood. As shown in the figure, there are localized low points along several corridors in the neighborhood. In addition there is a limited capacity to drain the area with a restricted stormwater conveyance capacity to discharge water at C-16 Canal or a Palm Beach County owned stormwater pond. For the San Castle neighborhood critical known flooding areas include area along Ocean Parkway between Mentone Road and Atlantic Drive ; the Area along Palm Drive between Seacrest Boulevard and Atlantic Drive ; the area along NE 27th Ct between NE 27th Ave and Ocean Parkway ; and an area along 4th Street between 27th Avenue and 28th Court . In addition, new structures have an elevated floor slab elevation by code, while older structures remain in very low-lying conditions. An example of this can be shown in Exhibit 5, where the north side EXHIBIT 4 Elevation heatmap for the San Castle Neighborhood� 1 2 3 4 Known Flooding Locations San Castle Project Area VALUE (US Survey Feet) 33 �72 6�62 90WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 124 741 Text of Palm Drive has a higher floor elevation than the house on the south side of the street. Simply raising the roads, cannot possibly solve the access concerns without creating unintended collateral damage to lower lying structures. A comprehensive stormwater evaluation will be required to determine the most optimum solution to alleviate localized flooding and select a design storm for which to design the roads and ancillary drainage. To solve this challenge, the City of Boynton Beach has obtained as Community Development Block Grant Mitigation (CBDG-MIT) in order to improve the quality of life of the residents of the San Castle Neighborhood. The CBDG-MIT will help fund much needed improvements to reduce flooding, replace the aging utility infrastructure, and improve the roadway conditions within the disadvantaged neighborhood. This work will include the installation of 24,000 linear feet of stormwater pipe, 86,000 linear feet of water and sewer infrastructure, and 24,000 linear feet of road resurfacing and replacement. To deliver these project goals, Wade Trim will focus on key technical areas that need to work together to make the project successful. The design process is not linear in nature. It is an iterative process that will find the best solution at the highest value. For example, raising the roads to a specific elevation may not always be an option. Stormwater EXHIBIT 5 ORTHOMOSAIC DRONE ELEVATIONS The sequence of images below is based on elevations captured by an orthomosaic drone� Figure A shows how during rainfall (non-major event) the water will naturally drain towards areas along Ocean Parkway as de- picted by the lower elevations (blue shading)� As the area is drained, Fig- ure B shows the area of stormwater accumulation is limited to portions of the road as the water tries to make its way to existing inlet structures at the corners of Ocean Parkway and Atlantic Drive and Ocean Parkway and Palm Drive� Because of the limited drainage capacity, Figure C shows how ponding is created around the drainage structures� When comparing Figure C to Figure D, you can clearly identify the ponding on Figure C compared directly to the edge of the sediment deposition marks shown on the aerial view of Figure D� Figure A Figure B Figure DOcean PkwyOcean PkwyOcean PkwyOcean PkwyOcean PkwyOcean PkwyN Palm DrN Palm Dr N Palm DrN Palm Dr Atlantic DrAtlantic Dr At l a n t i c D r At l a n t i c D r Atlantic DrAtlantic Dr Figure C Atlantic DrAtlantic Dr N Palm DrN Palm DrOcean PkwyOcean Pkwy91WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 125 742 inlet elevations, harmonization obstacles, etc. may result in elevation targets to be tweaked. Our experience on projects like Palm and Hibiscus Islands, and Sunset Harbour provided us with lessons learned to confirm these technical areas work together to deliver the project goals to the local residents. 1 Project Approach Project Initiation and Planning Understanding the Project’s scope, objectives, and constraints, including budget, timeline, and regulatory requirements as described herein The objective of the Engineering Design and Environmental Review Services – San Castle Grant Funded Project is not something that is new to our project team. Since the early 2000’s, Southeast Florida has understood the impact rising sea levels and more intense storms would have on low lying coastal cities like Boynton Beach have partnered with engineering firms to find solutions that will improve the overall quality of the residents. Wade Trim was at the forefront of resilient projects, partnering with the City of Miami Beach on two of the first road raising projects, Sunset Harbour and Palm and Hibiscus. Many of the standards and design criteria adopted by the City of Miami Beach for subsequent projects originated from successes or lessons learned during those projects. Our design team understands the project goal of creating a more resilient neighborhood by installing a new stormwater infrastructure to provide flood protection to sea level rise projections and updated rainfall design storms improving the neighborhood accessibility by rebuilding the roads and addressing existing harmonization challenges. With the Dig Once approach, as Boynton Beach improves this disadvantaged neighborhood, all other improvements will be EXHIBIT 6 San Castle Neighborhood elevation levels The left photo is Ocean parkway view looking south. The east side of Ocean Parkway has a lower floor elevation than the house on the west side of the street with 3.8 feet difference. The right photo is on N. Palm Dr looking east. The intersection of Ocean Pkwy and N. Palm Dr shows a 6 foot drop in elevation. 20.6 FTResident 20.8 FTStreet elevation 24.4 FT 22.5 FT Ocean Parkway view looking south 26.2 FT 20.6 FT Intersection of Ocean Pkwy 24.6 FT North Palm Drive view looking east 26 FT End of street GOALS OF THE PROJECT Reduce flooding Provide safe drinking water to residents Increase resiliency Manage grant funding Provide safe access to residents, first responders and other government services CRITICAL AREAS OF FOCUS Grant dictated project schedule Solutions that meet available funds Sequence of utility replacements Pump station configuration Stormwater treatment/ water quality Outfall dissipation structure 92WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 126 743 incorporated into the same project area. Aging water and sewer systems will be replaced. Spacing constraints and new regulatory requirements pose challenges in achieving water quality and water quantity to control and remove pollutant loading into the stormwater systems. Given that this neighborhood is not directly adjacent to tidal body such as the intracoastal waterway, part of the challenge will be to determine how and where to discharge the high intensity peak storm flow captured by the new stormwater facilities. The stormwater is currently conveyed to two separate discharges, a stormwater pond on the northeast portion of the area owned by Palm Beach County and a discharge at C-16 Canal making its way to it through a series of pipes and open water channels. The Wade Trim team understands the challenges involved in neighborhood improvement projects where multiple utilities are installed in shared corridors and is ready to deliver to the City, as we have done in past and recent projects. Our project management process will confirm that the City’s scope, goals, and objectives are met on this project. Exhibit 7 outlines the Wade Trim project management process phases for project delivery. Understanding of pertinent City planning documents; and how proposer will incorporate and coordinate these with the design 01 INITIATION  Define goals and objectives Before this project starts, the Project Manager, Shari Ramirez, will confirm that the project scope, goals, objectives, risks, issues, budget, schedule, and approach have been defined, which will then be communicated to the City and all stakeholders to build a consensus. 02 PLANNNING  Create project management plan The key to a successful project is in the planning. Creating a project management plan (PMP) that lays out the overall approach to deliver this project will be the first task that must be completed. 03 QUALITY MANAGEMENT PLAN  Prepares deliverables and submits progress reports In this phase, deliverables will be developed and completed. The kickoff meeting marks the start of this phase. Regular and periodic reporting of status, issues, risks, and progress will confirm tasks are achieved as expected. 04 CLOSE-OUT  Confirms all project goals and objectives have been met Often overlooked, the close-out phase is important to make sure the project reaches a clear endpoint and that the assets will be properly turned over to the City of Boynton Beach. Record drawings and permit close-out documentation will be assembled to verify that all contractual requirements have been met at the completion of the project. EXHIBIT 7 MANAGEMENT PROCESS PHASES FOR PROJECT DELiVERY 93WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 127 744 The City of Boynton Beach has invested a lot of time and effort into obtaining the CBDG-MIT grant and through a consultant has performed a stormwater evaluation for several areas of the City including this project. It is important that our team performs due diligence and independently verifies recommendations of previous reports through independent stormwater modeling. This will increase the level of confidence on proposed recommendations and will allow our team to adjust to practical solutions that benefit the City. The current storm evaluation performed by others identifies restrictions on the ability to drain this neighborhood area through the existing stormwater system to either the C-16 Canal or a stormwater pond on the northeast side of the neighborhood owned by Palm Beach County. The proposed solution is mostly geared towards the use of exfiltration trenches, which essentially act as dry wells to collect stormwater in small areas and then slowly allow it to drain back into the soil over time. Exfiltration trenches are most suitable for small areas with low groundwater tables. The presence of high groundwater conditions, particularly at king tides, could diminish the effectiveness of the exfiltration trenches to mitigate localized flooding conditions. It is proper that our team evaluates through modeling other potential solutions that have a higher likelihood of success, as long as it meets the available budgets/funding mechanisms for this project. It is also important for our team to have a good understanding of other governing documents and preferences that the City would like us to abide by this design such as the Engineering Design Handbook and Construction Standards for Public Works and Utilities Engineering along with established Engineering details. Our team would also need to know if these documents are currently undergoing internal revisions or updates. In addition, any other major planning documents or initiatives that could affect this area, such as planned redevelopment along Seacrest Boulevard, which is a major thoroughfare at the edge of the neighborhood area but could affect the evaluation of intended solutions. This project is federally funded through the CDBG-MIT process and underwent the Categorical Exclusion determination process. It is the Wade Trim Team’s understanding that the project is required to perform an NEPA Environmental Assessment (EA), refer to Exhibit 8. A NEPA EA is not the same as a Phase I NEPA PROCESS FLOW OVERViEW PROCEED KICK OFF THE PROJECT PLANNING PROCESS Develop the project proposal Determine necessary level of environmental review CATEGORICAL EXCLUSION (CATEX OR CE) Does the “action” fall outside the boundaries of the CATEX? Are there potential impacts or consequenses that require further review? ENVIRONMENTAL ASSESSMENT (EA) Make every practical public and agency involvement/ engagement effort possible Determine if the “action” has the potential for causing significant environmental consequences ENVIRONMENTAL IMPACT STATEMENT (EIS) Issue Notice of Intent (NOI) Engage the public, receive feedback Publish EIS for public comment/review Publish final EIS and make widely available to public Sign Record of Decision (ROD) YES YES NO NO NO EXHIBIT 8 94WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 128 745 Text Environmental Site Assessment (ESA) typically governed by Florida Department of Environmental Protection (FDEP). NEPA EAs focus on the broader environmental effects of federal projects, including alternatives and mitigation measures. Phase I ESAs, on the other hand, are a more limited assessment of a specific property, focusing on historical records and site reconnaissance to identify potential environmental concerns. Our team includes a qualified subconsultant (Mc Farland Johnson) which brings hands-on Federal NEPA experience to properly meet this important federal funding requirement. Reviewing available data from FDEP Map Direct Exhibit 9, we concur that there appears to be a very low risk for encountering contaminated soils or groundwater within the defined project boundaries. However, according to record drawings provided, portions of the water main system are asbestos cement pipe (AC pipe or Transite). The NEPA Environmental Assessment will have to account for how to mitigate the health risks associated with the removal/ replacement of the AC pipes. The most critical risk is associated with the exposure and removal of segments of AC pipe, as asbestos can be very detrimental to human health when it becomes airborne. This process requires specific procedures, tools and guidelines for containment and disposal. In Florida, pipe bursting has been considered a preferable low-risk method of addressing AC pipe replacement while reducing potential exposure. Members of our staff are very familiar with the process being implemented in other municipalities across Florida. In recent years, EPA has nationally recognized the Close Tolerance Pipe Slurrification (CTPS) method as an alternative work practice (AWP) to replace, rehabilitate or repair AC pipes. Exhibit 10 below shows the CTPS process. This patented process is a proven technology that removes the existing pipe by pulling a rotating EXHIBIT 10 The Close Tolerance Pipe Replacement Process Source EPA Guidelines for Replacing Asbestos cement Pipes with Close tolerance Pipe Slurrification EXHIBIT 9 Contaminated sites LEGEND ERIC Waste Cleanup BROWNFIELD SITES PETROLEUM PFAS SITES Site Investigation Section Sites Drycleaning Solvent Program Cleanup Sites OTHER WASTE CLEANUP State-Owned Lands Cleanup Program (SOLCP) Sites 95WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 129 746 reamer through the existing pipe while simultaneously injecting a bentonite-slurry lubricating fluid. The slurry is removed and displaced into a receiving pit by a reamer. A new pipe is then pulled behind the reamer. The fluids are captured and disposed of as wet slurry to a certified landfill, thus preventing the asbestos from becoming airborne. Our partner, BCC is currently delivering the very first CTPS project for the City of Sunrise in Florida. During the NEPA evaluation, our team will have to compare alternative methods, impacts and costs to select the best solution for the City for all components of the project, including stormwater solutions, water main replacement, sewer replacement, construction techniques and costs. Given that there appears to be a low risk of existing soil and groundwater contamination in the area, the NEPA EA should be streamlined. Conduct a thorough review of all available data and documents with information regarding the existing infrastructure, including water and sewer utilities, drainage, and all other pertinent infrastructure A critical aspect of the design and execution of a successful project is the correct and accurate identification of existing underground utilities in the project area by performing a thorough review of the available data and documents. This is especially true in these types of projects, which are carried out in fully developed urban areas, where the existing right-of-way is usually congested with utilities. Although rights-of-way are not expected to be as busy along these neighborhoods, planned phasing of utility replacements will require the use of most if not all of the available right-of-way spaces to avoid service interruptions. It is important to understand that underground conflicts do not only come from underground City assets. There are other underground conflicts that are critical for the design and are caused by third party assets. The Wade Trim Team clearly understands this, so in addition to requesting as-builts from the City and third-party utility owners, our team also reaches out to the roadway owner and requests as-builts from them. Complementary ground penetrating radar (GPR) and subsurface utility locates are used as required to supplement available data. With all this information we then are able to consolidate and digitize all of the information received into one document, with layered assets, identifying all underground utilities. With the existing underground utilities, our engineers can get a clear picture of available corridors for new development or the potential impacts of the planned improvements to existing underground utilities. 2 Data Gathering Obtaining topographic surveys, geotechnical reports, and other relevant site data |Topographic Survey and SUE Our partners, Avirom will provide topographical survey and control points, while Inframap will enhance the corridor evaluation of the right-of-way surveys by providing Subsurface Utility Engineering (SUE) for this project. Both firms will collaborate closely with Wade Trim to address any additional survey information needs. Their SUE tasks will incorporate Quality Levels “A” and “B” processes, ensuring accurate horizontal and vertical data for existing and design-impacted utilities. Having partnered with Wade Trim on previous projects, both firms possess a deep understanding of the Wade Trim needs for design. In addition, Wade Trim will supplement and enhance the information collected with the use of an orthosomaic drone. This Rm of aerial imaging is capable of providing 3D point cloud with survey grade accuracy. Additional mapping tools such spherical imaging and VLX 3D scanning, which are Wade Trim additional survey mapping tools will only be used as needed to support corridor evaluation, mapping or public outreach efforts. |Geotechnical Investigation Terracon has extensive geotechnical experience in Palm Beach County, City of Boynton Beach and surrounding areas. Based on historical knowledge, expected soils in the study area 96WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 130 747 would include a combination of shell, silts, clays and organic debris, in the northern and southern part of the study area, with some sand, sandy limestone and shelly marl throughout the remainder. Among the expected geotechnical services will be evaluation of historical groundwater levels, SPT borings, hand auger and double ring infiltrometer or percolation test to determine the conditions of the area and measure the theoretical effectiveness of exfiltration trenches as part of the potential alternative evaluation process. |Environmental Investigation McFarland Johnson, an experienced environmental firm, will support the Team in developing a comprehensive environmental assessment that meets NEPA requirements for the project considering the above-mentioned site conditions. Should any of the proposed solutions include a new point of stormwater discharge, McFarland Johnson will also be able to assist in the alternative evaluation and determine any potential environmental impacts associated with those proposed alternative(s). |Utility Coordination Our Team is experienced in working in congested, urban corridors, installing new infrastructure in developed areas. Our team starts working on this issue even before starting design, looking at the identified corridor and then analyzing alternative routes to achieve the project goals with fewer utility conflicts. Once the project solution(s) and corridors are defined and deemed to be the most adequate, our team will evaluate all available as-built records from utility companies. Upon issuing of NTP, we will call the Sunshine State One Call of Florida, or Sunshine 811, and request a Design Ticket. The design ticket will provide a list of utility owners registered within the project corridor. With this list, we will create a contact matrix, to include all the utility companies listed in the Design Ticket and added to it the contact information which we obtained from a constantly updated contact list we carry within our firm. This allows us to have all the utility contacts in one place. This list will also include the date of the requested as-builts, and track all responses. This tracking matrix allows stakeholders to get a one-document snapshot of the utility investigation process and allows us to identify which utilities have failed to respond to our request, so we can follow up and make additional requests. 3 Stakeholder Engagement Identifying and developing an engagement plan with stakeholders, such as local government agencies, community representatives, and utility companies |Communication Plan / Strategy Led by Sharon Merchant, our local public outreach subconsultant Merchant Strategies will develop a communication plan/strategy for this project. This strategy is aimed at building capacity in the community by leveraging a focus group comprised of representatives from residents, business associations, cultural and environmental groups. In partnership with Wade Trim and the City, Merchant Strategies will apply lessons learned from previous local neighborhood improvement projects to refine stakeholder messaging and gather essential community feedback. David Mullen, the Design Manager, has unmatched experience collaborating with Public Outreach firms and communicating stormwater improvements, harmonization and project details to the public directly, with previous similar efforts during similar resiliency/ neighborhood improvements projects like Espanola Way, Sunset Harbour, and Palm and Hibiscus. These countless interactions with property owners have driven the development of effective communication strategies that build trust and turn challenges into opportunities for support. Working hand in hand with the Wade Trim Team and the City, Merchant strategies will work to refine the messaging to provide the greatest clarity to stakeholders, as well as to solicit the important and necessary feedback from community stakeholders. 97WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 131 748 Seeking input and feedback from the public to understand their concerns and expectations. Communication is key to the success of any project, and it’s never more critical than when working with individual homeowners and businesses. Complete neighborhood improvement projects impact residents and commercial customers, with whom we will need to coordinate improvements, in some cases harmonization of their properties. If these residents and stakeholders are going to support this project, we must clearly communicate the scope, purpose, and schedule. The residents and stakeholders must also be informed of construction durations and traffic impacts such as lane closures or detours. While impacts are unavoidable, the goal is to reduce the hardship on the impacted residents and stakeholders to the extent possible and build support for the purpose and result. For this reason, Wade Trim will work closely with the City to help inform the public throughout the duration of the project by communicating and receiving feedback from the public during both the design phase and construction phase. Developing a communications plan to keep the public and stakeholders informed about the progress of the Project and any changes to the design or construction schedule, gathering stakeholder feedback, as well as TABLE 2 PUBLIC OUTREACH STRATEGIES INFORMATIVE LETTERS ACTION •Mail introductory letters to affected property owners with a project description, contact information, maps of the impacted area, and project schedule� Send at the beginning of the project and again at key milestones during design and construction BENEFIT •Easy method to inform property owners about the project – travel isn’t necessary, requires minimal time WEAKNESS •Without interface, there is the possibility of misinterpretation PUBLIC MEETINGS ACTION •Present an overview of the proposed project to interested residents� This may include a pre- sentation with graphics and/or maps, followed by general Q&A, and ending with one-on-one conversations with individual property owners who have specific questions BENEFIT •Easy to share clear information with a large group at once allows for questions and misinter- pretations to be addressed WEAKNESS •Scheduling conflicts may not allow all property owners to attend� Locating and coordinating adequate and convenient meeting space can be challenging Interface with confrontational residents may need to take place in a public setting ONE-ON-ONE ON-SITE MEETINGS ACTION •Set up one-on-one meetings with interested property owners to review the pipe alignment through their property and discuss specific design and construction details for their property BENEFIT •Provides opportunity to gain property owner support by individually addressing concerns WEAKNESS •Requires more time, typically in the evening when property owners are available after work PROJECT WEBSITE/SOCIAL MEDIA ACTION •Develop a website and/or social media campaign to provide project details of interest, including maps, schedules, design drawings, general information, responses to frequently asked questions, and contact information BENEFIT •Both are easy to update with the most recent project information� During construction, both can be updated regularly to indicate location of construction activities and potential road closures� Both offer an easy method for property owners to submit questions and project team to respond WEAKNESS •Resident must have internet access and/or social media accounts 98WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 132 749 being able to demonstrate and articulate the reduction in flood risk for the community A communication plan will be developed for the project. Our public outreach specialist, Merchant Strategies, will effectively communicate the beneficial impacts of the utility upgrades and flood mitigation to these stakeholders, establish clear expectations, and keep the stakeholders informed throughout the project. Solutions for effective communication include regular meetings, hand-outs, a website, mailers, and social media posts. Our team has had success with these public outreach strategies as shown in Table 2 on the previous page. We have used each of these techniques on similar projects, usually in combination for greater impact. 4 Preliminary Design There are multiple concurrent preliminary activities that need to be carried out simultaneously, in order to define the right solution for this neighborhood improvement and flood mitigation project. See Exhibit 11 below. Developing conceptual design options and drainage v models that address the Project’s objectives Wade Trim’s wet weather hydraulic modeling expertise dates back several decades, and we are the key program managers for several major wet weather programs such as Allegheny County Sanitary Authority (ALCOSAN), Three Rivers Stewardship District, Great Lakes Water Authority and Pittsburgh Water and Sewer Authority to name a few. The first and most important step during the preliminary design phase will be to create a stormwater model for the study area and undertake early field activities to verify geological conditions and support accurate predictive stormwater modeling. The stormwater model will be the key tool for flood mitigation decision making. In the state of Florida ICPR 4, is a widely accepted stormwater model platform used by regulatory agencies. Other alternative options for dynamic storm simulation could be PCSWMM or INFOWORKS, which have additional simulation and reporting features that could be key specific solutions. Concurrently with stormwater modeling our team of experts will discuss with the City potential practical flood mitigation solutions, knowing the budget limitations of the grant funding. In addition to exfiltration trenches, additional conceptual solutions could involve underground storage, stormwater wells, increased conveyance capacity and potentially a stormwater lift station and force main, to increase the discharge capacity of the basin. The conceptual alternative along with associated modeling and cost iDENTiF Y iNG THE RIGHT SOLUTION Establishing Level of Service and Stormwater Modeling Geotechnical Testing Corridor Evaluation NEPA Environmental Assessment Developing Conceptual Design Options EXHIBIT 11 Identifying the Right Solution Preliminary activities to be carried out in order to identify the right solution 99WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 133 750 comparison will provide the City means of choosing the final level of service and solutions to implement. Establish a Level of Service (LOS) The stormwater evaluation performed by others includes a proposed target level of service for stormwater improvements as a 25-year, 24-hour storm event. After our team creates a predictive stormwater model and confirms field conditions, we will revisit the expected level of service and estimated costs with the City. In addition, our team will confirm with the City that the replacement of other utilities in the corridor will be of the same diameters and capacities and will rely on the City’s hydraulic models for these decisions. Additional hydraulic modeling for water and sewer can be performed if needed. Field Verification with Geo- technical Testing Obtaining supplement information from field activities is important to help establish realistic outcomes in stormwater predictive modeling. Geotechnical field tests such as hand auger, spt borings, soil classification and percolation tests should support the use of exfiltration trenches that can properly drain to avoid the localized flooding. If optimal conditions are not present, the team will have to evaluate other possible solutions such as collection and other means of local detention or increasing the capacity of stormwater discharge with increased drainage conveyance or small stormwater lift station(s) and force mains to designated tidally influence discharge points that will permit an increase discharge of stormwater peak flow. Corridor Evaluation As is the case with every linear conveyance project, the corridors shall be evaluated for potential conflicts. As seen on Exhibit 12, the San Castle neighborhood already has existing City utilities. In addition, there are third party utilities such as power and communication that are in the proposed work areas. A sequencing plan should be able to identify how to most optimally use the available corridors. Existing utility services need to be maintained while new replacement parallel utilities are being built and commissioned. In addition, available space needs to be accounted for in stormwater capture and conveyance as part LEGEND Stormwater Manholes Sewer Manholes Lift Station Water Main Stormwater Pipes Sewer Gravity Mains Force Main Project Limits EXHIBIT 12 San Castle Existing Utilities Third-party Utilities Currently Not Shown 100WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 134 751 of the road restoration and flood mitigation efforts. Environmental Assessment Unlike the Phase 1 Environmental Site Assessments, the NEPA environmental assessments include a thorough evaluation of potential detrimental impacts from implemented solutions. Each possible solution identified may have a different environmental impact that may require mitigation. However, a key element of these environmental assessments is precisely to have an alternative analysis as part of the evaluation. As our team develops proposed stormwater flooding and AC pipe replacement solutions, potential environmental impacts and potential mitigation will be identified and weighed as part of the decision making process. Identifying the right solution Once all of the steps above have been completed, our Team in a collaborative workshop environment will present the results of the evaluation along with supporting information to determine the most optimal cost-effective solutions for implementation. This will present a forum for City staff to provide input, ask questions and get clarifications. The lowest cost solution may at times not necessarily be the best solution, and the most easily implementable solution, can at times create excessive operational and maintenance headaches, which City staff may not want to undertake. It is important that decisions be reached in a collaborative environment and by consensus, which provide a firm step forward towards project buy-in from stakeholders. Keeping in mind schedule and budget, we will prepare a conceptual 30% design of the selected alternative to ensure no conflicts or additional information are required. The conceptual 30% design plans will include alternative roadway typical cross sections and proposed utility alignments along with a preliminary opinion of probable construction cost to be submitted to the City and for stakeholder review. Upon completion of the review, Wade Trim will conduct a design review meeting with the City and stakeholders to review major design discussions and any comments. 5 Detailed Design Introduction Our team has performed a thorough review of the stormwater evaluation and the grant funding request and understands the City’s objective of mitigating current and future flooding caused by rain events and sea-level rise. Our detailed design approach is focused on enhancing the decision making of the stormwater evaluation with stormwater modeling and preparing a conceptual design incorporating the information gathered during preliminary design phase, and then developing a finished permittable and constructable design package. The detailed design phase follows the flow of the water through the improvements starting as the rainfall lands on the ground surface to be guided into a collection inlet where it will enter the conveyance system to be routed to selected storm flooding mitigation option which could be from exfiltration trenches, to increased conveyance capacity or stormwater pump station and pumped through the discharge force main to the a designated discharge points that has yet to be evaluated. Selecting the most feasible and cost-effective design options based on stakeholder analysis and input The key to a successful neighborhood improvement project is a design philosophy that focuses on the clients needs and budgets while improving conditions for the residents and businesses. Proactive interactions with City staff, business owners, and residents will provide feedback and guiding principles to include all major stakeholders and gain a sense of shared ownership in the successful completion of the project. Our Design Team has an intimate understanding of implementing stakeholder involvement from unmatched boots-on-the-ground experience our Key Personnel have from previous neighborhood improvement projects like Sunset Harbour, Palm and Hibiscus, Española Way, First Street, and Flagler Street Downtown Beautification. 101WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 135 752 Preparing detailed construction plans, including specifications, materials, and construction techniques. Design Process After reviewing and addressing all comments from the City and other stakeholders during preliminary design phase, we will further develop the design and complete 60% and 90% submittals including a design meeting workshop held after each submittal to discuss and confirm understanding of comments. Design submittals are anticipated to include at a minimum all applicable calculations, general notes, roadway plans, utilities plan and profiles, traffic control, erosion control, landscape plans, harmonization plans, where needed, details, as well as specifications and an updated opinion of probable construction cost. Final design plans to be used for the bidding phase will address any comments received from the permitting agencies, City staff, and other key stakeholders. During the bidding phase our design team anticipates supporting the City with the bid advertisement process, responses to bid questions, reviewing bids, and then production of the 100% IFC Signed and sealed documents incorporating any changes or clarifications during the bid process. A detailed design process workflow is shown on Table 3 on the next page. Harmonization Road raising may be one of the potential solutions for this project, and if implemented it can create additional challenges. One of the potential challenges that comes with elevating the roads is harmonizing with adjacent private properties, as well as harmonizing private property to private property. In some cases, properties have already been built to a higher floor elevation, and in other the finished floor elevation may end up below the road level. Harmonization is also the best opportunity to turn a temporary inconvenience into a quality-of-life improvement for the neighborhood residents and businesses. Our team understands that there is no universal solution for harmonization on this project and each property will need to be analyzed individually to develop the best site-specific design. Our team will draw on the experience of the hundreds of individual harmonizations designed and constructed previously for Miami Beach. This experience has created a large toolbox for both harmonization between private property and the road and harmonization between each adjacent property. Factors such as accessibility, practicality, and cost will be taken into consideration for all proposed harmonization solutions. Our team is also experienced in assisting agencies in obtaining construction and maintenance easements when harmonization carries outside of the right of way. The current neighborhood does not include bicycle lanes or ADA access. Our Team will pay close attention to ADA and pedestrian access throughout the design process. Pedestrian pathway grades and widths will meet ADA minimums both during and after construction, and all curb ramps will follow ADA standards with proper detectable warning surfaces. Any collection grates within a pedestrian pathway will meet current heel proof requirements. Providing additional crosswalks and crosswalk signals will also improve pedestrian connectivity and mobility.  Maintain minimum Edge Of Pavement elevations  Driveway entrances at Right of way line when Finished Floor elevations significantly vary on either sides of the street. HARMONIZATION GOALS HARMONIZATION CHALLENGES 102WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 136 753 SECTION 4 | OFFEROR’S QUALIFICATIONS TABLE 3ENGINEERING TEAM KICK-OFFPRELIMINARY DESIGN60% DEVELOPMENT90% DEVELOPMENT100% DEVELOPMENTBID SET & SUPPORTCONSTRUCTION PHASE +Kick-Off Meeting +Project Management Plan +Identify Key Stakeholders +Quality Management Plan +Engage stakeholders +Mobilize environmental geotechnical, survey +Stormwater Modeling +Coordinate project goals and level of service with City Staff +Evaluate alternatives +Perform Environmental Assessment +Initiate discussion with permitting agencies +Confirm existing utility alignment +Develop road typical section +Confirm easement and land availability +Grant Admin/Reporting +QA/QC +Develop roadway, harmonization plan & pump station (if needed) +Develop stormwater conveyance & utility horizontal alignment +Develop utility relocation plan +Coordinate SUE +Mobilize SUE (between 30% and +60%) +Coordinate with permitting agencies +Stakeholder Coordination +Grant Admin/ Reporting +QA/QC +Finalize pump station (if needed), roadway & harmonization plan +Finalize stormwater conveyance & utility horizontal and vertical alignments +Apply for permits +Develop legal descriptions for easement acquisition (if necessary) +Finalize utility relocation plan +Stakeholder Coordination +Attend resident meetings to begin harmonization agreements process +Grant Admin/ Reporting +QA/QC +Implement permit comments +Receive approved permits +Grant Admin/Reporting +QA/QC +Finalize harmonization agreements +Finalize bid package +Support city on bid process +Grant Admin/ Reporting +Support City during bid process +Review Contractor bid responses +Finalize construction package +Pre-construction meeting +RFI responses +As-needed site visits +As-needed shop drawing review +Weekly progress meeting +As-built review +Grant Admin/ ReportingDELIVERABLESDELIVERABLESDELIVERABLESDELIVERABLESDELIVERABLESDELIVERABLES +30% design plans +Conceptual roadway typical sections and pump station layouts +30% EOPCC +Specifications TOC +Alternative Evaluation Workshop +30% Design Review Workshop +60% design plans +60% EOPCC +Draft specifications +60% Design Review Workshop +Permit Applications +90% design plans +90% EOPCC +90% Design Review Workshop +Permit Package +100% design plans +100% EOPCC +City front-ends and specifications +Bid set plans +Bid specifications package +Final EOPCC Pre-bid materials Letter of recommendation to award +Formal RFI responses Shop drawing reviews Record drawings Site visit field reports Substantial +Completion and +Punch list Final Completion Permit closeoutPRELiMiNARYPERMiT APPLiCATiONSDETAiL PLANSPERMiT APPROVALCONSTRUCTiON DOCUMENTS103WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419137 754 Developing a comprehensive traffic management plan to minimize disruptions during construction. Traffic Control Plan The most effective traffic control plan (TCP) is one that minimizes interaction between the public and the construction activities, minimizes traffic shifts, and promotes safety above all. For this project, our team will give consideration not only to maintaining vehicular traffic, but also to maintaining a safe route for pedestrians and bicyclists. Due to the nature of this project, we will pay particular attention to maintaining access to all properties throughout construction and minimizing the duration of construction operations. To achieve this, we will develop a TCP that allows for construction to occur in as few phases as possible and minimize our footprint and presence in the area as much as possible. Our TCP will provide pedestrian detours and signage as required during any sidewalk construction and address any partial or temporary road closures. We are aware of the impacts that a project of this magnitude can have on the surrounding public so it will be essential to keep the public informed of construction operations by providing advance warnings and notifications. A comprehensive Site Safety Plan will be required from the contractor, which will be available in the field offices and job sites, and will be utilized to indicate OSHA work requirements, emergency contact numbers and safety information. This plan will be continuously monitored during construction and pedestrian and vehicular traffic control plan will be inspected regularly to maintain safety compliance. Similarly, our project will require the contractor to develop, implement and maintain a Stormwater Pollution Prevention Plan (SWPPP), to install pollution control devices and to comply with the National Pollutant Discharge Elimination System (NPDES) as dictated by the United States Environmental Protection Agency (EPA), and will be monitored daily during construction, to verify that the contractor is maintaining all required mechanisms to avoid environmental impacts during construction, and maintain our quality levels of nutrients in the adjacent bodies of water, such as the intracoastal waterway, and also the ground water. Application of quality control procedures, best practices and design standards. At Wade Trim, we understand the importance of quality deliverables for every project. We are committed to delivering high-quality design and construction deliverables that aim to exceed client expectations and meet industry standards of care and are supported by our diligence to adhere to a Quality Plan that embraces proven quality review procedures. Wade Trim recognizes the importance of the accuracy, competency, and completeness of services and deliverables. Our clients and the public expect quality solutions. Wade Trim’s service perspective is anchored in our core values to drive our comprehensive quality efforts: Client Focus, Accountability, Safety, and Professional Ethics. Our project teams are skilled in maintaining a focus on our clients that pushes us to create technically correct and accurate solutions. These solutions meet or exceed our clients’ expectations. We hold ourselves accountable for the technical components and appropriateness of our solutions. We recognize that our work on infrastructure directly affects public health, safety, and welfare in many cases. As an organization of professionals, we approach our work with integrity, respect, and truthfulness. Exhibit 13 on the following page shows each step of the quality review process. Coordinating with external utility companies to relocate or adjust any utilities that might be affected by the Project. Once the design is defined, our engineers can contact utility owners and discuss any potential relocations required by the proposed improvement. Our Team will schedule, coordinate and track utility meetings to document all relocation requirements. Being able to identify 104WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 138 755 this early on, is key to avoiding scheduling impacts from utility conflicts in our projects. We will carefully consider any utility relocations required within a specific area to avoid repetitious disruption during the main-line work, and will require restoration operations to commence as soon as practicably possible following the completion of a segment of work. This includes the replacement of curbing, grassing, landscaping and paving (temporary as necessary) as required by local jurisdictions and as necessary to protect the traveling public with minimal disruption to local businesses and other utility interests. 6 Cost Estimation & Timeline Preparing detailed cost estimates at each phase of design. A probable cost estimate will be prepared at each phase of the project and applicable contingency percentages will be applied based on level of design completion. Market prices will be reviewed and analyzed from similar project contractor bids, manufacturer’s pricing, FDOT historical average cost, and other resources. Considering construction costs, utility relocations, and ongoing maintenance. The project cost estimates will account for pay items for all components of the project, long lead products, utility relocations, police officer presence, and contingency items. Strategies to meet schedule and budget requirements without compromising quality, considering both design and construction phases; provide a preliminary schedule for the design, permitting, construction procurement, and construction phases Wade Trim will utilize project control documentation and tools to manage the project cost, schedule, and project documents to meet the City’s requirements. One tool includes development and monitoring of a detailed design schedule using Microsoft Project or Primavera P6. In combination with the schedule, we will implement engineering budget management tools, including Earned Value monitoring to track our progress against the plan activities. We will also prepare a quality plan per Wade Trim’s established quality assurance and quality control process to review documents for design and constructability throughout each project milestone. Another tool utilized is Bluebeam for document review and markups. All of these tools allow us to keep the City informed of progress and immediately identify and develop mitigation plans for any schedule or budget challenges, as shown in Exhibit 14 on the following page. EXHIBIT 13 LEVELS OF QUALITY REVIEWS Wade Trim’s core values drive our quality initiatives: Client Focus Accountability Safety Professional Ethics LEVEL 1 DiSCiPLiNE/PEER REViEW Confirms technical accuracy and completeness, and ensures intended concepts are clearly presented LEVEL 2 TASK LEAD REViEW Confirms completion of discipline/peer review and work products are consistent with client requirements LEVEL 3 iNDEPENDENT QC REViEW Confirms completion of task lead review and conducts an overall concept and coordination review IIMMPPAACCTT OONN QQUUAALLIITTYY1 LEVEL 2 LEVEL 3 LEVEL 105WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 139 756 7 Permitting and Regulatory Compliance Introduction The Wade Trim Team has a long history in SE Florida, meaning that we know the regulations, conditions, constraints, permitting and construction issues related to infrastructure improvement projects such as roadway, stormwater management, sanitary sewer and water related projects in highly urbanized areas. This experience not only gives our team knowledge but also allows our team to build professional relationships with the appropriate local agencies and stakeholders that allow us to keep the work moving forward. Our experience working in SE Florida on capital improvement and construction management services has provided us with a deep understanding of local, state and federal regulations, including zoning, environmental and safety standards. Therefore, permits are an important and essential component of this project. Our Team will develop a Permit Plan identifying the permits required from local, state, and federal agencies for the design, construction and operation of this project, including each permit agency jurisdiction, action(s) that would trigger each permit, the approximate time frame required to obtain each permit, and the approach to obtain required approvals and authorizations from regulatory agencies. Our Environmental and Permitting Team members will integrate into the Design Team working as a partner and assessing the environmental conditions and permitting or regulatory consultations with the City and permitting agencies. Our project staff will review available project documents and update environmental concerns or critical issues before preparation for permit applications begins. Overall, the permit approach will be focused on proper coordination with the City, Design Team and stakeholders, and preparing complete permit applications in a manner to facilitate agencies’ review, minimize the request for additional information and meet agencies’ expectation for timely approvals. Ensuring the design complies with local, state, and federal regulations, including zoning, environmental, and safety standards. EXHIBIT 14 Managing Schedule and Budget 01 A properly scoped project ensured cost efficiency and sound management 02 A cost-to- complete analysis assists the team in evaluating performance and adherence to scope and schedule 03 A cost-to- complete analysis assists the team in evaluating performance and adherence to scope and schedule 04 Regular project progress and budget status communicate key metrics on work completed, upcoming work expected, and issues to be resolved 05 Responsibility for cost performance and project schedule rest with the project manager PLANNING PREPARATION MONITORING REPORTING SINGLE POINT OF RESPONSIBILITY Continuous and Proactive Approach to Manage Schedule and Budget 106WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 140 757 Here at Wade Trim, we believe the proactive approach is the best approach. We take this philosophy seriously and implement it in our permitting process with our sub-consultants and project team. We understand permitting is a critical element of every project, and each project brings its own unique permitting challenges. Therefore, although permitting is required to be obtained once the design has reached its completion, or once it is substantially complete, our approach has always been to address permitting early on in the design stage, by contacting permitting agencies as early as 60% design, engaging them, and making them part of the design process. During these early stages of design our Team develops a permitting Memo, which is a roadmap of the permitting process. The Memo is developed by our experienced staff, listing all required permits for the specific project. Then, we contact permitting agencies and verify the drafted roadmap is accurate and comprehensive. The permitting memo not only lists the anticipated permits, but also includes contact person, contact information, expected fees and expected duration of review. It will also include any requirements for the submittal, such as number of copies, prior permits approvals, or plans approvals. As our design progresses, our Team schedules and conducts pre-application meetings and informal calls, and updates to the permitting Memo as needed. After all internal review comments are addressed and pre-application meetings are held with regulatory agencies, the permit application packages are submitted for review and approval. This process minimizes unnecessary changes and comments from the regulatory agencies. Through this process, our Team is able to identify potential schedule impacts and address specific situations early on, minimizing or eliminating potential setbacks through design mitigation. The Wade Trim Team will undertake the responsibility of obtaining all necessary approvals and final environmental and building permits required for the project. This process will involve close coordination with various entities, including The City of Boynton Beach, Palm Beach County, and other state and federal agencies such as the Florida Department of Environmental Protection, South Florida Water Management District, as well as federal agencies, such as the Army Corps of engineers, as applicable to the project. Our team will verify that all the required permits are acquired and properly incorporated into construction documents, adhering to the regulatory requirements and guidelines set forth by the respective authorities. This comprehensive approach will facilitate a smooth and compliant permitting process for the project. Assisting with permitting the Project through all the necessary regulatory agencies. Our Team’s experience obtaining permits, will reduce schedule setbacks on the project. We maintain communication with applicable agencies throughout the design and permitting process to mitigate such instances. We understand the importance of building positive relationships with regulatory agencies, which can expedite the permitting process and facilitate smoother project execution. During the permitting process, we develop a permit tracking matrix, which is helpful in providing stakeholders an easy one-stop snapshot of the permitting process. This matrix includes permit name, numbers, and expiration date. The expiration date is extremely important, as our Team not only obtains the permit but also tracks them during procurement and construction, and will notify the City when any permit is nearing expiration in order to initiate the renewal process to avoid costly and time consuming extensions or re-permitting. Thanks to our knowledge and experience, and through our thorough approach to regulatory permitting, we aim for all project activities to be compliant with legal requirements, thus minimizing risks and avoiding potential project delays. Our team has a permitting risks and mitigation plan strategy in place as described on Table 4 on the following page. 107WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 141 758 TABLE 4 PERMITTING RISKS AND MITIGATION STRATEGY RISK REASON OF RISK MITIGATION STRATEGY DESIGN PHASE Delay in project schedule •Additional design requirements •Additional information and calculations required by agencies during permitting process •Multiple RAIs due to misunderstanding by agency reviewer(s) •Longer schedule means potential longer reliance and cost associated to ground water withdrawal and utilization of desali- nization plant •Coordinate early, frequent, and continuously with agencies; maintain constant communication with agencies and Design Team •Conduct meetings with agencies prior or at 60%,90% and 100% design •Conduct “Pre” and “Post” RAI response meetings as neces- sary to facilitate agency review and obtain permit approval in a prompt manner Complexity of team coordination •Coordination, communication, and inte- gration of multiple disciplines to obtain required information for permitting (Differ- ent levels of expertise and background) •Update Permitting Tracking Table periodically as necessary to ensure compliance •Engage high quality and experienced personnel •Maintain proper coordination among project team •Inform periodically the Design Team about permit require- ments and information required from each discipline •Conduct progress meetings to discuss project issues and tasks Sensitive Natural Resources, and Wildlife Protection •Potential presence of in-water protected species or natural resources that could affect design •Conduct detailed field surveys (eg, seagrass surveys) as per FWC, USFWS, NMFS and FDEP requirements during early design stage •Integrate field results into design analysis to avoid and minimize impacts Multiple Permits involving Federal, State, County and City •Multiple permits conditions and design requirements •Utilize Permitting Tracking Table as a tracking tool for permit compliance; review, revise and update Permitting Tracking Table as needed to update project design •Develop general/special conditions check list in order to ensure compliance with applicable permits 108WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 4 | OFFEROR’S QUALIFICATIONS 142 759 SECTION 5WILLINGNESS TO MEET BUDGET AND TIMELINE REQUIREMENTS 143 760 WILLINGNESS TO MEET BUDGET AND TIMELINE We confirm that we are willing to meet the specified time and budget requirements for this project. The total project budget is $19,765,302.00, with funding sources including $3,265,302 from the City Fund and $16,500,000 from the Federal Department of Economic Opportunity CDBG-MIT. We are committed to making sure that all project objectives are achieved within these financial parameters. Schedule and Budget Management Control Our approach to budget and schedule control management is rooted in a disciplined project management philosophy, organized around four key phases, as shown in Exhibit 4: initiation, planning, execution and monitoring, and close-out. At the outset, we work closely with our clients to define project goals, objectives, scope, risks, issues, budget, schedule, and approach, making sure all stakeholders are aligned and expectations are clear. During the planning phase, we develop a comprehensive project management plan (PMP) that serves as the foundation for successful delivery. We use industry-standard tools such as Microsoft Project and Primavera P6 to create and monitor detailed project schedules. For budget management, we implement earned value management techniques and utilize BST Global Business software, which allows us to map and track project effort, billing, and financial controls in real time. Throughout execution and monitoring, we provide regular status reports, track progress against the plan, and conduct weekly schedule reviews to identify and address any potential issues early. Our project managers have direct access to daily project status reports, enabling proactive decision-making and corrective actions when needed to maintain project budgets and schedules. We recognize that each project is unique, with delivery times varying based on size, scope, and complexity. Our team works collaboratively with clients, permitting agencies, and funding partners to develop realistic schedules that account for all requirements and constraints. We make sure to maintain open communication, providing weekly and monthly reporting as requested, and adjust our approach as necessary to deliver quality results within the desired timeframe and budget. By making sure that our project controls are robust and our communication is transparent, we consistently deliver projects on time and within budget, supporting our clients’ goals and building lasting partnerships. CLOSE-OUT EXECUTiON & MONiTORiNG PLANNiNG PHASE Our project management process has consistently supported our clients’ goals and will continue to guide successful delivery of future tasks under this project. EXHIBIT 4 Core Project Management Process iNiTiATiON PHASE Defines project goals and objectives Creates Project Management Plan Prepares deliverables and submits progress reports Confirms all project goals and objectives have been met 110WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 5 144 761 SECTION 6LOCATION 145 762 Wade Trim currently has 4 office locations in Florida. To efficiently serve the City of Boynton Beach, services will be provided from our Miami office. Collectively, the Wade Trim/BCC Team has close to 1,088 professionals nationally to support the City on this contract. This depth of local resources will allow us to deliver high-quality projects on schedule and within budget. While our workload is steady, we have adequate capacity to take on additional work. Exhibit 5 below identifies our Team’s Florida offices and number of staff. LOCATION WADE TRiM/BCC LOCAL AND FLORiDA OFFiCES Orlando City Landmark Center Two, 225 E. Robinson Street, Suite 210 Orlando, FL 32801 Palm Bay 3790 Dixie Highway NE, Suite DPalm Bay, FL 32905 Miami 2100 Ponce de Leon Boulevard, Suite 940Coral Gables, FL 33134 BCC Engineering 6401 SW 87th Avenue Suite 200 Miami, FL 33173 Tampa Bay One Tampa City Center 201 N. Franklin Street, Suite 1350 Tampa, FL 33602 EXHIBIT 5 OUR TEAM’S NATIONAL RESOURCES1,088 EMPLOYEES 112WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 6 146 763 SECTION 7FINANCIAL INFORMATION 147 764 Financial Stability Wade Trim possesses the resources required to complete the project as evidenced by its significant work force (700+ employees). Total annual revenue amounted to $163M million in 2024. The company has a long-standing relationship (since inception) with its financial institution (Comerica Bank), where it holds a revolving line of credit with $10 million in availability. Although available, the company typically maintains a healthy cash balance and does not regularly access the line. Bank reference information is available upon request. Our financial strength allows us to make sure we have the resources necessary to deliver projects reliably and efficiently for our clients. Financial Statement Please find a copy of our latest audited financial statements in the Appendix. FINANCIAL INFORMATION 114WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 7 148 765 SECTION 8CURRENT AND PROJECTED WORKLOAD 149 766 We have a robust workload management system that allows us to balance current commitments while maintaining the flexibility to take on new projects. Our team is composed of more than 700 professionals nationwide, with a strong local presence in key markets. We make sure that our key staff and back-up resources are available to meet contract requirements and can quickly mobilize to initiate new assignments. Our workload consists of both fixed-scope projects and ongoing service contracts, which we manage using resource-loaded schedules, close coordination, and weekly management calls. This approach allows us to efficiently allocate resources and make sure project tasks are completed on schedule. We regularly review our project commitments and resource allocations to make sure we have ample capacity to deliver high-quality work on time and within budget. Our depth of staff and proactive management practices make sure we can support both current and future projects without compromising service or quality. Wade Trim has conducted a thorough analysis of our proposed team’s key staff and their current committed assignments to present their availability. Based on this analysis, our team’s management and technical staff have the availability and readiness to perform the Engineering Design and Environmental Review Services – San Castle Grant Funded Project for the City of Boynton Beach. We understand the complexity level of this project, and our assigned Project Manager, Shari Ramirez, PE, will be fully committed to this project from day one. CURRENT AND PROJECTED WORKLOAD KEY TEAM MEMBER / ROLE NUMBER OF PROJECTS HANDLED TYPICALLY AT ANY GIVEN TIME CURRENT WORK REMAINING LABOR COMMITMENTS PROJECTED WORKLOAD (AVAILABILITY %) OF PROJECT MANAGEMENT ACTIVITIES EXPECTED Shari Ramirez, PE / Project Manager/Water Mains 12 4 3 42% David Mullen, PE / Design Manager 12 5 2 42% Tom Brzezinski, PE / Principal-in-Charge 12 8 4 30% Freddy Betancourt, PE / QA/QC and Technical Advisor 8 4 1 38% Gary Prenger, PE / QA/QC and Technical Advisor 12 8 1 30% Salome Montoya, PE / Utilities Pipeline Lead 8 3 1 50% Jim Gunther, PE / Construction Engineering Lead 8 3 2 38% AJ Gutz, PE / Stormwater Hydraulic Modeling 8 3 2 38% Sam Graybill, PE / Conveyance Pipe Design 12 8 1 25% Mike Demko, PE / Pump Stations 16 9 3 25% Lindsey Scott, PE / Sanitary Force Main 8 3 1 50% Oscar Duarte, PE / Gravity Sewer 16 10 2 25% Rob Dickson / Constructability 12 4 2 50% Victor Herrera, PE / QA/QC and Technical Advisor 20 9 4 35% Carlos Morales, PE / Harmonization 20 7 9 20% Andrew List, PE / Roadway Design 20 7 6 35% Lazaro Ferrero, PE / Stormwater Drainage 20 9 6 25% EXHIBIT 6 Current/Projected/Availability Percentages 116WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 8 150 767 Exhibit 6 on the previous page summarizes our current workload, typical number of projects handled by each of our project managers at any given time, current work, remaining labor commitments, and projected workload of project management activities. Exhibit 7 below summarizies our key staff’s availability percentages. 4 2% DAViD MULLEN, PE Design Manager, Stormwater Pumping, Conveyance Lead 3 8% FREDDY BETANCOURT, PE QA/QC Technical Advisor 5 0% SALOME MONTOYA, PE Utilities Pipeline Lead 3 0% TOM BRZEZiNSKi, PE Principal-in-Charge 4 2% SHARi RAMiREZ, PE, ENV SP, TTCP Project Manager, Water Mains 3 8% JiM GUNTHER, PE Construction Engineering Lead 3 5% ANDREW LiST, PE Roadway Design Lead 3 5% ViCTOR HERRERA, PE QA/QC Technical Advisor AVAILABILITY PERCENTAGE EXHIBIT 7 Key Personnel & Roles and Their Respective Availability Percentages 117WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 8 | CURRENT AND PROJECTED WORKLOAD 151 768 SECTION 9REFERENCES 152 769 REFERENCES What our clients are saying about us... i, Adrian Reid, Project Manager for Quality Enterprises USA, inc. (QE) hereby confirm the 41st Street Water Main Replacement Project was substantially completed 2 months ahead of schedule with the goal on meeting the deadline requested by FDOT for the critical 41st St Bridge Rehabilitation project to take place. ADRIAN REID, PROJECT MANAGER, QE QUALITY ENTERPRISES (CONTRACTOR) it is my privilege to write this letter in strong support of the City of Miami Beach’s nomination for the American Public Works Association (APWA) South Florida Chapter Award for the 41st Street Water Main Replacement Project. As Mayor of the City of Miami Beach and a neighbor who lives just across the street from this project, i have personally witnessed its significant impact on our community. This initiative has strengthened our water infrastructure, ensuring long-term sustainability and reliability while exemplifying innovation, environmental protection, and public safety. STEVEN MEINER, MAYOR, CITY OF MIAMI BEACH The projects presented on Table 5 were selected for their similarity in size, scope, and complexity, and were completed within the past 10 years. The same team members who worked on these projects will also be assigned to your project. Project profiles of these projects are included in the following pages. PROJECT NAME DELIVERY METHOD COST DATE OF PERFORMANCE NEW STORMWATER CONVEYANCE SYSTEM STORMWATER PUMP STATION FORCE MAINS ROAD RESTO- RATION FGUA: American Beach Water and Sewer Improvements DBB $9M (construction)2020-2024 Brevard County: SOIRL Septic to Sewer (Zones N, M, T)DBB $32�9M (construction)2020-2026 City of Miami Beach: Sunset Harbour Neighborhood Improvements DB $26M (construction)2014-2022 North Bay Village Stormwater Design Management Support DBB $944,431 (design), but helping the Village manage their $60M Storm- water Bond Program 2019-Ongoing TABLE 5. Project References 41st St. Water Main Replacement 2024 Project of the Year Award 119WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 9 153 770 Relevance to this project +Water Mains / Sanitary Sewer Design +Stormwater Hydraulic Modeling +Roadway Restoration +SRF Loans +Permitting CLiENT FGUA CLiENT CONTACT Teresa Irby-Butler, P�E�, CGC, ENV SP Capital Project Manager 407-629-6900 x 106 office Tirbybutler@govmserv�com FiRM NAME | ROLE Wade Trim / Prime YEAR COMPLETED 2022 (design) / 2025 (construction) SAViNGS ACHiEVED On budget TOTAL AMOUNT OF APPROVED CHANGE ORDERS 0 PRESENT STATUS OF THE PROJECT Complete FGUA American Beach Water and Sewer Improvements Safe and reliable water and sanitary sewer systems are being constructed for the small community of American Beach on Amelia Island. After more than two decades of effort, potable water and centralized sewer are serving American Beach, a historic African-American coastal community on Amelia Island in Nassau County, FL. An infrastructure renewal project was led by the Florida Governmental Utility Authority (FGUA) through an interlocal agreement with the County. Private wells and septic tanks serving residential and commercial properties were replaced to provide a safe and reliable water and sanitary sewer system and fire protection, improve community health and welfare, and promote economic growth in the area. To minimize financial impacts on this low-income community, Wade Trim assisted FGUA in obtaining State Revolving Fund (SRF) loans from the Florida Department of Environmental Protection (FDEP). Initial efforts included conducting a preliminary environmental assessment, determining existing and future land use, developing future flow rates and peaking factors, preparing conceptual alignments and a route study to co-locate two pipelines through the corridor, and supporting many public presentations to residents and County officials. Due to limited availability of funding in 2021, the project was designed and permitted in 3.5 months to help FGUA obtain two SRF loans totaling $8.6 million for construction, which included partial principal forgiveness. The entire project was completed at no cost to residents. The design includes 18,480 LF of potable water mains and fire flow ranging from 2- to 6-inches, 16,312 LF of 8-inch gravity sewer, 2,186 LF of 4-inch force main, and two new wastewater pumping stations that can handle 79,250 gallons per day. A total of 311 water and sanitary sewer connections were incorporated in the design. Wade Trim assisted in property acquisition efforts to locate the new utilities. Ultimately, 233 residents transitioned from septic systems to centralized gravity sewer, Complete resurfacing of all roadways in the American Beach community was also completed. 120WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 9 | PROJECT PROFILES 154 771 Relevance to this project +Water Mains / Sanitary Sewer Design +Stormwater Hydraulic Modeling +Roadway Restoration CLiENT Brevard County CLiENT CONTACT Lucas Siegfried, PE Brevard County 321�633�2089 lucas�siegfried@brevardfl�gov FiRM NAME | ROLE Wade Trim / Prime YEAR COMPLETED Design 2024, Construction 2026 SAViNGS ACHiEVED N/A TOTAL AMOUNT OF APPROVED CHANGE ORDERS Design: $75,000 / Construction: $0 PRESENT STATUS OF THE PROJECT Ongoing Brevard County SOIRL Septic to Sewer (Zones N, M, T) Wade Trim designed and permitted a vacuum collection system for approximately 85 residential homes. It included the design of vacuum mains, a vacuum pump station, and a force main to connect it to the County’s existing WW conveyance system. The Indian River Lagoon is a unique and diverse ecosystem spanning Brevard County and four other adjacent counties, providing economic and environmental benefits to local residents and businesses. However, failing septic systems have led to declining water quality, prompting Brevard County and the Save Our Indian River Lagoon (SOIRL) Initiative to identify targeted septic system “Zones” for conversion to centralized sanitary sewer systems. Wade Trim was engaged to develop a master plan for phasing 10 zones over the program schedule while ensuring adherence to the County’s funding constraints. As part of this effort, Wade Trim worked closely with County officials to prioritize zones, determine the appropriate collection system technologies, and phase implementation for cost efficiency and environmental impact reduction. Following the master plan, Wade Trim initiated the design of the 10 identified zones, along with three additional zones assigned under a separate contract. These designs incorporated a mix of vacuum, gravity, low-pressure, and hybrid sewer systems, depending on site conditions and County objectives. To streamline implementation, priority was given to siting vacuum pump stations (VPS) on County-owned properties, while Wade Trim provided land acquisition assistance when additional property was required. To optimize cost efficiency and attract competitive bids, smaller projects were strategically bundled, grouping zones with similar collection system technologies. In certain instances, zone boundaries were adjusted during the design phase to maximize grant funding opportunities, allowing for the inclusion of additional properties that provided higher nitrogen reduction, increasing eligibility for external funding. 121WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 9 | PROJECT PROFILES 155 772 Relevance to this project +Road Elevation +Stormwater Pump Stations +Water mains CLiENT City of Miami Beach CLiENT CONTACT David Gomez 305�673�7071 davidgomez@miamibeachfl�gov FiRM NAME | ROLE Wade Trim / Prime YEAR COMPLETED 2024 SAViNGS ACHiEVED N/A TOTAL AMOUNT OF APPROVED CHANGE ORDERS $1,433,683�91 PRESENT STATUS OF THE PROJECT Completed City of Miami Beach Sunset Harbour Neighborhood Improvements The project became the first in the City, and possibly the nation, to combat sea level rise by raising the neighborhood infrastructure. To improve stormwater management during heavy rainfalls, the City significantly increased the design tailwater elevation for all stormwater projects. In the Sunset Harbour neighborhood, two pump stations built to convey stormwater to nearby injection wells were no longer effective. Wade Trim designed upgrades for the existing pump stations and designed a third pump station under a design-build contract. Water quality vortex structures were added to the existing pump stations, the injection wells were decommissioned, and the discharges were re-piped to upsized outfall structures. Control panels were elevated 2 feet above the flood elevation. The new, pre-cast concrete pump station was designed to the new standards. It has a trash rack, a wet well, and pollution control structures. Two submersible pumps were provided with a capacity of 7,000 GPM each. Water quality treatment structures and a gravity bypass with Tideflex valves were incorporated into the design. This was the first project in the City to combat sea level rise by raising the neighborhood infrastructure. The elevated roadway design created challenges where commercial building finish floor elevations remained 2 to 3 feet below the crown of the road elevation. Each property required an individual harmonization solution to maintain ADA-compliant access to the buildings. 122WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 9 | PROJECT PROFILES 156 773 Relevance to this project +Stormwater Master Plan +Grant Management CLiENT North Bay Village CLiENT CONTACT Frank Rollason, Village Manager, 305�756�7171, M 305�299�7300 VillageManager@nbvillage�com FiRM NAME | ROLE BCC / Prime YEAR COMPLETED Ongoing SAViNGS ACHiEVED N/A TOTAL AMOUNT OF APPROVED CHANGE ORDERS N/A PRESENT STATUS OF THE PROJECT This is a task work order for BCC’s Con- tinuing Services Contract� The support is ongoing North Bay Village, FL North Bay Village Stormwater Design Management Support BCC developed the Village’s Stormwater Master Plan for the phased implementation of critical infrastructure improvements. The project encompasses design management and grant support services for the Village of North Bay Village’s (NBV) multi-million-dollar Stormwater Bond Program. Building on the foundation of the Village’s Stormwater Master Plan—developed by BCC—this initiative focuses on the phased implementation of critical infrastructure improvements to address flooding, sea level rise, and long-term community resilience. As the authors of the Master Plan, BCC brings in-depth knowledge of the Village’s stormwater challenges and priorities. Our team manages and coordinates the release of stormwater design projects according to the Plan’s prioritized infrastructure improvement list. This includes overseeing scopes of work, design schedules, permitting strategies, and multidisciplinary coordination to ensure timely and effective project delivery. In parallel, BCC supports the Village with ongoing grant management assistance related to stormwater, planning, and construction projects. Our services include aiding in grant pursuits, ensuring compliance with funding requirements, and maintaining documentation and reporting throughout the grant lifecycle. BCC has provided continued support for the Village’s participation in the Florida Resiliency Grant Program and other key state and federal funding opportunities focused on stormwater and coastal resilience. 123WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 9 | PROJECT PROFILES 157 774 SECTION 10GENERAL INFORMATION AND PROCUREMENT FORMS & DOCUMENTS 158 775 GENERAL INFORMATION & FORMS |Procurement Forms (attached) |Exhibits A-F - Federal Grant Provision - Notarized Required (attached) |Company, Occupational, and Individual Licenses (below) |Exceptions to the Specifications Company Licenses 125WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 159 776 |Wade Trim Individual Licenses Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES RAMIREZ, SHARI J. Do not alter this document in any form. 10970 SW 142 LANE LICENSE NUMBER: PE73078 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33176 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES BRZEZINSKI, THOMAS SCOTT Do not alter this document in any form. 11945 WANDSWORTH DRIVE LICENSE NUMBER: PE63602 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. TAMPA FL 33626 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES MULLEN, DAVID CHRISTOPHER Do not alter this document in any form. 42 GUMBO LIMBO AVENUE LICENSE NUMBER: PE84384 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. KEY LARGO FL 33037 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES BETANCOURT, FREDDY JOSE Do not alter this document in any form. 201 GENTLE BREEZE LN LICENSE NUMBER: PE68072 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. WINTER SPRINGS FL 32708 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES GUTZ, ALFRED JOHN Do not alter this document in any form. 111 BROOKFIELD RD LICENSE NUMBER: PE65003 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. AVON LAKE OH 44012 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES GRAYBILL, SAMANTHA CIMINELLO Do not alter this document in any form. 15101 ELMCREST STREET LICENSE NUMBER: PE81326 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. ODESSA FL 33556 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 126WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 160 777 Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES DEMKO, MICHAEL STEPHEN Do not alter this document in any form. 3790 DIXIE HIGHWAY NE LICENSE NUMBER: PE60454 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. SUITE D PALM BAY FL 32905 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES GUNTHER, JAMES PHILLIP Do not alter this document in any form. 201 N. FRANKLIN STREET, SUITE 1350 LICENSE NUMBER: PE45231 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. TAMPA FL 33602 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES BOHMANN, LINDSEY MARIE Do not alter this document in any form. 427 21ST AVE NORTH LICENSE NUMBER: PE93130 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. ST. PETERSBURG FL 33704 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES DUARTE, OSCAR EMILIO Do not alter this document in any form. 3790 DIXIE HIGHWAY NE LICENSE NUMBER: PE60580 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. SUITE D PALM BAY FL 32905 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 127WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS HOME CONTACT US MY ACCOUNT T H E O F F I C I A L S I T E O F T H E F L O R I D A D E PA R T M E N T O F B U S I N E S S & P R O F E S S I O N A L R E G U L AT I O N ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search LICENSEE DETAILS 10:36:40 AM 5/21/2025 Licensee Information Name:PRENGER, GARY J. (Primary Name) Main Address:10313 TIPPERARY DR PLAIN CITY Ohio 43064 County:OUT OF STATE License Information License Type:Professional Engineer Rank:Prof Engineer License Number:78934 Status:Current,Active Licensure Date:03/26/2015 Expires:02/28/2027 Special Qualifications Qualification Effective Electrical & Computer 03/26/2015 Alternate Names View Related License Information View License Complaint HOME CONTACT US MY ACCOUNT T H E O F F I C I A L S I T E O F T H E F L O R I D A D E PA R T M E N T O F B U S I N E S S & P R O F E S S I O N A L R E G U L AT I O N ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search LICENSEE DETAILS 10:40:30 AM 5/21/2025 Licensee Information Name:SCOTT, KYLE (Primary Name) Main Address:5745 PORT CONCORDE LANE ORLANDO Florida 32829 County:ORANGE License Information License Type:Professional Engineer Rank:Prof Engineer License Number:87854 Status:Current,Active Licensure Date:07/31/2019 Expires:02/28/2027 Special Qualifications Qualification Effective Civil 12/12/2018 Alternate Names View Related License Information View License Complaint 161 778 128WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES MONTOYA, SALOME Do not alter this document in any form. 401 NW 105 ST. LICENSE NUMBER: PE95079 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33150 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES VECCHIO, ANTHONY Do not alter this document in any form. 7233 BOWSPIRIT PL LICENSE NUMBER: PE94615 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. APOLLO BEACH FL 33572 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HOME CONTACT US MY ACCOUNT T H E O F F I C I A L S I T E O F T H E F L O R I D A D E PA R T M E N T O F B U S I N E S S & P R O F E S S I O N A L R E G U L AT I O N ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search LICENSEE DETAILS 3:12:49 PM 5/21/2025 Licensee Information Name:WHITE, JAMES KEVIN (Primary Name) Main Address:6420 HILLTOP LANE MAUMEE Ohio 48167 License Information License Type:Professional Engineer Rank:Prof Engineer License Number:71068 Status:Current,Active Licensure Date:03/08/2010 Expires:02/28/2027 Special Qualifications Qualification Effective Structural 1 03/08/2010 7th Edition, Florida Building Code 07/28/2021 Alternate Names View Related License Information View License Complaint 162 779 |Wade Trim Certificate of Insurance 129WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 163 780 |BCC HOME CONTACT US MY ACCOUNT T H E O F F I C I A L S I T E O F T H E F L O R I D A D E PA R T M E N T O F B U S I N E S S & P R O F E S S I O N A L R E G U L AT I O N ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search LICENSEE DETAILS 2:19:02 PM 5/11/2022 Licensee Information Name:BCC ENGINEERING, LLC (Primary Name) Main Address:6401 SW 87TH AVENUE SUITE 200 MIAMI Florida 33173 County:DADE License Information License Type:Registry Rank:Registry License Number:7184 Status:Current Licensure Date:04/28/1995 Expires: Special Qualifications Qualification Effective Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. 130WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 164 781 State of Florida Department of State I certify from the records of this office that BCC ENGINEERING,LLC is a limited liability company organized under the laws of the State of Florida,filed on May 8, 2019,effective March 15, 1994. The document number of this limited liability company is L19000118381. I further certify that said limited liability company has paid all fees due this office through December 31, 2025,that its most recent annual report was filed on January 14, 2025,and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital, this the Fourteenth day of January, 2025 Tracking Number: 7801804669CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 131WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 165 782 |BCC Individual Licenses Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES LIST, ANDREW JAMES Do not alter this document in any form. 9205 SW 181 TERRACE LICENSE NUMBER: PE87190 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33157 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES MENDEZ, HENDRIC Do not alter this document in any form. 16294 SW 95TH LANE LICENSE NUMBER: PE85282 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33196 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES FERRERO, LAZARO Do not alter this document in any form. 9861 SW 2ND STREET LICENSE NUMBER: PE58025 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33174 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES COORE-VICKERS, KERI-ANN CAROL Do not alter this document in any form. 6401 SW 87TH AVE LICENSE NUMBER: PE87383 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. STE 200 MIAMI FL 33173 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES OLIVA, OSCAR Do not alter this document in any form. 9560 SW 40 TERR LICENSE NUMBER: PE75502 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33165 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES VALLE, JEAN PIERRE Do not alter this document in any form. 5255 HARBORSIDE DR LICENSE NUMBER: PE99390 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. TAMPA FL 33615 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 132WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 166 783 Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES QUINTANA, DACHA Do not alter this document in any form. 14370 SW 149TH LN LICENSE NUMBER: PE67393 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. MIAMI FL 33175 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION |Avirom Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES RODRIGUEZ, JEAN PABLO Do not alter this document in any form. 6401 SW 87TH AVENUE LICENSE NUMBER: PE98401 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. 200 MIAMI FL 33173 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 133WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 167 784 |EDA HOME CONTACT US MY ACCOUNT T H E O F F I C I A L S I T E O F T H E F L O R I D A D E PA R T M E N T O F B U S I N E S S & P R O F E S S I O N A L R E G U L AT I O N ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search LICENSEE DETAILS 4:50:42 PM 3/11/2025 Licensee Information Name:ELECTRICAL DESIGN ASSOCIATES, INC. (Primary Name) Main Address:7284 WEST PALMETTO PARK ROAD SUITE 302-S BOCA RATON Florida 33433 County:PALM BEACH License Information License Type:Engineering Business Registry Rank:Registry License Number:8079 Status:Current Licensure Date:11/23/1998 Expires: Special Qualifications Qualification Effective Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright ©2023 Department of Business and Professional Regulation - State of Florida. PrivacyStatement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, donot send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. mustprovide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an emailaddress which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES DONALDSON, DAMEION Do not alter this document in any form. 9295 SOLSTICE CIRCLE LICENSE NUMBER: PE70851 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. PARKLAND FL 33076 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 134WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 168 785 |Inframap 135WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 169 786 |McFarland Johnson | South Florida Engineering Services Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES CUTLER, AARON ISRAEL Do not alter this document in any form. SOUTH FLORIDA ENGINEERING SERVICES INC. LICENSE NUMBER: CGC1520812 EXPIRATION DATE: AUGUST 31, 2026 This is your license. It is unlawful for anyone other than the licensee to use this document. 1224 HAYWAGON TRAIL LOXAHATCHEE FL 33470 Always verify licenses online at MyFloridaLicense.com ISSUED: 07/23/2024 136WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 170 787 |Terracon Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES NULKAR, RUTUGANDHA H. Do not alter this document in any form. 3347 NW 55TH STREET LICENSE NUMBER: PE70625 EXPIRATION DATE: FEBRUARY 28, 2027 This is your license. It is unlawful for anyone other than the licensee to use this document. FORT LAUDERDALE FL 33309 Always verify licenses online at MyFloridaLicense.com DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION |Corrosion Control, Inc. 137WADE TRIM CITY OF BOYNTON BEACH | RFQ NO. PWE25-009 | ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES - SAN CASTLE25-0419SECTION 10 | GENERAL INFORMATION & FORMS 171 788 172 789 173 790 174 791 175 792 176 793 177 794 178 795 State of Florida Department of State I certify from the records of this office that WADE TRIM, INC. is a corporation organized under the laws of the State of Florida, filed on May 31, 1984, effective June 1, 1984. The document number of this corporation is H05938. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on February 1, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of February, 2025 Tracking Number: 1836955604CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 179 796 180 797 1/10/2024 181 798 182 799 PUBLIC ENTITY CRIMES Page 1 of 3 Section 287.132-133(3)(a), Florida Statutes, effective July 1, 1989 require that no public entity shall enter into a contract, award of bid, or transact business in excess of $10,000.00 with any person or affiliate who has been convicted of a public entity crime. Prior to entering into a sworn statement with the Purchasing Department on form 7088. A copy of the form is reproduced below. This completed form must be on file prior to the issuing of a Purchasing Order. Sworn Statement Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIER AUTHORIZED TO ADMINISTER OATHS. 1.This sworn statement is submitted with __________________________________________________ (Solicitation Number and Name) 2.This sworn statement is submitted by __________________________________ whose business address is _______________________________________________________ ________________________________________________________________ and (if applicable) it’s Federal Employer Identification No. (FEIN) is ___________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. 3.My name is ____________________________________________ and my relationship to the entity named above is ___________________________________________________. 4.I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity of with an agency or political subdivision of any other state or with the United States, including but not limited to, any bid or contract for goods or services to be provided t o any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5.I understand that “convicted or conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding or fault or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6.I understand that an “affiliate” as defined in Paragraph 287.133(1)(a). Florida Statutes, means: 183 800 PUBLIC ENTITY CRIMES Page 2 of 3 A.A predecessor or successor of a person convicted of a public entity crime; or B.An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7.I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8.Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which one of the two statements applies.) ___ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ___ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which of the three additional statement applies below.) ___ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order) ___ The person of affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate form the convicted vendor list. (Please attach a copy of the Final Order) ___ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services) 184 801 185 802 186 803 City of Boynton Beach Purchasing and Contracts Division 2 Federal Grant Requirements EXHIBIT “B” - CERTIFICATION FOR COMPLIANCE WITH CITY, COUNTY, STATE, FEDERAL LAWS, AND REGULATIONS I, agree to comply with all City, County, State, and Federal laws and regulations, including, but not limited to the following: CONFLICTS OF INTEREST Contractor covenants that no person who presently exercises any functions or responsibility on behalf of the City of Boynton Beach in connection with this agreement has any personal financial interests, direct or indirect, with the Contractor. Contractor further covenants that, in the performance of any contract, no person having such conflicting interest, shall be employed by the Contractor. Any conflict of interest attributable to the Contractor or its employees must be disclosed in writing to the City of Boynton Beach upon discovery. Contractor is aware of the conflict-of-interest laws of the State of Florida, particularly Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly, 24 CFR Part 570 § 570.611, and agrees to comply with all respects to those provisions fully. EQUAL OPPORTUNITY During the performance of this RFQ, the successful Contractor and its sub-Contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub-Contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub-Contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub-Contractors, if any, will be made aware of and will comply with this nondiscrimination clause. In the event local laws or ordinances governing equal opportunity apply as well, Contractor agrees to comply. DEBARMENT/SUSPENSION The Contractor certifies, by submission of this certification, that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. ZONING CODES AND BUILDING CODES 187 804 188 805 189 806 190 807 191 808 192 809 PROPOSER'S QUALIFICATION STATEMENT THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: Corporation Name: ______________________________________________ Partnership Address: ____________________________________________ Individual CITY, State, Zip: _______________________________________ Other Telephone No.: _______________________________________ Fax No.: ________________________ Email Address.: ______________________ 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: _____________________________________________________________ The address of the principal place of business is: _____________________________________________________________ _____________________________________________________________ 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: _________________________________________ b. State of Incorporation: _________________________________________ c. President's name: ____________________________________________ d. Vice President's name: ________________________________________ e. Secretary's name: ____________________________________________ f. Treasurer's name: ____________________________________________ g. Name and address of Resident Agent: ____________________________ 3. If Proposer is an individual or a partnership, answer the following: x Thomas Brzezinski 3790 Dixie Highway NE, Suite D Palm Bay, FL 32905 813-855-1615 tbrzezinski@wadetrim.com Wade Trim, Inc. (Florida) One Tampa City Center, 201 N Franklin St, Ste 1350 Tampa, FL 33602 6/1/2025 Florida Andrew McCune Timothy O'Rourke and David DiPietro Ralph Picano Ralph Picano Thomas Brzezinski One Tampa City Center 201 N Franklin St, Ste 1350Tampa, FL 33602 193 810 a. Date of organization: ________________ b. Name, address and ownership units of all partners: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ c. State whether general or limited partnership: ________________________ 4. If Proposer is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. ________________________________________________________________ 6. How many years has your organization been in business under its present business name? _____________ Under what other former names has your organization operated? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Indicate registration, license numbers, or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach the certificate of competency and/or state registration. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where, and why: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11. State the name of the individual who will have personal supervision of the work: x 41 Edwin Orr Engineering H05938 (attached at the end of this form) No See SF 330, Section E, starting on Page 4 194 811 ________________________________________________________________ ________________________________________________________________ 12. State the name and address of the attorney, if any, for the business of the Proposer: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer’s business and indicate the percentage owned of each such business and/or individual: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 15. State the name of the Surety Company which will be providing the bond (if applicable), and the name and address of the agent: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 10 b. Non-Governmental Related Work 10 Total Work (a +b): < $50 million 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 17. Bank References: Bank Address Telephone Shari Ramirez, PE Jen Chilson 25251 Northline Road Taylor, MI 48180 Please see attached sheet N/A Andrew McCune: 8.86% | 500 Griswold Street, Ste 2500, Detroit, MI 48226 Thomas Brzezinski: 8.25% | 201 N. Franklin Street, Ste 1350, Tampa, FL 33602 195 812 ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 18. Describe policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 22. What will be your turnaround time for written responses to City inquiries? ________________________________________________________________ 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 24. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. ________________________________________________________________ ________________________________________________________________ x Please see Section 5, bullet 1 Please see Section 4, bullet 2 Wade Trim Group, Inc. is the parent organization Our Project Manager is committed to be responsive and will provide an answer within 24 hours, complete responses may take 1 to 2 weeks depending on the request. Rodney Clark, Comerica Bank | 411 W Lafayette Blvd, Detroit, MI 48226 | 313.222.9262 None. None. 196 813 197 814 State of Florida Department of State I certify from the records of this office that WADE TRIM, INC. is a corporation organized under the laws of the State of Florida, filed on May 31, 1984, effective June 1, 1984. The document number of this corporation is H05938. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on February 1, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of February, 2025 Tracking Number: 1836955604CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 198 815 Wade Trim Group, Inc. 500 Griswold Street, Ste 2500 Detroit, MI 48226 Wade Trim Group, Inc. wholly owned subsidiaries: Wade Trim Associates 500 Griswold Street, Ste 2500 Detroit, MI 48226 Wade Trim EPC, LLC 500 Griswold Street, Ste 2500 Detroit, MI 48226 Wade Trim Inc. (FL) One Tampa City Center 201 N. Franklin Street, Ste 1350 Tampa, FL 33602 Wade Trim, Inc. (Michigan) 1403 S. Valley Center Drive Bay City, MI 48706 Wade Trim, Inc. (Ohio) 1621 Euclid Avenue, Ste 900 Cleveland, OH 44115 Wade Trim Operations Services 25251 Northline Road Taylor, MI 48180 Wade Trim NY PC 1410 Broadway, Ste 304 New York, NY 10018 199 816 E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE Project Name: Solicitation No.: 1. Definitions: “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. Engineering Design and Environmental Review Services – San Castle - CDBG-MIT Grant Funded PWE25-009 200 817 201 818 REQUEST FOR QUALIFICATIONS CITY OF BOYNTON BEACH ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES SAN CASTLE – GRANT FUNDED RFQ NO. PWE25-009 EXCEPTIONS TO THE SPECIFICATIONS W ade Trim respectfully requests consideration of the exceptions outlined below, in addition to the opportunity to negotiate the final terms and conditions of the agreement, if awarded. PAGE 30 OF RFQ, STANDARD GENERAL TERMS AND PROVISIONS: •Section 5.31: Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Offeror pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. Offeror shall not be responsible for and is hereby released for City’s use of: (i) incomplete information, materials and documents, and (ii) information, materials and documents for anything other than the intended use for the Project. PAGE 35 OF RFQ, SECTION VI – SPECIAL CONDITIONS: •Section 6.2, Performance during Emergency: The Consultant agrees and promises that, to the extent the services are reasonably applicable, immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, the City shall be given “first priority” for all goods and/or services under the agreement/contract. The Consultant agrees to provide all goods and/or services, to the extent reasonably applicable, to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, and conditions, and prices as provided in this solicitation the agreement/contract on a “first priority” basis. The Consultant shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of agreement/contract and subject the Consultant to sanctions from doing further business with the City. •Section 6.4, Indemnification: The CONSULTANT shall indemnify and hold harmless CITY and its current, past, and future officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct a negligent act, error or omission of CONSULTANT or other persons employed or utilized by CONSULTANT in the performance of this Agreement. 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. 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. 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. 202 819 PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT. • Section 6.5(C), Change Order: The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Consultant shall not be obligated to perform any additional work unless a change order is duly executed. Notwithstanding anything to the contrary herein, to the extent Consultant performs additional work in response to a request and/or other influence by the City prior to the execution of a change order, Consultant shall provide written notice and documentation of any such additional work, including an estimate of cost, schedule implications, and a detailed description of such work. 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 promptly (but in no event later than 15 calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. • Section 6.7(A), Default and Termination for Cause: The City may, by written notice of default to the Consultant, terminate the agreement/contract in whole or in part if the Consultant fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the Consultant, the City may procure goods and/or services similar to those terminated, and the Consultant shall be liable for any excess costs incurred due to this action. If it is determined that the Consultant was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Consultant), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". Consultant may, by written notice of default to the City, terminate the agreement/contract in whole or in part if the City materially defaults under the agreement/contract, including, but not limited to, non- payment of Consultant’s invoices. • Section 6.7(B), Termination for Convenience of City: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) thirty (30) business days prior written notice of termination to the Consultant, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the Consultant has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the Consultant shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date, given in the notice of termination. Additionally, unless directed differently, the Consultant shall terminate outstanding orders and/or subcontracts related to the terminated work. Consultant shall indemnify the City against loss pertaining to this termination. 203 820 • Section 6.8, Performance of Consultant: The Offeror shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work with the degree of skill and care ordinarily used by members of their profession practicing under similar circumstances at the same time and in the same locality, and complying with all federal and state laws and all ordinances and codes of the City relating to such work as applicable to Consultant’s work under the Contract. Consultant makes no warranties, express or implied, under the Contract or otherwise, in connection with Consultant’s services. Failure on the part of the submitting Firm to comply with the conditions, terms, specifications, and requirements of the RFQ shall be cause for cancellation of the RFQ award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance-based contracting. The City may, by written notice to the Responding Firm, terminate the Contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. • Section 6.12, Inspection and Acceptance of Work Produced: The City has the right to review, require correction, if necessary, and accept the work produced by the Consultant. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Consultant. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Consultant. The Consultant shall make any required corrections promptly, provided, however, the work has been proven to be in violation of the requirements of the contract, at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Consultant’s submission of corrected work remains unacceptable and in violation of the agreed upon services under the contract, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. APPENDIX A, DRAFT – CONTRACT AGREEMENT PROFESSIONAL SERVICES TERM CONTRACT (CONSULTANT) • Section 2.2: CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, and all services performed under this Agreement shall be performed in a professional manner with the degree of skill and care ordinarily used by members of CONSULTANT’s profession practicing under similar circumstances at the same and time and in the same locality. • Section 2.4: CONSULTANT assumes professional and technical responsibility for the performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONSULTANT thereof in writing, CONSULTANT agrees to re-perform such deficient services without charge to the CITY, provided, however, the deficient services have been proven to be in violation of the requirements under the Agreement. 204 821 • Section 2.7: CONSULTANT shall not utilize the services of any sub-consultant without the prior written approval of CITY, which shall not be unreasonably withheld. CONSULTANT shall comply with the applicable provisions of the City of BOYNTON BEACH Code of Ordinances and shall require that all sub-consultants comply with the applicable provisions of the City of BOYNTON BEACH Code of Ordinances, as is applicable to CONSULTANT and sub-consultant’s services under the Agreement. • Section 3.4, Financial Consequences for Nonperformance: The City reserves the right to withhold payment for disputed portions of the work where when the Consultant has failed to perform/comply with the provisions of this agreement. For each task deliverable not received by the City at one hundred percent (100%) completion and by the specified due date listed in the Grant Funding Agreement’s most recent Project Timeline as the City will reduce the relevant Task compensation Amount(s) paid to the Consultant in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the City in a timely manner. • Section 3.5, Time is of the Essence for this Agreement: CONSULTANT shall perform the services as expeditiously as is consistent with professional skill and care, and the orderly progress of the project. Notwithstanding anything to the contrary herein, CONSULTANT shall not be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results for any cause beyond its reasonable control and without its negligence. In the event, the CONTRACTOR shall fail to timely commence the services herein required following the Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in this Agreement after due allowance for any extension or extensions of time, the CITY may immediately terminate this Agreement as set forth below. • Section 3.6, Post Contractual Obligations: In the event that the term of this agreement expires, the CONSULTANT agrees to continue providing services, at the current rates, on a month-to-month basis until the CITY establishes a new contract or amendment for services. Intentionally omitted. • Section 3.10: In the event of termination for cause or convenience, all finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONSULTANT shall become the property of CITY and shall be delivered by CONSULTANT to CITY immediately. CONSULTANT shall not be responsible for and is hereby released for CITY’s use of any such unfinished documents, data, studies, plans, surveys, and reports, including the CITY’s use for anything other than the intended use for the Project. • Section 5.2: CONSULTANT shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while a seeking change order which have not been described herein or in a separate written amendment or change order shall be performed at the CONSULTANT’S own risk. In no event will the CONSULTANT be compensated for any services which have not been described either herein or in a separate written amendment or change order. Notwithstanding anything to the contrary herein, to the extent Consultant performs additional work in response to a request and/or other influence by the City prior to the execution of a change order, Consultant shall provide written notice and documentation of any such additional work, including an estimate of cost, schedule implications, and a detailed description of such work, which shall be considered in the resulting change order. • Section 6.1: The Consultant shall indemnify and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the 205 822 extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional a negligent act, error, or omission of CONSULTANT and other persons employed or utilized by the design professional CONSULTANT in the performance of the contract. The CONSULTANT 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. • Section 7.2: CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the CONSULTANT allow any sub-consultant to commence work on any subcontract until all similar such insurance required of the sub-consultant has been obtained and similarly approved, the approval of any insurance which shall not be unreasonably withheld. • Section 7.2(a)(i): Worker’s Compensation Insurance: The CONSULTANT 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. • Section 7.2(a)(ii): Comprehensive General Liability: The CONSULTANT 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 limited Contractual Liability with specific reference to Article 10, “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. CONSULTANT 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. • Section 7.2(a)(iv): Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence claim. • Section 7.2(a)(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 each occurrence. Coverage must follow the 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. • Section 14.2, Correction of Services: Correction of Services. If, in the reasonable judgment of CITY, the services provided by CONSULTANT do not conform to the requirements of this Agreement, or if the services exhibit poor workmanship, CITY reserves the right to require may request that CONSULTANT correct all deficiencies in the services to bring the services 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 services. • Section 20.1, Ownership of Documents: 206 823 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY whether or not the project for which they are made is completed. CITY hereby agrees to use CONSULTANT’s work product for its intended purposes. CONSULTANT shall not be responsible for and is hereby released for City’s use of: (i) incomplete reports, surveys, plans, studies and other data, and (ii) reports, surveys, plans, studies, and other data for anything other than the intended use for the project. • Section 20.2, Legal Representation: Legal Representation. It is acknowledged that each Party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the Party preparing same shall not apply herein due to the joint contributions of both Parties. • Insurance Advisory Form: Professional Liability (Per Claim) 207 824 APPENDIXFINANCIAL STATEMENTS 208 825 244 826 245 827 246 828 247 829 248 830 249 831 State of Florida Department of State I certify from the records of this office that WADE TRIM, INC. is a corporation organized under the laws of the State of Florida, filed on May 31, 1984, effective June 1, 1984. The document number of this corporation is H05938. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on February 1, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of February, 2025 Tracking Number: 1836955604CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 250 832 251 833 252 834 PUBLIC ENTITY CRIMES Page 1 of 3 Section 287.132-133(3)(a), Florida Statutes, effective July 1, 1989 require that no public entity shall enter into a contract, award of bid, or transact business in excess of $10,000.00 with any person or affiliate who has been convicted of a public entity crime. Prior to entering into a sworn statement with the Purchasing Department on form 7088. A copy of the form is reproduced below. This completed form must be on file prior to the issuing of a Purchasing Order. Sworn Statement Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIER AUTHORIZED TO ADMINISTER OATHS. 1.This sworn statement is submitted with __________________________________________________ (Solicitation Number and Name) 2.This sworn statement is submitted by __________________________________ whose business address is _______________________________________________________ ________________________________________________________________ and (if applicable) it’s Federal Employer Identification No. (FEIN) is ___________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. 3.My name is ____________________________________________ and my relationship to the entity named above is ___________________________________________________. 4.I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity of with an agency or political subdivision of any other state or with the United States, including but not limited to, any bid or contract for goods or services to be provided t o any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5.I understand that “convicted or conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding or fault or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6.I understand that an “affiliate” as defined in Paragraph 287.133(1)(a). Florida Statutes, means: 253 835 PUBLIC ENTITY CRIMES Page 2 of 3 A.A predecessor or successor of a person convicted of a public entity crime; or B.An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7.I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8.Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which one of the two statements applies.) ___ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ___ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which of the three additional statement applies below.) ___ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order) ___ The person of affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate form the convicted vendor list. (Please attach a copy of the Final Order) ___ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services) 254 836 255 837 256 838 City of Boynton Beach Purchasing and Contracts Division 2 Federal Grant Requirements EXHIBIT “B” - CERTIFICATION FOR COMPLIANCE WITH CITY, COUNTY, STATE, FEDERAL LAWS, AND REGULATIONS I, agree to comply with all City, County, State, and Federal laws and regulations, including, but not limited to the following: CONFLICTS OF INTEREST Contractor covenants that no person who presently exercises any functions or responsibility on behalf of the City of Boynton Beach in connection with this agreement has any personal financial interests, direct or indirect, with the Contractor. Contractor further covenants that, in the performance of any contract, no person having such conflicting interest, shall be employed by the Contractor. Any conflict of interest attributable to the Contractor or its employees must be disclosed in writing to the City of Boynton Beach upon discovery. Contractor is aware of the conflict-of-interest laws of the State of Florida, particularly Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly, 24 CFR Part 570 § 570.611, and agrees to comply with all respects to those provisions fully. EQUAL OPPORTUNITY During the performance of this RFQ, the successful Contractor and its sub-Contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub-Contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub-Contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub-Contractors, if any, will be made aware of and will comply with this nondiscrimination clause. In the event local laws or ordinances governing equal opportunity apply as well, Contractor agrees to comply. DEBARMENT/SUSPENSION The Contractor certifies, by submission of this certification, that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. ZONING CODES AND BUILDING CODES 257 839 258 840 259 841 260 842 261 843 262 844 PROPOSER'S QUALIFICATION STATEMENT THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: Corporation Name: ______________________________________________ Partnership Address: ____________________________________________ Individual CITY, State, Zip: _______________________________________ Other Telephone No.: _______________________________________ Fax No.: ________________________ Email Address.: ______________________ 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: _____________________________________________________________ The address of the principal place of business is: _____________________________________________________________ _____________________________________________________________ 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: _________________________________________ b. State of Incorporation: _________________________________________ c. President's name: ____________________________________________ d. Vice President's name: ________________________________________ e. Secretary's name: ____________________________________________ f. Treasurer's name: ____________________________________________ g. Name and address of Resident Agent: ____________________________ 3. If Proposer is an individual or a partnership, answer the following: x Thomas Brzezinski 3790 Dixie Highway NE, Suite D Palm Bay, FL 32905 813-855-1615 tbrzezinski@wadetrim.com Wade Trim, Inc. (Florida) One Tampa City Center, 201 N Franklin St, Ste 1350 Tampa, FL 33602 6/1/2025 Florida Andrew McCune Timothy O'Rourke and David DiPietro Ralph Picano Ralph Picano Thomas Brzezinski One Tampa City Center 201 N Franklin St, Ste 1350Tampa, FL 33602 263 845 a. Date of organization: ________________ b. Name, address and ownership units of all partners: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ c. State whether general or limited partnership: ________________________ 4. If Proposer is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. ________________________________________________________________ 6. How many years has your organization been in business under its present business name? _____________ Under what other former names has your organization operated? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Indicate registration, license numbers, or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach the certificate of competency and/or state registration. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where, and why: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11. State the name of the individual who will have personal supervision of the work: x 41 Edwin Orr Engineering H05938 (attached at the end of this form) No See SF 330, Section E, starting on Page 4 264 846 ________________________________________________________________ ________________________________________________________________ 12. State the name and address of the attorney, if any, for the business of the Proposer: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer’s business and indicate the percentage owned of each such business and/or individual: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 15. State the name of the Surety Company which will be providing the bond (if applicable), and the name and address of the agent: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 10 b. Non-Governmental Related Work 10 Total Work (a +b): < $50 million 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 17. Bank References: Bank Address Telephone Shari Ramirez, PE Jen Chilson 25251 Northline Road Taylor, MI 48180 Please see attached sheet N/A Andrew McCune: 8.86% | 500 Griswold Street, Ste 2500, Detroit, MI 48226 Thomas Brzezinski: 8.25% | 201 N. Franklin Street, Ste 1350, Tampa, FL 33602 265 847 ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 18. Describe policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 22. What will be your turnaround time for written responses to City inquiries? ________________________________________________________________ 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 24. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. ________________________________________________________________ ________________________________________________________________ x Please see Section 5, bullet 1 Please see Section 4, bullet 2 Wade Trim Group, Inc. is the parent organization Our Project Manager is committed to be responsive and will provide an answer within 24 hours, complete responses may take 1 to 2 weeks depending on the request. Rodney Clark, Comerica Bank | 411 W Lafayette Blvd, Detroit, MI 48226 | 313.222.9262 None. None. 266 848 267 849 State of Florida Department of State I certify from the records of this office that WADE TRIM, INC. is a corporation organized under the laws of the State of Florida, filed on May 31, 1984, effective June 1, 1984. The document number of this corporation is H05938. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on February 1, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of February, 2025 Tracking Number: 1836955604CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 268 850 Wade Trim Group, Inc. 500 Griswold Street, Ste 2500 Detroit, MI 48226 Wade Trim Group, Inc. wholly owned subsidiaries: Wade Trim Associates 500 Griswold Street, Ste 2500 Detroit, MI 48226 Wade Trim EPC, LLC 500 Griswold Street, Ste 2500 Detroit, MI 48226 Wade Trim Inc. (FL) One Tampa City Center 201 N. Franklin Street, Ste 1350 Tampa, FL 33602 Wade Trim, Inc. (Michigan) 1403 S. Valley Center Drive Bay City, MI 48706 Wade Trim, Inc. (Ohio) 1621 Euclid Avenue, Ste 900 Cleveland, OH 44115 Wade Trim Operations Services 25251 Northline Road Taylor, MI 48180 Wade Trim NY PC 1410 Broadway, Ste 304 New York, NY 10018 269 851 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/21/2025 Meeting Date: 10/21/2025 Proposed Ordinance No. 25-022- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.36 Acres of Unincorporated Territory Located at 3604 Boynton Beach Boulevard, into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-022, at second reading. Explanation of Request: The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently ahs a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C-3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the current location of the structure is 9.1 feet from the rear property line, while the C-3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory 852 conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 21, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. How will this affect city programs or services? If approved the City would be responsible for all services including but not limited to Police, Fire, and Solid Waste. All applicable departments have reviewed this application and currently have the necessary resources to service this area. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ordinance No. 25-022 Annexation- Curaleaf Florida, LLC Attachment 1 - Ownership Consent Form Attachment 2 - Petition for Annexation Attachment 3 - Contiguity Map - Curaleaf Florida LLC Annexation Attachment 4 - Location Map - Curaleaf Florida LLC Annexation Attachment 5 - Project Statement - Curaleaf Florida LLC Annexation Attachment 6 - Exhibit A - Curaleaf Florida LLC Annexation - Legal Description and Survey Attachment 7 - Existing and Proposed Future Land Use Map Attachment 8 - Existing and Proposed Zoning Map.pdf Attachment 9 - Rear Setback Variance Request Attachment 10 - SITE PLAN - Variance Request Staff Report - Curaleaf Florida, LLC 853 Curaleaf Florida LLC Annexation Ordinance ORDINANCE NO. 25-022 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 VOLUNTARILY ANNEXING APPROXIMATELY 0.36 ACRES OF 3 UNINCORPORATED TERRITORY LOCATED AT 3604 BOYNTON 4 BEACH BOULEVARD, INTO THE CORPORATE LIMITS OF THE CITY 5 PURSUANT TO SECTION 171.044, FLORIDA STATUTES; PROVIDING 6 FOR THE ANNEXATION OF THE PROPERTY DESCRIBED HEREIN; 7 PROVIDING PUBLICATION OF NOTICE OF THE PROPOSED 8 ANNEXATION; DIRECTING THE CITY CLERK TO RECORD THIS 9 ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE 10 CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND 11 WITH THE DEPARTMENT OF STATE; PROVIDING A BUSINESS 12 IMPACT ESTIMATE; PROVIDING FOR CONFLICTS; SEVERABILITY; 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach, Florida (the “City”) is a municipal corporation 16 organized and existing under the laws of the State of Florida; and 17 WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the City 18 Commission to annex real property into the corporate boundaries of the City; and 19 WHEREAS, Sections 171.011 through 171.094, Florida Statutes, as amended, the 20 Municipal Annexation or Contraction Act, empowers the City Commission to annex real 21 property into the corporate boundaries of the City, pursuant to a petition voluntarily filed by 22 the owner of certain real property; and 23 WHEREAS, the property located at 3604 Boynton Beach Boulevard, as further described 24 and depicted in Exhibit A attached hereto and incorporated herein by reference ( the 25 “Property”) is currently located in unincorporated Palm Beach County, Florida; and 26 WHEREAS, the Property is contiguous to the existing corporate limits of the City as 27 depicted in Exhibit B attached hereto and required by Section 171.044, Florida Statutes; and 28 WHEREAS, the Property Owner has executed a Petition for Voluntary Annexation and 29 an Owner’s Consent Form with the City, which expressly consents to voluntary annexation upon 30 satisfaction of all statutory requirements; and 31 WHEREAS, the City has furnished the Board of County Commissioners of Palm Beach 32 County a copy of the published notice of annexation by certified mail no sooner than ten (10) 33 854 Curaleaf Florida LLC Annexation Ordinance days before said publication, and said action is hereby ratified and confirmed by the City 34 Commission; and 35 WHEREAS, all conditions precedent for annexation have been satisfied, including: 36 1. The Property is contiguous to the existing municipal boundaries; 37 2. The Property Owner has consented to annexation through the Owner’s Consent 38 Form and a Petition for Voluntary Annexation; 39 3. All notice requirements of Section 171.044, Florida Statutes, have been satisfied; 40 4. The required public hearings were held on October 7 and 21, 2025, with proper 41 notice given; and 42 5. The annexation is consistent with the City's Comprehensive Plan; and 43 WHEREAS, all other procedural and notice requirements mandated by State law and 44 the City’s Charter and Code of Ordinances have been followed and satisfied; and, 45 WHEREAS, the City has performed a business impact estimate pursuant to 46 §166.041(4)(c), Florida Statutes, and determined that adoption of this ordinance: 47 (1) serves a public purpose by serving the public health, safety, morals, and welfare of 48 the City, 49 (2) has no direct negative economic impact on private, for-profit businesses in the city, 50 (3) will not result in direct compliance costs for businesses, 51 (4) does not impose any new charge or fee on businesses for which businesses will be 52 financially responsible, 53 (5) does not create any additional municipal regulatory cost that is not recovered 54 appropriately and lawfully by the City; and 55 WHEREAS, the City Commission finds that annexation of the Property serves the public 56 interest by promoting orderly municipal growth, extending municipal services, and 57 incorporating areas already receiving City water service into the municipal tax base; and 58 WHEREAS, the City Commission finds that the Property Owner has requested and is 59 receiving water service from the City, demonstrating the reasonableness and necessity of 60 annexation; and 61 855 Curaleaf Florida LLC Annexation Ordinance WHEREAS, Section 171.044, Florida Statutes, authorizes municipal annexation of 62 contiguous unincorporated territory under the circumstances present herein. 63 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 64 BOYNTON BEACH, FLORIDA, THAT: 65 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 66 being true and correct and are hereby incorporated herein and made a part hereof. 67 Section 2. FINDINGS 68 The City Commission hereby finds and determines that: 69 A. All of the recitals set forth above are true and correct and are hereby incorporated 70 by reference. 71 B. The Property described and depicted in Exhibit A is contiguous to the existing 72 corporate limits of the City. 73 C. The Property Owner has consented to annexation through the executed Petition for 74 Voluntary Annexation and Owner’s Consent Form. 75 D. All statutory requirements for voluntary annexation under Section 171.044, Florida 76 Statutes, have been satisfied. 77 E. Proper notice of the public hearing was given as required by law. 78 F. The annexation will not result in the creation of an enclave of unincorporated territory. 79 G. The annexation serves the public interest and promotes orderly municipal 80 development. 81 Section 3. ANNEXATION 82 The real property described in Exhibit A attached hereto and incorporated herein by 83 reference is hereby annexed into the corporate limits of the City of Boynton Beach, Florida, and 84 shall become a part of the City for all purposes, effective upon the date this ordinance becomes 85 effective. 86 856 Curaleaf Florida LLC Annexation Ordinance Section 4. BOUNDARIES 87 Upon the effective date of this ordinance, the City's corporate limits shall be extended to 88 include the Property described in Exhibit A. The City Clerk and Director of Planning and 89 Development are hereby authorized and directed to: 90 A. Prepare an amended corporate limits map showing the annexation of the Property; 91 B. File appropriate documentation with the Florida Department of Revenue pursuant to 92 Section 171.07, Florida Statutes; 93 C. Within 7 days after adoption of this Ordinance, file a certified copy of this Ordinance 94 with the Palm Beach County Administrator, Palm Beach County Supervisor of Elections, Tax 95 Collector, Property Appraiser, Department of State, Clerk of Court, and other appropriate 96 officials of the annexation; 97 D. Within 7 days after adoption of this Ordinance, record this ordinance in the public 98 records of Palm Beach County, Florida; and 99 E. Take all other actions necessary to effectuate the annexation. 100 Section 5. MUNICIPAL SERVICES 101 Upon the effective date of this ordinance: 102 A. The Property shall be entitled to receive all municipal services provided by the City to 103 similarly situated properties within the City; 104 B. The Property shall be subject to all City ordinances, regulations, and requirements 105 applicable to properties within the City; 106 C. The Property shall be subject to City ad valorem taxation beginning with the next tax 107 year following annexation; and 108 D. All City development regulations, building codes, and land use requirements shall apply 109 to the Property. 110 Section 6. POWER OF ATTORNEY AUTHORIZATION 111 The City Manager and City Clerk are hereby authorized to execute, on behalf of the City 112 any additional documents that may be required to complete the annexation process, including, 113 but is not limited to, execution of boundary survey certifications; execution of any state-114 857 Curaleaf Florida LLC Annexation Ordinance required annexation forms; execution of documents required by the Florida Department of 115 Revenue; and any other documents reasonably necessary to effectuate the annexation. 116 Section 7. COMPLIANCE WITH STATE LAW 117 This annexation is adopted in full compliance with Section 171.044, Florida Statutes, 118 and all other applicable state laws and constitutional requirements. The City Commission 119 hereby certifies that: proper notice was given as required by Section 171.044(2), Florida 120 Statutes; two public hearings were conducted as required by Section 171.044, Florida Statutes; 121 the Property is reasonably compact and contiguous to the City; the Property Owner has 122 consented to the annexation; and the annexation serves a municipal purpose. 123 Section 8. BUSINESS IMPACT ESTIMATE 124 Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a 125 business impact estimate for certain proposed ordinances. This proposed ordinance voluntarily 126 annexes land into the City of Boynton Beach. The voluntary annexation of land into the City (1) 127 serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) 128 has no direct negative economic impact on private, for-profit businesses in the city, (3) will not 129 result in direct compliance costs by businesses, (4) does not impose any new charge or fee or 130 businesses for which businesses will be financially responsible, and (5) does not create any 131 additional municipal regulatory cost which is not recovered appropriately and lawfully by the 132 City. Thus, it is estimated that neither residents nor any businesses will incur additional costs. 133 The City does not seek to impose any additional user or regulatory fees or charges, nor are any 134 direct compliance costs expected. The Business Impact Estimate form for this ordinance is on 135 file with the City Clerk. 136 Section 9. CODIFICATION 137 That Section 6 of the Charter of the City of Boynton Beach, Florida, is hereby amended 138 to reflect the annexation of land more particularly described in Exhibit A. 139 Section 10. CONFLICTS AND SEVERABILITY 140 If any clause, section, or other part or application of this Ordinance shall be held by any 141 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 142 858 Curaleaf Florida LLC Annexation Ordinance part or application shall be considered as eliminated and so not affect the validity of the remaining 143 portions or applications remaining in full force and effect. 144 Section 11. EFFECTIVE DATE 145 This Ordinance shall become effective immediately upon passage. 146 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 147 148 859 Curaleaf Florida LLC Annexation Ordinance FIRST READING this _____ day of _________________, 2025. 149 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 150 151 CITY OF BOYNTON BEACH, FLORIDA 152 YES NO 153 154 Mayor – Rebecca Shelton _____ _____ 155 156 Vice Mayor – Woodrow L. Hay _____ _____ 157 158 Commissioner – Angela Cruz _____ _____ 159 160 Commissioner – Thomas Turkin _____ _____ 161 162 Commissioner – Aimee Kelley _____ _____ 163 164 VOTE ______ 165 166 167 168 ATTEST: 169 170 _____________________________ ______________________________ 171 Maylee De Jesús, MPA, MMC Rebecca Shelton 172 City Clerk Mayor 173 174 APPROVED AS TO FORM: 175 (Corporate Seal) 176 177 _______________________________ 178 Shawna G. Lamb 179 City Attorney 180 181 860 Curaleaf Florida LLC Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY 861 Curaleaf Florida LLC Annexation Ordinance 862 Curaleaf Florida LLC Annexation Ordinance EXHIBIT B CONTIGUITY MAP 863 864 865 866 867 868 869 870 871 ACTIVE 710229475v3 3604 Boynton Beach Blvd Annexation Justification Statement Compliance with Statutory Requirements : The proposed annexation of the property located at 3604 Boynton Beach Blvd complies with the criteria established under Florida Statutes , Section 171.043 entitled “Character of the Area to be Annexed”. That statute states that the area to be annexed must satisfy the general standards outlined in Section 171.043 (1) and meet the standards of Section 171.043 (2) or (3). The annexation parcel complies with subsections (1) and (2) as detailed below. The annexation parcel, which is now unincorporated, satisfies Section 177.043 (1) in that it is contiguous to the corporate limits of the City of Boynton Beach, being adjacent on its east boundary to Parcel 08-43-45-30-01-009-0020, which is located within the municipal limits of the City of Boynton Beach. The annexation parcel also satisfies the compactness standard of Section 177.043 (1) in being a .36-acre unified rectangular parcel. The parcel satisfies Section 177.043 (2) in that the parcel is developed and is located within an area that is developed for urban purposes as defined in Section 171.031 of the Florida Statutes. The annexation parcel is located along a commercially developed major roadway corridor, with residential properties to the north developed in lots or tracts of less than 5 acres. The statutory requirements for a voluntary annexation, which are described in Section 171.044, are only that: the petition for annexation bear the signatures of all owners of the property; the property to be annexed is contiguous to the municipality; the area to be annexed be reasonably compact; and the annexation must not create an enclave. As demonstrated above, the proposed annexation meets all of those standards. Consistency with Comprehensive Plan : In accordance with the Boynton Beach Comprehensive Plan – Future Land Use Element, annexation may proceed through one of four approved methods. This application qualifies under the method of voluntary annexation by petition of the property owner. The applicant intends to concurrently submit applications for a land use amendment and rezoning to align with the City’s land use designation and zoning classifications. 1. Demonstration of Need: The property at 3604 Boynton Beach Blvd (sometimes referred to as “the parcel” or the “annexation parcel”) is contiguous to the City of Boynton Beach on its eastern and southern boundaries. Adjacent to the east is Boulevard Plaza, a retail shopping center comprised of eight stores. To the south lies an Exxon gas station and an undeveloped parcel abutting a golf course. The parcel to the west, located in unincorporated Palm Beach County, is occupied by a law office. The northern boundary is bordered by a water-filled ditch and natural barriers, beyond which are single-family homes, though there is no access between these and the annexation parcel. The applicant seeks annexation into the City of Boynton Beach to transition from its County Commercial High Future Land Use Designation and Commercial High Office (CHO) zoning designation to the City’s Local Retail Commercial Future Land Use designation and Commercial 3 (C-3) zoning district. Both the land use and zoning proposed for the annexation parcel are exactly the same as the existing land use and zoning designations of the adjacent properties to the east, within the City of Boynton Beach. 872 ACTIVE 710229475v3 The annexation parcel would require rezoning whether it remains in the County or is annexed into the City of Boynton Beach, to allow the proposed use of the existing building and parcel as a Medical Marijuana Treatment Center (MMTC). However, the dimensional requirements in the City zoning are better suited to the existing conditions ; and annexing to the City of Boynton Beach, which can provide a more responsive city staff, is beneficial for servicing the needs of a retail use. 2. Consistency: The parcel proposed for annexation is contiguous to a multi-tenant retail center zoned C-3, which supports uses compatible with the applicant’s intended operation. The current and proposed uses are both commercial and retail, supporting the objectives and policies of the City’s Comprehensive Plan, Redevelopment Plans, and related planning documents. This consistency in use and character supports the requested land use amendment and rezoning. 3. Compatibility The proposed Future Land Use designation and zoning classification for the annexed parcel will be compatible with adjacent parcels and consistent with the C -3 zoning district. The proposed use—a Medical Marijuana Treatment Center (MMTC)—aligns with the permitted retail uses under the C-3 zoning category. Specifically, per the Boynton Beach Code of Ordinances Part III, Chapter 3, Article IV, Section 3.57.a.(2), medical marijuana dispensing facilities are classified under the Pharmacy and Drug Store use category within C-3. Additionally, the proposed annexation parcel is compliant with the required separation distances. The nearest preschool property is over 1,000 feet from the subject parcel (measured parcel line to parcel line), and the nearest middle school is nearly 2,000 feet away, exceeding the statutory 500 - foot minimum distance requirement. 4. Orderly Growth The proposed annexation does not contribute to fragmented development patterns and will not create isolated or undevelopable parcels. The associated amendments to the Future Land Use Map (FLUM) and zoning district maps will support the existing use and pro mote the orderly growth and logical extension of the Boynton Beach city limits. 5. Location Efficiency The proposed FLUM and zoning amendments support complementary and integrated land uses consistent with smart growth principles. The annexation parcel benefits from proximity to a mix of commercial uses, contributing to access to services, and overall connectivity with adjacent properties. 6. Availability of Public Services/Infrastructure The subject parcel at 3604 Boynton Beach Blvd is located within an area already served by municipal infrastructure capable of supporting the proposed commercial retail use. In accordance with Chapter 1, Article VI – Concurrency Management System, the applicant recognizes that all development order applications, including those involving Future Land Use Map (FLUM) amendments and rezonings, are subject to concurrency review to ensure that development does not degrade the adopted Level of Service (LOS) standards outlined in the City’s Comprehensive Plan. 873 ACTIVE 710229475v3 As a commercial retail project, the relevant public facilities and services subject to concurrency review include: • Potable water • Sanitary sewer • Solid waste disposal • Stormwater drainage • Local, county, and state roadways • Parks and recreation, where applicable to support non-residential uses The applicant acknowledges the obligation to pay any applicable capital facility charges or connection fees that would be due for the proposed change of use for the existing building on the annexation parcel that was last used as a beauty salon. Because the proposed annexation and rezoning will involve an existing building last used for a beauty salon, the annexation and proposed new use are not expected to generate adverse infrastructure impacts that are unable to be supported by existing and planned public facilities. The exterior of the existing building will maintain its appearance, with only the interior to be remodeled. Therefore, the request complies with the City’s Concurrency Management System and supports the responsible, sustainable expansion of commercial development within the City of Boynton Beach. 7. Economic Development Impact The proposed annexation change of land use and rezoning of 3604 Boynton Beach Blvd to the Commercial 3 (C-3) zoning district will accommodate the proposed Medical Marijuana Treatment Center (“MMTC”), a use that will unlock a number of direct and indirect economic benefits to the City. a. Fiscal Benefits and Tax Revenue Generation MMTCs are high-revenue, customer-facing retail businesses subject to Florida’s state sales tax on all medical marijuana product sales. In addition to contributing to the state’s general revenue, MMTCs also generate tangible local economic benefit through the following: • Increased ad valorem (property) tax revenue through redevelopment, renovation, and/or improvement of the parcel to meet City code and retail standards. • Sales-based tax remittances, which factor into local shared revenue allocations from the state. • Business tax receipts (local business taxes) required to operate within the City of Boynton Beach, contributing directly to the general fund. • Employment-related taxes and wage circulation, supporting local economic vitality and adjacent commercial businesses. 874 ACTIVE 710229475v3 Over time, these fiscal contributions help fund essential municipal services such as public safety, infrastructure, beautification, parks, and recreation—enhancing overall quality of life for residents and business owners alike. b. Job Creation and Commercial Activation As a retail business with secure, regulated operations, the MMTC will create new jobs in the areas of management, operations, compliance, and customer service. These positions offer competitive wages and benefits, providing opportunities for local residents to access stable, long- term employment in a growing sector. Additionally, the MMTC will serve as an anchor retail use contributing to the economic viability of surrounding commercial tenants. This will support the activation of the corridor and may encourage further redevelopment of nearby underutilized parcels. c. Market Responsiveness and Strategic Alignment The proposal directly addresses a service gap in the surrounding area by offering access to regulated medical cannabis for qualified patients in a controlled and compliant environment. The proposed use supports Boynton Beach’s broader economic development goals by: • Activating a currently underutilized parcel; • Advancing adaptive reuse and infill development; • Promoting smart growth in areas with existing infrastructure; • Attracting new investment within City boundaries. In conclusion, the MMTC’s establishment at this location represents a strategic opportunity for the City of Boynton Beach to expand its commercial tax base, stimulate corridor activity, and introduce new employment and service offerings — all while ensuring consistency with land use policy and compatibility with surrounding development. 8. Heavy Commercial and Industrial Land Supply The proposed annexation and corresponding Future Land Use Map (FLUM) and zoning amendments do not diminish the City’s viable land supply for heavy commercial or industrial development. The subject parcel is unsuitable for heavy commercial or industrial uses due to its limited size, configuration, and adjacency to low - and medium-intensity uses, including retail centers, a gas station, a golf course, and residential properties. Its location along a commercial corridor dominated by retail-oriented development makes it functionally incompatible with the operational needs and spatial requirements typically associated with heavy commercial or industrial use. Additionally, the proposed annexation and zoning to C-3 would satisfy multiple Direct Economic Development Benefits as identified in Section 3(g) of the City’s land development review criteria . 875 876 877 878 879 880 881 REAR SETBACK VARIANCE REQUEST July 2, 2025 City of Boynton Beach Planning Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Rear Setback Variance Request—3604 Boynton Beach Boulevard (Parcel ID: 0043530010100020) Applicant: Curaleaf Florida, LLC Proposed Use: Medical Marijuana Treatment Center (MMTC) Current Zoning: Unincorporated Palm Beach County Proposed Zoning: Community Commercial (C3) Proposed Future Land Use: Local Retail Commercial (LRC) I. Introduction This variance request is submitted in conjunction with an annexation application and arises due to a discrepancy between the existing rear setback approved under Palm Beach County regulations and the setback standards required by the City of Boynton Beach. Specifically, the applicant is seeking a variance to maintain the existing 10-foot rear setback, where a 20-foot setback is required under City zoning standards. The subject property, located at 3604 Boynton Beach Boulevard, is also the subject of concurrent applications for annexation, a Future Land Use Map amendment, and a Zoning Map amendment to facilitate the conversion of the property from a hair salon to a Medical Marijuana Treatment Center (MMTC). II. Compliance with Variance Criteria Pursuant to Chapter 2, Article IV § 4 of the City’s Code, the Board may grant a variance upon finding that enforcement would result in manifest injustice, would be contrary to the Code’s purpose or public interest, and that all general criteria set forth in Chapter 2, Article IV, § 4 C. 1. are satisfied. The following analysis demonstrates full compliance: a. Special Circumstances The subject property’s existing structure was legally constructed prior to this annexation request and is located 10 feet from the rear property line. The rear boundary directly abuts land owned by the Lake Worth Drainage District and a canal, which together create a permanent, physical separation from adjacent properties. This unique condition distinguishes the property from others and constitutes a special circumstance under the Code. b. Hardship Not Self-Created 882 The current rear setback condition is the result of historic site development patterns. Constructed in 1975, the building predated both the applicant’s ownership and the City’s current regulatory framework. The hardship is not self-created; rather, it stems from longstanding site conditions and adjacent public infrastructure. c. No Special Privilege Granting the variance will not confer any special privilege denied to others. The canal’s presence provides a substantial physical buffer, similar in function to a railroad or major right-of-way. The City’s Code allows a reduction in similar circumstances, allowing up to a 50% reduction for railroad- or canal-adjacent parcels under ULDC Chapter 3, Article III, § 1. B. This request seeks equitable treatment consistent with that precedent. d. Minimum Variance Necessary The requested variance is the minimum necessary to maintain the existing structure and permit a reasonable use of the property. Full compliance would require demolition or costly reconfiguration, which is impractical and unnecessary given the existing canal buffer and the minimal impact on surrounding properties. e. Harmony with Code Intent Granting this variance is consistent with the intent of the City’s Code, which allows for flexibility in addressing unique site conditions to facilitate orderly development. The canal and drainage parcel provide substantial separation, mitigating any potential adverse impacts on neighboring properties. The proposed MMTC use is compatible with the surrounding area and will not negatively affect public health, safety, or welfare. III. Conclusion This variance supports a broader land use and zoning entitlement strategy, including annexation, FLUM amendment, and rezoning, all of which are necessary to bring the site into conformance with City standards. The relief requested is narrowly tailored to accommodate existing conditions and will not compromise the public interest, confer undue benefit, or create precedent beyond what is already supported by policy. We respectfully request approval of this variance application. 883 18.50'27.76'18.50'12.50'9.50'9.50'9.50'9.50'6.50' PARKING CALCULATIONPARKING CALCULATION EXISTING 1250SF 1 STORY COMMERCIAL BUILDING EXISTING 9.75'10.20'10.20'10.20'10.20' BUILDING AREA: 1525 SF BUILDING USE: OTHER REQUIRED SPACES PER SF:1/200 SF 1525 SF / 200 =7.6 8 SPACES8 SPACES 12' X 35' LOADING AREA RESTRIPE PARKING SPACES TO DIMENSIONS INDICATED. SEE CITY/COUNTY STANDARD STRIPING REQUIREMENTS. NEW DUMPSTER ENCLOSURE FOR ROLL OUT DUMPSTER 12.00'12.00'REMOVE ASPHALT IN THIS AREA . PROVIDE TOP SOIL. EXISTING DOMESTIC WATER METER AND BACKFLOW PREVENTER TO REMAIN MOTORCYCLE PARKING PROVIDE PLANTING AROUND ENCLOSURE @ 48" CENTERS. MIN 18" HIGH PLANTING. REMOVE PARKING STRIPPING ON THIS SIDE OF BUILDING 33.88'5.00' MOTORCYCLE PARKING SIGN PER CITY STANDARDS ADA PARKING SIGN PER CITY STANDARDS 11 11 11 NO PARKING SIGN PER CITY STANDARDS NEW PAINTED STOP BAR NEW STOP SIGN NEW DIRECTIONAL STRIPING. TYP ALL TRAFFIC SIGNING AND PAVEMENT ALL TRAFFIC SIGNING AND PAVEMENT MARKING SHALL COMPLY WITH THE U.S. MARKING SHALL COMPLY WITH THE U.S. DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION FEDERAL HIGHWAY ADMINISTRATION MANUAL ON UNIFORM TRAFFIC MANUAL ON UNIFORM TRAFFIC CONTROL DEVICESCONTROL DEVICES 11 NEW PAINTED STOP BAR NORTH ELEVATIONNORTH ELEVATION6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0".3"6" SOUTH ELEVATIONSOUTH ELEVATION 6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0".3"6" EAST ELEVATIONEAST ELEVATION6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0". WEST ELEVATIONWEST ELEVATION6' - 0"FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE1' - 0"FULLY WELDED GALV STEEL FRAME DOOR WITH COMPOSITE WOOD PLANK PANEL. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID (4) HEAVY DUTY GALV WELDED HINGES. EACH SIDE DOOR PULLS. GALV. GALV STOP RODS. PROVIDE PAVEMENT SLEEVES FOR BOTH OPEN AND CLOSED POSITIONS. 12' - 0".6"12' - 0".DUMPSTER ENCLOSURE PLANDUMPSTER ENCLOSURE PLAN 6", 3000PSI, FIBER REINFORCED SLAB. SLOPE TO DOOR 1/4" PER FT 18"W X 12"D CONCRETE FOOTING #5 BAR VERT @ 36"o.c. 8" SPLIT FACE CMU. GROUT ALL CELLS SOLID. HSS6X6X1/4". GROUT SOLID. WELD ALL AROUND TO 12"x12"x3/8" GALV STEEL BASE PLATE. 12' - 0". (4) 3/4" ANCHOR BOLTS. EMBED A MIN 8" INTO FOUNDATION. 24"Lx24"Wx12"D CONCRETE FOOTING CENTERED ON COLUMN. (3) 4" CONCRETE FILLED METAL BOLLARDS. 36" EMBEDED AND 36" ABOVE GRADE 8" STUCCO CAP AND TOP BAND 8" STUCCO CAP AND TOP BAND 8" STUCCO CAP AND TOP BAND PROVIDE CRICKET CONCRETE APRON TO DIVERT WATER TO EITHER SIDE OF ENCLOSURE PROJECT CONSULTANT DRAWING CERTIFICATION REVISIONS DRAWING TITLEDRAWING TITLE PROJECT #PROJECT # DATEDATE SHEET #SHEET # PO Box 780173, Orlando, FL 32828 407-990-5554 info@zkarch.com | www.zkarch.com IT IS A VIOLATION OF THE LAW FOR ANY PERSON TO ALTER THESE DRAWINGS UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT. © COPYRIGHT 2025 ZACH KASKY ARCHITECTURE, LLC ZACHARY T. KASKY LIC.# AR97739 THIS ITEM HAS BEEN ELECTRONICALLY SIGNED BY ZACHARY KASKY USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE ELECTRONIC SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES 8/6/2025 12:53:05 PMG1.00 EXISTING SURVEY AND NEW SITE PLAN BOYNTON BEACH TENANT ALTERATIONS JUNE 26, 2025 2024054 3604 BOYNTON BEACH BLVD, BOYNTON BEACH, FL 33436 Number Description Date 1 REV01 08/06/2025 1" = 20'-0"11 PROPOSED SITE PLAN 1/4" = 1'-0"22 DUMPSTER ENCLOSURE PLAN AND ELEVATIONS 884 3604 Boynton Beach Blvd, Boynton Beach, FL Curaleaf Florida LLC Annexation, Future Land Use Map, Variance, and Zoning Change Request Application Legal Description "THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS ""A"" AND ""B"", LYING NORTH OF STATE ROAD 804 AND SOUTH OF L-24 CANAL, BLOCK 10, THE PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS ""A"" AND ""B"", THENCE NORTH 00°06'51"" WEST, 155.80 FEET; THENCE NORTH 88°11'06"" EAST, 100.00 FEET; THENCE SOUTH 00°09'20"" EAST, 155.97 FEET; THENCE SOUTH 88°17'04"" WEST, 100.11 FEET TO THE POINT OF BEGINNING. CONTAINING: 15,591 SQUARE FEET/ 0.36 ACRES, MORE OR LESS. SUBJECT TO: EASEMENTS, RESERVATIONS, RESTRICTIONS, ROAD RIGHT-OF-WAY OF RECORD, IF ANY, AND TAXES FOR THE YEAR 1990 AND THEREAFTER." 885 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 9, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 886 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the cu rrent location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 887 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.0 44, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 888 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the pro tection of the public welfare. This factor is not intended to exclude FLUM reclassification s and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established f or commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 889 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 890 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursua nt to Section 2.D.1.e above, both shall comply with the requirements of the respective zonin g district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 891 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 892 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/21/2025 Meeting Date: 10/21/2025 Proposed Ordinance No. 25-032- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 0.36 acre parcel of real property located at 3604 Boynton Beach Boulevard, by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-8 (CH/8) to City of Boynton Beach's Local Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-032, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County, which has contiguity with the City of Boynton Beach on the eastern boundary. The site currently has a Palm Beach County Future Land Use designation of Commercial High, with an underlying MR-8 (CH/8), and is zoned Palm Beach County's Commercial High Office (CHO). The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use Map to Local Retail Commercial (LRC), which would permit the requested uses at this location. How will this affect city programs or services? See Curaleaf Florida LLC Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Curaleaf Florida LLC Annexation for full analysis. Attachments: Proposed_Ordinance_No._25-032- Curaleaf_Florida_Annexation_- _Future_Land_Use_Map_Amendment_Ordinance.docx Staff Report - Curaleaf Florida, LLC Exhibit A - Curaleaf Florida LLC Annexation - Legal Description and Survey Exhibit B - Existing and Proposed Future Land Use Map Business-impact-estimate_Agenda Item 3708-2025.docx 893 894 09.23.25 (IG) Page 1 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-032 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR AN APPROXIMATELY 0.36 ACRE PARCEL OF 6 REAL PROPERTY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, 7 BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM 8 BEACH COUNTY’S COMMERCIAL HIGH WITH AN UNDERLYING MR-8 9 (CH/8) TO CITY OF BOYNTON BEACH’S LOCAL RETAIL COMMERCIAL 10 (LRC); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE 11 LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF 12 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 13 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 17 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 18 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 19 and 20 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 21 contiguity with the City of Boynton Beach on the eastern boundary (the “Property”), more 22 particularly described in Exhibit “A”; and 23 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 24 with the surrounding and existing land uses; and 25 895 09.23.25 (IG) Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the Property owner has also applied to rezone the property from Palm Beach 26 County’s Commercial High Office (CHO) to City of Boynton Beach’s Community Commercial 27 District (C-3); and 28 WHEREAS, the procedure for amendment of a Future Land Use Element of a 29 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 30 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 31 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is 32 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 33 Statutes; and 34 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 35 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 36 and 37 WHEREAS, after careful review of the application, staff has determined that the proposed 38 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 39 Florida Statutes; and 40 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 41 which contains data and analysis supporting the Future Land Use Map amendment; and 42 WHEREAS, the City Commission finds that the proposed Future Land Use Map 43 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 44 896 09.23.25 (IG) Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. and finds it in the best interest of the public to amend the Future Land Use Element of the 45 Comprehensive Plan as hereinafter provided. 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 47 BOYNTON BEACH, FLORIDA: 48 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 49 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 50 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 51 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach 52 County’s Future Land Use Designation of Commercial High with an Underlying MR-8 (CH/8) to 53 City of Boynton Beach’s Future Land Use Designation of Local Retail Commercial (LRC) for a parcel, 54 as depicted in Exhibit “B.” 55 Section 3: Amendment to Future Land Use Map. The Director of Planning and 56 Zoning is further authorized to make the necessary changes as required to the Future Land Use 57 Map to reflect the above stated change. 58 Section 4: Authorization to Transmit. The City Manager or designee is hereby 59 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 60 provisions of the Community Planning Act, if required. 61 Section 5: Severability. The provisions of this Ordinance are declared to be 62 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 63 897 09.23.25 (IG) Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 64 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 65 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 66 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 67 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 68 Section 7: Effective Date. This Ordinance shall take effect immediately upon 69 adoption. 70 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 71 898 09.23.25 (IG) Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 72 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 73 CITY OF BOYNTON BEACH, FLORIDA 74 YES NO 75 76 Mayor – Rebecca Shelton _____ _____ 77 78 Vice Mayor – Woodrow L. Hay _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 Commissioner – Angela Cruz _____ _____ 83 84 Commissioner – Thomas Turkin _____ _____ 85 86 VOTE ______ 87 ATTEST: 88 89 _____________________________ 90 Maylee DeJesús, MMC Rebecca Shelton 91 City Clerk Mayor 92 93 APPROVED AS TO FORM: 94 (Corporate Seal) 95 96 97 Shawna G. Lamb 98 City Attorney 99 899 09.23.25 (IG) Page 6 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 900 09.23.25 (IG) Page 7 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 901 09.23.25 (IG) Page 8 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 902 09.23.25 (IG) Page 9 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 903 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 9, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 904 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the cu rrent location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 905 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.0 44, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 906 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the pro tection of the public welfare. This factor is not intended to exclude FLUM reclassification s and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established f or commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 907 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 908 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursua nt to Section 2.D.1.e above, both shall comply with the requirements of the respective zonin g district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 909 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 910 911 912 913 914 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY XXX ACRE PARCEL OF REAL PROPERTY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S COMMERCIAL HIGH WITH AN UNDERLYING MR-8 (CH/8) TO CITY OF BOYNTON BEACH’S LOCAL RETAIL COMMERCIAL (LRC); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 915 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 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): In association with the Curaleaf Florida LLC Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the eastern boundary is required to rezone from Palm Beach County’s Commercial High Office (CHO) to City of Boynton Beach’s Community Commercial District (C-3). The site currently has a Palm Beach County Future Land Use designation of Commercial High with an Underlying MR-8 (CH/8). The proposed amendment is to change the Future Land Use Map to City of Boynton Beach’s Local Retail Commercial (LRC), which would permit the requested uses at this location. The City Commission finds that the proposed Future Land Use Map amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, and finds it in the best interest of the public to amend the Future Land Use Element of the Comprehensive Plan. 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 916 Page 3 of 3 (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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 917 City of Boynton Beach Agenda Item Request Form 8.C Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/21/2025 Meeting Date: 10/21/2025 Proposed Ordinance No. 25-033- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Curaleaf Florida LLC annexation, amending ordinance no. 02-013 to rezone approximately 0.36 acres of unincorporated territory located at 3604 Boynton Beach Boulevard, from Palm Beach County's Commercial High Office (CHO) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-033, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the eastern boundary. The site is currently zoned Palm Beach County's Commercial High Office (CHO). While there is a concurrent application for annexation, a site is required to be rezoned to the City of Boynton Beach's zoning classification at the time of annexation. The request is for a rezone to City of Boynton Beach's Community Commercial (C-3) in association with the Curaleaf Florida LLC Annexation and is consistent with the current uses of the site and adjacent properties. How will this affect city programs or services? See Curaleaf Florida LLC for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Curaleaf Florida LLC for full analysis. Attachments: Ordinance_No._25-033- Curaleaf_Glorida_LLC_Annexation_-_Rezoning_CHO_to_C-3.docx Staff Report - Curaleaf_Florida, LLC.doc Exhibit A - Curaleaf Florida LLC Annexation - Legal Description and Survey Exhibit B - Existing and Proposed Zoning Map Business-impact-estimate_Agenda Item 3709-2025.docx 918 09.23.25 (IG) Page 1 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-033 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE CURALEAF 4 FLORIDA LLC ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO 5 REZONE APPROXIMATELY 0.36 ACRES OF UNINCORPORATED 6 TERRITORY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, FROM 7 PALM BEACH COUNTY’S COMMERCIAL HIGH OFFICE (CHO) TO CITY 8 OF BOYNTON BEACH’S COMMUNITY COMMERCIAL DISTRICT (C-3); 9 DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH 10 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 11 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 15 No. 02-013, establishing an official zoning map of the City; and 16 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 17 contiguity with the City of Boynton Beach on the eastern boundary and is generally located at 18 3604 Boynton Beach Boulevard (the “Property”), more particularly described in Exhibit “A”; and 19 WHEREAS, in association with the Curaleaf Florida LLC annexation, the Property is 20 required to rezone from Palm Beach County’s Commercial High Office (CHO) to City of Boynton 21 Beach’s Community Commercial District (C-3); and 22 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 23 advertised hearing received testimony and evidence related to the application and found that the 24 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 25 Florida Statutes; and 26 919 09.23.25 (IG) Page 2 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 27 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 28 and 29 WHEREAS, after careful review of the application, staff has determined that the proposed 30 rezoning is consistent with an amendment to the Future Land Use Map, which was 31 contemporaneously considered and approved by the City Commission, complies with the City’s 32 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 33 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 34 which contains data and analysis supporting the rezoning; and 35 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 36 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 37 Regulations, and the City Commission deems it to be in the best interest of the public to amend 38 the City’s Zoning Map as further set forth herein. 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 40 BOYNTON BEACH, FLORIDA: 41 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 42 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 43 920 09.23.25 (IG) Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 44 Palm Beach County’s Commercial High Office (CHO) to City of Boynton Beach’s Community 45 Commercial District (C-3), and the City’s Official Zoning Map shall be amended accordingly. 46 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 47 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 48 City’s Official Zoning Map to reflect the above-stated changes. 49 Section 4: Authorization to Transmit. The City Manager or designee is hereby 50 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 51 provisions of the Community Planning Act, if required. 52 Section 5: Severability. The provisions of this Ordinance are declared to be 53 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 54 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 55 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 56 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 57 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 58 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 59 Section 7: Effective Date. This Ordinance shall take effect immediately upon 60 adoption. 61 Signatures on following page 62 921 09.23.25 (IG) Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 63 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 67 Mayor – Rebecca Shelton _____ _____ 68 69 Vice Mayor – Woodrow L. Hay _____ _____ 70 71 Commissioner – Aimee Kelley _____ _____ 72 73 Commissioner – Angela Cruz _____ _____ 74 75 Commissioner – Thomas Turkin _____ _____ 76 77 VOTE ______ 78 ATTEST: 79 80 _____________________________ 81 Maylee DeJesús, MMC Rebecca Shelton 82 City Clerk Mayor 83 84 APPROVED AS TO FORM: 85 (Corporate Seal) 86 87 88 Shawna G. Lamb 89 City Attorney 90 922 09.23.25 (IG) Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 923 09.23.25 (IG) Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 924 09.23.25 (IG) Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 925 09.23.25 (IG) Page 8 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 926 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 9, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 927 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the cu rrent location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 928 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.0 44, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 929 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the pro tection of the public welfare. This factor is not intended to exclude FLUM reclassification s and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established f or commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 930 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 931 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursua nt to Section 2.D.1.e above, both shall comply with the requirements of the respective zonin g district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 932 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 933 934 935 936 937 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE CURALEAF FLORIDA LLC ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE APPROXIMATELY 0.36 ACRES OF UNINCORPORATED TERRITORY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, FROM PALM BEACH COUNTY’S COMMERCIAL HIGH OFFICE (CHO) TO CITY OF BOYNTON BEACH’S COMMUNITY COMMERCIAL DISTRICT (C-3); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 938 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 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): In association with the Curaleaf Florida LLC Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the eastern boundary is required to rezone from Palm Beach County’s Commercial High Office (CHO) to City of Boynton Beach’s Community Commercial District (C-3). The City Commission finds that the proposed rezoning is consistent with the surrounding and existing land uses, the City's Comprehensive Plan and Land Development Regulations, and the City Commission deems it to be in the best interest of the public to amend the City’s Zoning Map. 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 939 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 940 City of Boynton Beach Agenda Item Request Form 8.D Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/21/2025 Meeting Date: 10/21/2025 Variance request to grant a reduced rear yard setback to 9.1 feet where 20 feet is required. Requested Action: Approval of a variance request from Part III, Chapter 3, Article III, Section 1.C (Table 3.2) and Part III, Chapter 3, Article III, Section 3.C.3 (Table 3-17) to grant a reduction of a rear yard setback of 9.1 feet where 20 feet is required. Explanation of Request: The existing area is located in unincorporated Palm Beach County. There is a concurrent applications are for the Curaleaf Florida LLC Annexation, Future Land Use Map Amendment, and Rezone. The concurrent request for zoning designation to C-3 requires a rear yard setback of 20 feet, unless rear yard access is available from a public street or alley, rear yard setback may be decreased by one-half (1/2) of the width of the street or alley. There is a canal at the rear of the property, however there is no rear yard access from a public street or alley, therefore the reduction is not applicable. The structure is existing and previous approvals would have been conducted by Palm Beach County. In order for the applicant to meet the requirements for the associated Annexation, Future Land Use Map Amendment, and Rezone, the variance is required. As the canal still provides adequate separation, there are no negative impacts inspected by granting this request. How will this affect city programs or services? See Curaleaf Florida LLC Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Curaleaf Florida LLC Annexation for full analysis. Attachments: Staff Report - Curaleaf_Florida LLC.doc Attachment 1 - Rear Setback Variance Request - Project Statement Attachment 2 - Site Plan for Variance Request Development Order - Variance.docx 941 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 1, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 942 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanie d by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the curre nt location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 943 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach Co unty Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 944 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protec tion of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established for commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 945 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and ne arby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 946 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits l isted in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article I V, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 947 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of th is Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 948 REAR SETBACK VARIANCE REQUEST July 2, 2025 City of Boynton Beach Planning Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Rear Setback Variance Request—3604 Boynton Beach Boulevard (Parcel ID: 0043530010100020) Applicant: Curaleaf Florida, LLC Proposed Use: Medical Marijuana Treatment Center (MMTC) Current Zoning: Unincorporated Palm Beach County Proposed Zoning: Community Commercial (C3) Proposed Future Land Use: Local Retail Commercial (LRC) I. Introduction This variance request is submitted in conjunction with an annexation application and arises due to a discrepancy between the existing rear setback approved under Palm Beach County regulations and the setback standards required by the City of Boynton Beach. Specifically, the applicant is seeking a variance to maintain the existing 10-foot rear setback, where a 20-foot setback is required under City zoning standards. The subject property, located at 3604 Boynton Beach Boulevard, is also the subject of concurrent applications for annexation, a Future Land Use Map amendment, and a Zoning Map amendment to facilitate the conversion of the property from a hair salon to a Medical Marijuana Treatment Center (MMTC). II. Compliance with Variance Criteria Pursuant to Chapter 2, Article IV § 4 of the City’s Code, the Board may grant a variance upon finding that enforcement would result in manifest injustice, would be contrary to the Code’s purpose or public interest, and that all general criteria set forth in Chapter 2, Article IV, § 4 C. 1. are satisfied. The following analysis demonstrates full compliance: a. Special Circumstances The subject property’s existing structure was legally constructed prior to this annexation request and is located 10 feet from the rear property line. The rear boundary directly abuts land owned by the Lake Worth Drainage District and a canal, which together create a permanent, physical separation from adjacent properties. This unique condition distinguishes the property from others and constitutes a special circumstance under the Code. b. Hardship Not Self-Created 949 The current rear setback condition is the result of historic site development patterns. Constructed in 1975, the building predated both the applicant’s ownership and the City’s current regulatory framework. The hardship is not self-created; rather, it stems from longstanding site conditions and adjacent public infrastructure. c. No Special Privilege Granting the variance will not confer any special privilege denied to others. The canal’s presence provides a substantial physical buffer, similar in function to a railroad or major right-of-way. The City’s Code allows a reduction in similar circumstances, allowing up to a 50% reduction for railroad- or canal-adjacent parcels under ULDC Chapter 3, Article III, § 1. B. This request seeks equitable treatment consistent with that precedent. d. Minimum Variance Necessary The requested variance is the minimum necessary to maintain the existing structure and permit a reasonable use of the property. Full compliance would require demolition or costly reconfiguration, which is impractical and unnecessary given the existing canal buffer and the minimal impact on surrounding properties. e. Harmony with Code Intent Granting this variance is consistent with the intent of the City’s Code, which allows for flexibility in addressing unique site conditions to facilitate orderly development. The canal and drainage parcel provide substantial separation, mitigating any potential adverse impacts on neighboring properties. The proposed MMTC use is compatible with the surrounding area and will not negatively affect public health, safety, or welfare. III. Conclusion This variance supports a broader land use and zoning entitlement strategy, including annexation, FLUM amendment, and rezoning, all of which are necessary to bring the site into conformance with City standards. The relief requested is narrowly tailored to accommodate existing conditions and will not compromise the public interest, confer undue benefit, or create precedent beyond what is already supported by policy. We respectfully request approval of this variance application. 950 18.50'27.76'18.50'12.50'9.50'9.50'9.50'9.50'6.50' PARKING CALCULATIONPARKING CALCULATION EXISTING 1250SF 1 STORY COMMERCIAL BUILDING EXISTING 9.75'10.20'10.20'10.20'10.20' BUILDING AREA: 1525 SF BUILDING USE: OTHER REQUIRED SPACES PER SF:1/200 SF 1525 SF / 200 =7.6 8 SPACES8 SPACES 12' X 35' LOADING AREA RESTRIPE PARKING SPACES TO DIMENSIONS INDICATED. SEE CITY/COUNTY STANDARD STRIPING REQUIREMENTS. NEW DUMPSTER ENCLOSURE FOR ROLL OUT DUMPSTER 12.00'12.00'REMOVE ASPHALT IN THIS AREA . PROVIDE TOP SOIL. EXISTING DOMESTIC WATER METER AND BACKFLOW PREVENTER TO REMAIN MOTORCYCLE PARKING PROVIDE PLANTING AROUND ENCLOSURE @ 48" CENTERS. MIN 18" HIGH PLANTING. REMOVE PARKING STRIPPING ON THIS SIDE OF BUILDING 33.88'5.00' MOTORCYCLE PARKING SIGN PER CITY STANDARDS ADA PARKING SIGN PER CITY STANDARDS 11 11 11 NO PARKING SIGN PER CITY STANDARDS NEW PAINTED STOP BAR NEW STOP SIGN NEW DIRECTIONAL STRIPING. TYP ALL TRAFFIC SIGNING AND PAVEMENT ALL TRAFFIC SIGNING AND PAVEMENT MARKING SHALL COMPLY WITH THE U.S. MARKING SHALL COMPLY WITH THE U.S. DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION FEDERAL HIGHWAY ADMINISTRATION MANUAL ON UNIFORM TRAFFIC MANUAL ON UNIFORM TRAFFIC CONTROL DEVICESCONTROL DEVICES 11 NEW PAINTED STOP BAR NORTH ELEVATIONNORTH ELEVATION6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0".3"6" SOUTH ELEVATIONSOUTH ELEVATION 6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0".3"6" EAST ELEVATIONEAST ELEVATION6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0". WEST ELEVATIONWEST ELEVATION6' - 0"FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE1' - 0"FULLY WELDED GALV STEEL FRAME DOOR WITH COMPOSITE WOOD PLANK PANEL. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID (4) HEAVY DUTY GALV WELDED HINGES. EACH SIDE DOOR PULLS. GALV. GALV STOP RODS. PROVIDE PAVEMENT SLEEVES FOR BOTH OPEN AND CLOSED POSITIONS. 12' - 0".6"12' - 0".DUMPSTER ENCLOSURE PLANDUMPSTER ENCLOSURE PLAN 6", 3000PSI, FIBER REINFORCED SLAB. SLOPE TO DOOR 1/4" PER FT 18"W X 12"D CONCRETE FOOTING #5 BAR VERT @ 36"o.c. 8" SPLIT FACE CMU. GROUT ALL CELLS SOLID. HSS6X6X1/4". GROUT SOLID. WELD ALL AROUND TO 12"x12"x3/8" GALV STEEL BASE PLATE. 12' - 0". (4) 3/4" ANCHOR BOLTS. EMBED A MIN 8" INTO FOUNDATION. 24"Lx24"Wx12"D CONCRETE FOOTING CENTERED ON COLUMN. (3) 4" CONCRETE FILLED METAL BOLLARDS. 36" EMBEDED AND 36" ABOVE GRADE 8" STUCCO CAP AND TOP BAND 8" STUCCO CAP AND TOP BAND 8" STUCCO CAP AND TOP BAND PROVIDE CRICKET CONCRETE APRON TO DIVERT WATER TO EITHER SIDE OF ENCLOSURE PROJECT CONSULTANT DRAWING CERTIFICATION REVISIONS DRAWING TITLEDRAWING TITLE PROJECT #PROJECT # DATEDATE SHEET #SHEET # PO Box 780173, Orlando, FL 32828 407-990-5554 info@zkarch.com | www.zkarch.com IT IS A VIOLATION OF THE LAW FOR ANY PERSON TO ALTER THESE DRAWINGS UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT. © COPYRIGHT 2025 ZACH KASKY ARCHITECTURE, LLC ZACHARY T. KASKY LIC.# AR97739 THIS ITEM HAS BEEN ELECTRONICALLY SIGNED BY ZACHARY KASKY USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE ELECTRONIC SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES 8/6/2025 12:53:05 PMG1.00 EXISTING SURVEY AND NEW SITE PLAN BOYNTON BEACH TENANT ALTERATIONS JUNE 26, 2025 2024054 3604 BOYNTON BEACH BLVD, BOYNTON BEACH, FL 33436 Number Description Date 1 REV01 08/06/2025 1" = 20'-0"11 PROPOSED SITE PLAN 1/4" = 1'-0"22 DUMPSTER ENCLOSURE PLAN AND ELEVATIONS 951 3604 Boynton Beach Blvd, Boynton Beach, FL Curaleaf Florida LLC Annexation, Future Land Use Map, Variance, and Zoning Change Request Application Legal Description "THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS ""A"" AND ""B"", LYING NORTH OF STATE ROAD 804 AND SOUTH OF L-24 CANAL, BLOCK 10, THE PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS ""A"" AND ""B"", THENCE NORTH 00°06'51"" WEST, 155.80 FEET; THENCE NORTH 88°11'06"" EAST, 100.00 FEET; THENCE SOUTH 00°09'20"" EAST, 155.97 FEET; THENCE SOUTH 88°17'04"" WEST, 100.11 FEET TO THE POINT OF BEGINNING. CONTAINING: 15,591 SQUARE FEET/ 0.36 ACRES, MORE OR LESS. SUBJECT TO: EASEMENTS, RESERVATIONS, RESTRICTIONS, ROAD RIGHT-OF-WAY OF RECORD, IF ANY, AND TAXES FOR THE YEAR 1990 AND THEREAFTER." 952 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Curaleaf Florida LLC Annexation (2025.07.4275) APPLICANT: Curaleafl Florida LLC APPLICANT’S ADDRESS: 3604 West Boynton Beach Boulevard DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2025 APPROVAL SOUGHT: A Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. LOCATION OF PROPERTY: 3604 West Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED: __________________________ _____________________________________________ City Clerk 953 City of Boynton Beach Agenda Item Request Form 8.E Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/21/2025 Meeting Date: 10/21/2025 Development Order for the Conditional Use for American Countertops & Design LLC (COUS - 2025.06.4161). Requested Action: Approve the Development Order for Conditional Use (COUS- 2025.06.4161) for American Countertops & Design, LLC to be located at 1900 Corporate Dr., in the Planned Industrial Development (PID) zoning district. Explanation of Request: The applicant is requesting Conditional Use (COUS - 2025.06.4161) approval to operate a countertops fabrication shop at 1900 Corporate Dr, Suite 2114 & 2116, with hours of operation from 8:00 A.M. to 5:00 P.M. The subject property is currently developed with a building that was approved for industrial use (84-1088) in 1984. The subject property is generally located between W. Woolbright Rd. and SW 23 rd Ave., and between CSL Railroad and Lake Ida E-4 Canal (Lake Worth Drainage District). The gross building area of the existing building is 61,467 square feet, and the countertops fabrication shop is proposed in Suites 2114 & 2116, approximately 5,662 square feet. The applicant’s proposal includes interior renovation work only. Exterior alterations or building additions are not proposed. The Land Development Regulations require Conditional Use approval for stone cutting and finishing within the Planned Industrial Development (PID) zoning district, if located within two hundred (200) feet from a residential zoning district. The application for Conditional Use (COUS - 2025.06.4161) has been reviewed against the applicable review criteria. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A 954 Attachments: Staff Report.docx Exhibit A - Location Map.pdf Exhibit B - Project Description & Justification Statement.pdf Exhibit C - Project Plans.pdf Exhibit D - Conditions of Approval.docx Development Order _ COUS-2025.06.4161.docx 955 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Rebecca Shelton Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Development Director FROM: Yazan Bata Planner I DATE: September 2, 2025 CC Hearing Date: October 21, 2025 PROJECT: Conditional Use for American Countertops & Design LLC COUS - 2025.06.4161 REQUEST: Approve request for Conditional Use (COUS - 2025.06.4161) for American Countertops & Design LLC to be located at 1900 Corporate Dr, in the Planned Industrial Development (PID) zoning district. PROJECT DESCRIPTION Property Owner: Boynton Commerce Center LLC Applicant: Celso Pessotti Filho, American Countertops & Design LLC Location: 1900 Corporate Dr (Exhibit A – Location Map) PCN: 08-43-45-32-14-003-0032 Future Land Use: I (Industrial) Existing Zoning: PID (Planned Industrial Development) Acreage: 14.52 acres Adjacent Uses: North: Developed industrial property, classified as Industrial (I) land use and zoned Planned Industrial Development (PID); South: Developed industrial property, classified as Industrial (I) land use and zoned Planned Industrial Development (PID); East: SCL Railroad, followed by undeveloped land; further east is right-of-way of Interstate 95; and 956 Page 2 Conditional Use for American Countertops & Design LLC COUS - 2025.06.4161 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3417AA4E\@BCL@3417AA4E.docx 2 West: Lake Ida E-4 Canal (Lake Worth Drainage District); further west is developed single-family residential areas (Leisureville), classified as Low Density Residential (LDR), and zoned Single-family Residential (R1AA). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject propert y, and signs were posted for the City Commission meeting date. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The applicant is requesting Conditional Use (COUS - 2025.06.4161) approval to operate a countertops fabrication shop at 1900 Corporate Dr, Suite 2114 & 2116, with hours of operation from 8:00am to 5:00pm. The subject property is currently developed with a building that was approved for industrial use (84-1088) in 1984. The subject property is generally located between W Woolbright Rd and SW 23rd Ave, and between CSL Railroad and Lake Ida E-4 Canal (Lake Worth Drainage District). The gross building area of the existing building is 61,467 square feet, and the countertops fabrication shop is proposed in Suites 2114 & 2116, approximately 5,662 square feet. The applicant’s proposal includes interior renovation work only. Exterior alterations or building additions are not proposed. The Land Development Regulations require Conditional Use approval for stone cutting and finishing within the Planned Industrial Development (PID) zoning district, if located within two hundred (200) feet from a residential zoning district. The application for Conditional Use (COUS - 2025.06.4161) has been reviewed against the applicable review criteria. ANALYSIS Part III, Chapter 3, Article IV, Section 4.C. Standards for Evaluating Conditional Uses of the City’s Land Development Regulations (LDRs) contains the following standards to evaluate the Conditional Use application. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit B – Project Description & Justification Statement). The City Commission shall consider only such conditional uses as authorized under the terms of the LDR’s. Conditional uses may be granted as proposed or with conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens’ general welfare, or be denied when not in harmony with the intent and purpose of the Conditional Use application. In evaluating the application, the Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the approved site plan (84-1088), there is one (1) point of ingress/egress to the subject 957 Page 3 Conditional Use for American Countertops & Design LLC COUS - 2025.06.4161 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3417AA4E\@BCL@3417AA4E.docx 3 property. It is located on Corporate Drive, which directly serves the parking lot. The parking lot for the subject property adequately accommodates vehicular circulation on site, including emergency vehicles and sanitation equipment. No changes to the ingress or egress patterns are necessitated by the inclusion of the proposed countertops fabrication shop. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The existing parking lot accommodates 241 parking spaces (84-1088). The tenant has six (6) designated parking spaces - (5) regular parking spaces and one (1) ADA parking space with an ADA- compliant walkway for easy accessibility. In addition, there are two (2) designated loading/unloading spaces for pre-scheduled delivery and shipping to prevent congestion. Pursuant to Chapter 4, Article V, Section 2, E. Table 4-20. Industrial Uses, the proposed countertops fabrication shop requires one (1) parking space for each 500 square feet of gross floor area. This is in accordance with the number of parking spaces in the previously approved site plan. Therefore, no change to parking is required. According to the justification statement, expected customers will use the showroom entrance whereas delivery trucks will load/unload at the warehouse door. Therefore, the proposed use will not generate additional parking demand and safety will be maintained. The applicant is not proposing to alter the existing parking lot for the countertops fabrication shop. The existing parking lot will remain as approved and constructed. According to the justification statement, all cutting and polishing operations will take place indoors. Vibration dampers will be installed on machinery bases to minimize noise transmission, and a noise monitoring program will be in place. Moreover, wet saws, water sprays, wet polishing systems, HEPA- filtered vacuums, and local exhaust ventilation will be used to manage dust. An air purification system will be installed to ensure compliance with health and safety standards. 3. Refuse and service areas, with particular reference to the items in standards a and b above. According to information gathered from the applicant’s submission, the primary waste generated by operations consists of general office and packaging waste as well as non-hazardous stone sediment and sludge. Such waste will not be discharged into the sanitary sewer system; rather, it will be stored in sealed containers prior to the disposal of in 10-yard dumpsters, located inside the warehouse near the cutting machines. The City of Boynton Beach Garbage and Recycling, Public Works Department will handle waste removal, the applicant states. Additionally, existing dumpsters are located on multiple spots along the western property line and are accessible to commercial waste haulers. The existing dumpsters will remain as approved. 4. Utilities, with reference to locations, availability, and compatibility. The Utilities Department has reviewed the project and confirmed that the City’s water capacity is sufficient to provide the projected potable water requirements. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. 5. Screening, buffering and landscaping, with reference to type, dimensions, and character. The main purpose of the City’s landscape buffer requirements is to ensure compatibility of the proposed development with adjacent properties and to improve the appearance and character of the 958 Page 4 Conditional Use for American Countertops & Design LLC COUS - 2025.06.4161 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3417AA4E\@BCL@3417AA4E.docx 4 community by requiring quality plant material and appropriate placement. The applicable landscape buffer types are dependent on the zoning districts, uses, densities, intensities, and building height(s) of the subject property and abutting and/or adjacent properties. The subject property is located adjacent to the properties currently zoned PID (Planned Industrial Development) to north and south. As aforementioned in this report, the applicant proposes an interior renovation work only for the countertops fabrication shop, and therefore the application is not subject to landscape buffer requirements. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The applicant proposes standard signage for their business and consistent with nearby businesses. A new sign must obtain sign permit approval and meet the City’s Sign Code requirements at the time of permitting. The applicant is not proposing to alter any exterior or wall mounted lightings. Furthermore, no additional signage is anticipated with the application. 7. Required setbacks and other open spaces. The subject property is situated in the Planned Industrial Development (PID) zoning district. According to the approved site plan (84-1088), the subject property complies with the setback requirements as defined in Chapter 3, Article III, Section 6. As aforementioned in this report, neither exterior alteration nor addition is proposed. The building setbacks and landscape areas will remain as shown on the approved site plan (see Exhibit C - Project Plans). 8. General compatibility with adjacent properties, and other properties in the zoning district. With all conditions and staff recommendations contained herein, the proposed countertops fabrication shop is deemed to be compatible with the other uses within the PID zoning district and with the existing residential developments across the canal from the subject property. The proposed hours of operation from 8:00am to 5:00pm will not adversely impact the neighboring residential properties or adjacent businesses. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. According to the Building and Site Regulations for the PID zoning district, the maximum allowable building height is 45 feet. According to the approved elevations plan, the west elevation is 20 feet, which does not exceed the maximum allowable height. Therefore, the building height is compatible with adjacent and nearby properties, as well as the typical building height found on other properties within the PID zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. There should be no adverse effects on adjacent or nearby properties as a result of the proposed countertops fabrication shop. Rather, according to the justification statement, the business will create 12-16 direct jobs and will support 15-20 subcontractor jobs. Its proximity to Home Depot and Lowe’s will support local construction projects and increase business activity in the city of Boynton Beach. 959 Page 5 Conditional Use for American Countertops & Design LLC COUS - 2025.06.4161 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@3417AA4E\@BCL@3417AA4E.docx 5 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City’s Land Development Regulations. The proposed interior renovation drawings and parking requirements have been reviewed against the applicable Land Development Regulations (Part III of the City’s Code of Ordinances). Staff has concluded that the proposed interior work and parking requirements for the countertops fabrication shop proposed at 1900 Corporate Drive comply with the LDRs. However, the project is required to satisfy the Conditions of Approval (see Exhibit D - Conditions of Approval) at the time of permitting. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. The applicant’s precautionary measures to prevent negatively impacting neighboring properties are discussed within this staff report. With all conditions and staff recommendations contained herein, the proposed use is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends APPROVAL of the proposed Conditional Use (COUS - 2025.06.4161) subject to satisfying all comments indicated in Exhibit D – Conditions of Approval. Any additional conditions required by the City Commission shall be documented accordingly in the Conditions of Approval document. ATTACHMENTS 960 961 962 963 964 965 966 967 EXHIBIT “D” Conditions of Approval Project Name: American Countertops and Design LLC File number: COUS - 2025.06.4161 Reference: 3rd review of plans and documents identified as a Conditional Use submitted on September 2, 2025 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: None X PLANNING AND ZONING Comments: 1. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning Division one (1) week prior to the first public hearing. X 2. Approval of the Conditional Use application does not grant business approval. The applicant shall obtain necessary approvals from the City and other governmental agencies prior to operation of the business. X 3. The subject property shall obtain all required governmental approvals prior to the installation of any signage, pursuant to Chapter 4, Article IV. Sign Standards of the City’s Land Development Regulations. X POLICE / FIRE Comments: None. BUILDING Comments: None. CITY COMMISSION CONDITIONS Comments: TBD 968 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: American Countertops & Design LLC (COUS-2025.06.4161) APPLICANT: Celso Pessotti, American Countertops and Design LLC APPLICANT’S ADDRESS: 1900 Corporate Dr, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2025 APPROVAL SOUGHT: Approve request for Conditional Use (COUS - 2025.06.4161) for American Countertops & Design LLC to be located at 1900 Corporate Dr, in the Planned Industrial Development (PID) zoning district. LOCATION OF PROPERTY: 1900 Corporate Dr DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED: __________________________ _____________________________________________ City Clerk 969 City of Boynton Beach Agenda Item Request Form 8.F Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/21/2025 Meeting Date: 10/21/2025 Proposed Ordinance No. 25-034- First Reading, an Ordinance of the City of Boynton Beach, Florida, amending Code of Ordinances Part III, Land Development Regulations, Chapter 2, Land Development Process, Article VI, Impact and Selected Fees, and providing an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-034. Explanation of Request: The proposed amendment establishes a phased implementation schedule for the City’s Mobility Fee to ease the transition for the development community and encourage early compliance. Rather than assessing the full fee immediately upon adoption, the amendment introduces a three-year discount period that gradually decreases over time. Under the proposed structure, developments issued permits between October 1, 2025, and September 30, 2026, would receive a 15% discount on the total calculated Mobility Fee. The discount would then decrease to 10% for the following year (October 1, 2026 – September 30, 2027) and to 5% during the third year (October 1, 2027 – September 30, 2028). Beginning October 1, 2028, the full Mobility Fee would apply with no discount. The amendment also includes a provision addressing potential State-mandated discounts or credits. If the State of Florida enacts legislation requiring any reduction in mobility fee assessments, the City’s discount will be adjusted accordingly so that the total combined discount does not exceed the percentages outlined in the phased schedule. Additionally, the amendment clarifies the calculation methodology for multi-family residential developments. The total square footage for multi-family uses will be based on the habitable area of dwelling units and excludes common areas, lobbies, leasing offices, and residential amenities not accessible to the public. This phased approach is consistent with the implementation strategy used for the City’s updated Parks and Recreation Impact Fees, which went into effect in 2024 and provided a similar transition period for the development community. 970 Overall, this amendment balances the City’s goal of implementing the Mobility Fee program to support multimodal transportation investments while providing predictability and fairness to the development community during the initial rollout period. How will this affect city programs or services? The collection of the fees help fund projects identified in the City's adopted mobility plan. Account Line Item and Description: N/A Attachments: Ord. 25-034 Amending_Land_Use_Regulations_Mobility_Fee.docx CDRV 25-009 Mobility Phased Implementation.docx Business-impact-estimate_Agenda Item 3825-2025.docx 971 ORDINANCE NO. 25-034 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND 4 DEVELOPMENT REGULATIONS,” CHAPTER 2 “LAND DEVELOPMENT 5 PROCESS,” ARTICLE VI “IMPACT AND SELECTED FEES;” TO ESTABLISH 6 A PHASED IMPLEMENTATION SCHEDULE FOR THE CITY’S MOBILITY 7 FEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Part III “Land Development Regulations,” Chapter 2 “Land Development 12 Process,” Article VI “Impact and Selected Fees,” of the City’s Code of Ordinances currently 13 establishes mobility fees; and 14 WHEREAS, the Planning and Zoning Department would like to amend the mobility fee 15 schedule to establish a phased implementation schedule for the City’s mobility fee to ease the 16 transition for the development community and encourage early compliance; and 17 WHEREAS, the amendment also clarifies the calculation methodology for multi-family 18 residential developments by defining the total square footage as habitable dwelling unit area, 19 specifically excluding common areas, lobbies, leasing offices, and residential amenities not 20 accessible to the general public; and 21 WHEREAS, the City Commission has determined that this amendment serves the public 22 health, safety, and welfare of the citizens of the City of Boynton Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA: 25 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 26 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 27 972 ORDINANCE NO. 25-034 Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Part III “Land Development Regulations,” Chapter 2 “Land Development 28 Process,” Article VI “Impact and Selected Fees,” Section 10 “Mobility Fees,” is hereby amended to 29 read as follows: 30 PART III LAND DEVELOPMENT REGULATIONS 31 … 32 CHAPTER 2. LAND DEVELOPMENT PROCESS 33 … 34 ARTICLE VI. IMPACT AND SELECTED FEES 35 … 36 Sec. 10. Mobility Fees 37 … 38 c. Mobility Fee Imposition. The mobility fee imposed by this section shall apply to new 39 applications for development permits issued on or after May 20, 2025, for future development 40 that results in an increase in person travel demand above and beyond the current use of 41 property. 42 … 43 3. Mobility Fee Schedule. Any person who shall initiate any new impact generating land 44 development activity, except as otherwise provided for herein, shall pay a mobility fee, 45 based on the applicable assessment area established in the mobility plan and mobility fee 46 technical report, as set forth in the following Mobility Fee Schedule: 47 48 Mobility Fee Schedule Use Categories, Use Classifications, and Representative Uses Mobility Fee … 49 Mobility Fee Schedule Footnotes 1 Single-Family Residential Square Feet is the sum of the area (in square feet) of each dwelling unit measured from the exterior surface of the exterior walls. 2 Multi-Family Residential Square Feet is the sum of the area (in square feet) of each buildings total habitable area of dwelling units. Measured from the exterior surface of the exterior walls. This includes Areas not included in the calculation are common areas, lobbies, leasing offices, and residential amenities not accessible to the public. Retail or office square footage leased to a third 973 ORDINANCE NO. 25-034 Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. party would pay the applicable mobility fee rate. Square footage does not include parking garages or structures. 3 Any retail, office, or non-residential square footage that is leased to a third-party use to provides drinks, food, goods, or services to the public shall be required to pay the applicable mobility fee per the individual uses identified in the mobility fee schedule. … 50 Phased Implementation of Mobility Fee: 51 52 To support a smooth transition and encourage early compliance, the City will implement 53 the Mobility Fee on a phased basis. During the initial three years of adoption, a discount 54 shall be applied to the total calculated fee due at the time of permit issuance. 55 Discount Schedule: 56 Effective October 1, 2025 – September 30, 2026 57 A 15% discount shall be applied to the total calculated Mobility Fee. 58 Effective October 1, 2026 – September 30, 2027 59 A 10% discount shall be applied to the total calculated Mobility Fee. 60 Effective October 1, 2027 – September 30, 2028 61 A 5% discount shall be applied to the total calculated Mobility Fee. 62 Effective October 1, 2028, and thereafter 63 The full Mobility Fee shall be assessed with no discount applied. 64 The discount shall be applied uniformly to all development projects subject to the Mobility 65 Fee. If the State of Florida mandates a discount, waiver, or credit for mobility fees, the City’s 66 phased discount shall be reduced by the amount of the State-mandated discount. Under 67 no circumstance shall the combined discount exceed the percentage amounts established 68 in the schedule above. No additional reductions, waivers, or credits beyond those provided 69 in the City Code shall be permitted. 70 … 71 D. Mobility fee determination. 72 73 … 74 Section 3: Codification. It is the intention of the City Commission of the City of 75 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 76 974 ORDINANCE NO. 25-034 Page 4 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 77 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 78 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 79 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 80 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 81 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 82 provisions of this Ordinance. 83 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 84 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 85 conflict. 86 Section 6: Effective Date. This Ordinance shall take effect immediately upon 87 passage. 88 [Signature Page to Follow] 89 975 ORDINANCE NO. 25-034 Page 5 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 90 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 91 CITY OF BOYNTON BEACH, FLORIDA 92 YES NO 93 94 Mayor – Rebecca Shelton _____ _____ 95 96 Vice Mayor – Woodrow L. Hay _____ _____ 97 98 Commissioner – Angela Cruz _____ _____ 99 100 Commissioner – Thomas Turkin _____ _____ 101 102 Commissioner – Aimee Kelley _____ _____ 103 104 VOTE ______ 105 ATTEST: 106 107 108 _____________________________ 109 Maylee DeJesús, MMC Rebecca Shelton 110 City Clerk Mayor 111 112 APPROVED AS TO FORM: 113 (Corporate Seal) 114 115 Shawna G. Lamb 116 City Attorney 117 976 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 2. LAND DEVELOPMENT PROCESS … ARTICLE VI. IMPACT AND SELECTED FEES … Sec. 10. Mobility Fees … c. Mobility Fee Imposition. The mobility fee imposed by this section shall apply to new applications for development permits issued on or after May 20, 2025, for future development that results in an increase in person travel demand above and beyond the curre nt use of property. … 3. Mobility Fee Schedule. Any person who shall initiate any new impact generating land development activity, except as otherwise provided for herein, shall pay a mobility fee, based on the applicable assessment area established in the mobility plan and mobility fee technical report, as set forth in the following Mobility Fee Schedule: Mobility Fee Schedule Use Categories, Use Classifications, and Representative Uses Mobility Fee … Mobility Fee Schedule Footnotes 1 Single-Family Residential Square Feet is the sum of the area (in square feet) of each dwelling unit measured from the exterior surface of the exterior walls. 2 Multi-Family Residential Square Feet is the sum of the area (in square feet) of each buildings total habitable area of dwelling units. Areas not included in the calculation are common areas, lobbies, leasing offices, and residential amenities . Retail or office square footage pay the applicable mobility fee rate. Square footage does not include parking garages or structures. 3 Any retail, office, or non-residential square footage that is leased to a third-party use to provides drinks, food, goods, or services to the public shall be required to pay the applicable mobility fee per the individual uses identified in the mobility fe e schedule. … Phased Implementation of Mobility Fee: To support a smooth transition and encourage early compliance, the City will implement the Mobility Fee on a phased basis. During the initial three years of adoption, a discount shall be applied to the total calculated fee due at the time of permit issuance. Discount Schedule: Effective October 1, 2025 – September 30, 2026 A 15% discount shall be applied to the total calculated Mobility Fee. Effective October 1, 2026 – September 30, 2027 A 10% discount shall be applied to the total calculated Mobility Fee. Effective October 1, 2027 – September 30, 2028 A 5% discount shall be applied to the total calculated Mobility Fee. Effective October 1, 2028, and thereafter The full Mobility Fee shall be assessed with no discount applied. The discount shall be applied uniformly to all development projects subject to the Mobility Fee. If the State of Florida mandates a discount, waiver, or credit for mobility fees, the City’s phased 977 discount shall be reduced by the amount of the State -mandated discount. Under no circumstance shall the combined discount exceed the percentage amounts establishe d in the schedule above. No additional reductions, waivers, or credits beyond those provided in the City Code shall be permitted. … D. Mobility fee determination. 978 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND DEVELOPMENT REGULATIONS,” CHAPTER 2 “LAND DEVELOPMENT PROCESS,” ARTICLE VI “IMPACT AND SELECTED FEES”; TO ESTABLISH A PHASED IMPLEMENTATION SCHEDULE FOR THE CITY’S MOBILITY FEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 979 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 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 proposed amendment establishes a phased implementation schedule for the City’s Mobility Fee to ease the transition for the development community and encourage early compliance. Rather than assessing the full fee immediately upon adoption, the amendment introduces a three-year discount period that gradually decreases over time. Under the proposed structure, developments issued permits between October 1, 2025, and September 30, 2026, would receive a 15% discount o n the total calculated Mobility Fee. The discount would then decrease to 10% for the following year (October 1, 2026 – September 30, 2027) and to 5% during the third year (October 1, 2027 – September 30, 2028). Beginning October 1, 2028, the full Mobility Fee would apply with no discount. The amendment also includes a provision addressing potential State -mandated discounts or credits. If the State of Florida enacts legislation requiring any reduction in mobility fee assessments, the City’s discount will be adjusted accordingly so that the total combined discount does not exceed the percentages outlined in the phased schedule. Additionally, the amendment clarifies the calculation methodology for multi -family residential developments. The total square footage for multi-family uses will be based on the habitable area of dwelling units and excludes common areas, lobbies, leasing offices, and residential amenities not accessible to the public. This phased approach is consistent with the implementation strateg y used for the City’s updated Parking Impact Fees, which went into effect in 2024 and provided a similar transition period for the development community. Overall, this amendment balances the City’s goal of implementing the Mobility Fee program to support multimodal transportation investments while providing predictability and fairness to the development community during the initial rollout period. 980 Page 3 of 3 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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 981 City of Boynton Beach Agenda Item Request Form 9.A City Manager’s Report 10/21/2025 Meeting Date: 10/21/2025 Receive update on the status of future agenda items. Requested Action: In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of October 14, 2025. Explanation of Request: In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of October 14th, 2025. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Future Agenda Status Update_102125.pdf 982 Future Item(s)Description Requested By:Department Employee Status Date on CC agenda A.Update on the City's Strategic Planning efforts.Vice Mayor Hay Economic Development Gigi Chazu Staff will provide presentation at the meeting. November 4, 2025 B. Joint City and CRA Workshop Requested by City Commission and CRA Board.City Manager Andrew Mack Staff working with CRA staff to create the agenda. November 8, 2025 C.Quarterly joint City/CRA coordination meeting Requested by City Commission and CRA Board.City Manager Andrew Mack Staff working with CRA staff to create the agenda. January 13, 2025 D.Discussion regarding creating a beautification board.Commissioner Turkin Public Works Kevin Ramsey No Staff action; pending discussion/ direction by the City Commission.TBD E.Discussion regarding Citywide Master Plan to light up the City.Commissioner Turkin Public Works Kevin Ramsey Staff plans to add this topic on the agenda for the November 8, 2025 joint CRA/City workshop.November 8, 2025 F.Discussion on utility lift station upgrades and odor control.Vice Mayor Hay Utilities Poonam Kalkat No Staff action; pending discussion/ direction by the City Commission.TBD G. Discussion in regards to an additional area that might be available as a future cemetery. Vice Mayor Hay Public Works Kevin Ramsey Staff is still in the process of locating potential properties for consideration.TBD H. Discussion regarding combining City properties together to create senior affordable housing. Vice Mayor Hay Planning & Development Amanda Radigan No Staff action; pending discussion/ direction by the City Commission.TBD I. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community. Commissioner Cruz. Building John Kuntzman We will be rescheduling a meeting with Staff, Commissioner Cruz, and stakeholders to discuss flooding/drainage concerns the stakeholders have. On 04/08/2025 staff followed up with Commissioner Cruz asking if she would like to still meet with stakeholders to discuss flooding/drainage concerns. Pending follow-up meeting w/Commissioner Cruz and Stakeholders J. Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard. Commissioner Turkin Police Department Joe DeGiulio Funding was allocated in FY 25-26 budget, purchase order has been issued, and work should begin in the next 45-60 days.TBD K. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks Commissioner Cruz. Planning & Development Amanda Radigan No Staff action; pending discussion/ direction by the City Commission.TBD L.Follow-up report on the State of Florida DOGE request.Commissioner Turkin Finance Department Alan Lawson Staff submitted all requested information to the state on July 16, 2025.TBD M. Discussion regarding having a Legislative Action workshop by the Commission Commissioner Turkin City Manager Candace Walls Staff working with state and federal lobbyists to coordinate a meeting or schedule one on one meeting with each Commissioner.TBD 10/14/2025 1 of 1983 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 10/21/2025 Meeting Date: 10/21/2025 Discussion regarding parking Ordinance. Requested Action: Proposed Ordinance No. 25-018- Second Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 14 "Motor Vehicles and Traffic," Section 14- 5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. This item was tabled at the September 2nd Commission Meeting. Explanation of Request: The City's current parking regulations under Section 14-5 have not been comprehensively updated since 2004. Staff has conducted a comparative analysis of Boynton Beach's parking standards against various municipalities located in Palm Beach County to identify potential improvements and modernization opportunities. Proposed changes include: Removed language allowing vehicles to park within the public right-of-way. Added language prohibiting parking, stopping, standing, at any time within the right-of- way, public or private yards, swales, or easements adjacent to a paved or unpaved road or street. Added an exception allowing temporary parking in a yard for social or other events held at a residence, provided such parking shall not exceed eight (8) hours in a twenty-four (24) hour period. How will this affect city programs or services? May need to outsource additional Code Enforcement Officer or Parking Enforcement Officers to consistently enforce. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance No. 25-018 Agenda_Item_3536- 2025_Ordinance_to_Prohibit_stopping_standing_parking_in_specific_places.docx business-impact-estimate-3536-2025.docx 984 ORDINANCE NO. 25-XXX Page 1 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 1 AMENDING CODE OF ORDINANCES CHAPTER 14, “MOTOR VEHICLES 2 AND TRAFFIC,” SECTION 14-5 “STOPPING, STANDING, PARKING, OR 3 STORAGE PROHIBITED IN SPECIFIED PLACES,” CLARIFYING 4 PROHIBITIONS AND CREATING NEW SECTIONS THEREUNDER; 5 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND 6 PROVIDING AN EFFECTIVE DATE. 7 WHEREAS, the City of Boynton Beach, Florida’s (“City”) current parking regulations 8 under Section 14-5 have not been comprehensively updated since 2004; and 9 WHEREAS, City staff has conducted a comparative analysis of the City’s parking 10 standards against various municipalities located in Palm Beach County to identify potential 11 improvements and modernization opportunities; and 12 WHEREAS, staff has determined that the proposed change will clarify and uniformly 13 regulate residents’ ability to park or stop in certain city areas. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 15 BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing “Whereas” clauses are true and correct and incorporated 17 herein by this reference. 18 Section 2. Chapter 14 “Motor Vehicles and Traffic,” Section 14-5 “Stopping, 19 standing, parking, or storage prohibited in specified places” is hereby amended to read as 20 follows: 21 985 ORDINANCE NO. 25-XXX Page 2 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Sec. 14-5. Stopping, standing, parking, or storage prohibited in specified places. 22 *** 23 (1) Stopping, standing, parking, or storing a vehicle: 24 *** 25 b. On a sidewalk. or in any location where a vehicle obstructs, blocks, or impedes 26 pedestrian traffic on any sidewalk, whether on public or private property. 27 *** 28 (4) No vehicle can be stored on the public right-of-way. A vehicle shall be 29 considered stored, as opposed to parked, when the vehicle is not operated and moved, for a 30 minimum of one-half (½) hour, at least once during a thirty-six (36) hour period. No person 31 shall at any time stop, stand, park, or allow to be parked a vehicle on public right-of-way, a 32 public or private yard, swale, or easement adjacent to a paved or unpaved road or street. This 33 provision shall not apply during an "open house" or other special or social event in areas where 34 temporary parking is permitted by the host or neighbors and is parked in a manner that does 35 not obstruct traffic flow. 36 a. Temporary parking of vehicles in a yard is permitted for social or other events 37 held at a residence, provided such parking shall not exceed eight (8) hours in a 38 twenty-four (24) hour period. 39 b. The foregoing exception does not apply to short-term rentals. 40 (5) No vehicle can be parked or stored on the public right-of-way for any period 41 of time unless the front, rear, and side reflectors and the license plate are visible; and except 42 where adequate provision for motor vehicles has been provided by marked spaces or where 43 signs clearly indicating that vehicle parking is permitted have been posted at such locations. 44 (6) Stand or park a vehicle, whether occupied or not, in a designated parking space 45 on or along any street, roadway, or right-of-way under the jurisdiction of the Florida 46 Department of Transportation in contravention toof the parking restrictions set forth in any 47 general use permit issued to the City by the Florida Department of Transportation. A general 48 use permit authorizes the City to restrict the hours of continuous parking along a designated 49 street, roadway, or right-of-way, and to install and maintain signage specifying the continuous 50 parking restriction, the hours induring which the restriction is applicable, and the street, 51 roadway, or right-of-way on which the restriction is applicable. Signage in accordance with 52 986 ORDINANCE NO. 25-XXX Page 3 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. this section and the general use permit shall be conspicuously posted identifying the restricted 53 parking zone and the hours in which the restricted parking is applicable. 54 *** 55 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 56 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 57 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of 58 this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed 59 to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 63 64 [SIGNATURES ON THE FOLLOWING PAGE] 65 66 987 ORDINANCE NO. 25-XXX Page 4 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________________________, 2025. 67 SECOND, FINAL READING AND PASSAGE this _____ day of ___________________, 68 2025. 69 70 CITY OF BOYNTON BEACH, FLORIDA 71 YES NO 72 Mayor – Rebecca Shelton _____ _____ 73 74 Vice Mayor – Woodrow L. Hay _____ _____ 75 76 Commissioner – Angela Cruz _____ _____ 77 78 Commissioner – Thomas Turkin _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 VOTE ______ 83 ATTEST: 84 85 _____________________________ ______________________________ 86 Maylee De Jesús, MPA, MMC Rebecca Shelton 87 City Clerk Mayor 88 89 APPROVED AS TO FORM: 90 (Corporate Seal) 91 92 _______________________________ 93 Shawna G. Lamb 94 City Attorney 95 988 Page 1 of 2 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: 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 14, “MOTOR VEHICLES AND TRAFFIC,” SECTION 14-5 “STOPPING, STANDING, PARKING, OR STORAGE PROHIBITED IN SPECIFIED PLACES,” AND CREATING NEW SECTIONS THEREUNDER, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. 989 Page 2 of 2 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 proposed ordinance change will provide clarity and consistency as to residents’ ability to park or stop in certain areas located within the City 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): None. 990