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Agenda 12-02-25
The City of Boynton Beach City Commission Agenda Tuesday, December 2, 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.Proclamation for December 2025 as Impaired Driving Awareness Month. B.City Announcements. C.Year-end Red Light Camera Presentation. 4.Public Audience 5.Administrative A.Advisory Board Appointments Roll Call. Invocation by Vice Mayor Woodrow Hay. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Proclamation recognizing December 2025, as Impaired Driving Awareness Month. The proclamation will be accepted by Sgt Munro (Traffic Unit) and Officer Alexis (DUI Enforcement). DUI Vigil - December 3rd – 5:30 P.M. to 7 P.M. at Centennial Park, Hosted by BBPD Holiday Tree Lighting- December 5th – 5 P.M. to 9 P.M. at Centennial Park Holiday Parade - December 6th - 4 P.M.to 6 P.M. Federal Highway from Woolbright Road to Boynton Beach Blvd Congress Middle School Holiday Show (Rental)- December 17th – 6:30 P.M. to 8 P.M. Vegetation Amnesty Week - December 8th through December 12th System wide free chlorine flush for routine maintenance of the water distribution system from January 8, 2026, to January 29, 2026 Boynton Beach Police Department's Traffic Unit will present the year-end Red Light Camera data to the City Commission. 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). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 4 B.2026 City Commission Calendar of Meetings, and discussion about the January 6th Commission Meeting. 6.Consent Agenda A.Proposed Resolution No. R25-309- Approving the Facility Use Agreement between the City of Boynton Beach and Congress Middle School for the 2025 Holiday Concert on December 17, 2025, at Centennial Park and Amphitheater. B.Proposed Resolution No. R25-310- Ratify the City's application for the FY25 Office of Justice Programs Community Based Violence Intervention and Prevention Initiative (CVIPI) through the Bureau of Justice Assistance, Department of Justice Office, and authorizing the Mayor to accept the grant, if awarded, and execute all future documents associated with the grant, subject to approval by the City Attorney. C.Proposed Resolution No. R25-311- Authorizing the Police Department to apply for the Florida Department of Law Enforcement (FDLE) Project Safe Neighborhoods (PSN) Southern District Grant for the 2025/2026 funding cycle; and, if awarded, authorizing the Mayor to accept the grant and execute all necessary documents associated with the grant, subject to approval by the City Attorney. D.Proposed Resolution No. R25-312- Authorization to Reduce Allowance for Uncollectible Accounts and Accounts Receivable for FY2025 Write-Off Process, and Establishment of a Monthly Write-Off Budget for ALS Invoices. E.Proposed Resolution No. R25-313- Approve an Interlocal Agreement (ILA) between the City of Delray Beach and the City of Boynton Beach to share the Construction Cost to rehabilitate Gulfstream Boulevard (AKA SE 36th Ave). Proposed Resolution No. R25-314- Approve a Budget Amendment for Fiscal Year 2025-2026, amending the Capital Appropriation for the Gulfstream Boulevard Construction project. F.Proposed Resolution No. R25-315- Approving the Settlement Agreement and Full and Final General Release in the matter of John Guerrero v. City of Boynton Beach, totaling $200,000. G.Proposed Resolution No. R25-316- Approving the Settlement Agreement and Full and Final General Release in the matter of Christina Sortore v. City of Boynton Beach, totaling $100,000. Approve City Commission and Agenda Review Workshop meeting dates for 2026. Staff would like to recommend cancelling the January 6th meeting. Staff recommends approval of Proposed Resolution No. R25-309. Staff recommends approval of Proposed Resolution No. R25-310. Staff recommends approval of Proposed Resolution No. R25-311. Staff recommends approval of Proposed Resolution No. R25-312. Staff recommends approval of Proposed Resolution No. R25-313 and Resolution No. R25-314. Staff recommends approval of Proposed Resolution No. R25-315. 5 H.Proposed Resolution No. R25-323- Approving the Settlement Agreement and Full and Final General Release in the matter of Rodney Innocent & Lissette Perez- Innocent v. City of Boynton Beach for $67,500 each, totaling $135,000. I.Proposed Resolution No. R25-325- Ratifying the MOU for the Logistics Quartermaster position in the Fire Department. 7.Consent Bids and Purchases A.Proposed Resolution No. R25-317- Approval for termination of contracts with Nationwide, Empower, and Mission Square as the 457 Employee Plan providers. B.Proposed Resolution No. R25-318- Approve contracts with Nationwide as the 457 Employee Plan provider and Burgess Chambers and Associates as the City's financial advisor, and authorize the Mayor or City Manager to execute all ancillary documents necessary to implement the agreements, including supplemental provider agreements with Schwab and additional external investment account providers related to the 457 Investment Plan, subject to approval of the Finance Director and City Attorney's Office. C.Proposed Resolution No. R25-319- Approve a Piggyback Agreement for the purchase of sodium hypochlorite from Allied Universal Corporation in the amount of $892,500, utilizing the rates of the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 519-2. D.Proposed Resolution No. R25-320- Award Invitation to Bid No. 25-093B for the I-95 & Boynton Beach Boulevard Interchange Utility Relocation Project to Johnson-Davis, Inc., and approve an Agreement between the City and Johnson-Davis, Inc. in the amount of $2,140,275 with an additional 10% contingency in the amount of $214,027.50 for staff-authorized change orders to address unforeseen conditions, bringing the total not-to-exceed contract and purchase order amount to $2,354,302.50. E.Proposed Resolution No. R25-321- Approve Task Order No. GESUT-1A-01-25 with Carollo Engineers, Inc. for professional engineering services, including project management, contract specifications, bid assistance, design services, and construction management services for the East Water Treatment Plant Lime Softening Basin Structure Repair Project in an amount not to exceed $120,025. F.Proposed Resolution No. R25-322- Approve the Utilities Department’s request to declare the two chillers and related components at the District Energy Service Plant Staff recommends approval of Proposed Resolution No. R25-316. Staff recommends approval of Proposed Resolution No. R25-323. Staff recommends the approval of Proposed Resolution No. R25-235. Staff recommends approval of Proposed Resolution No. R25-317. Staff recommends approval of Proposed Resolution No. R25-318. Staff recommends approval of Proposed Resolution No. R25-319. Staff recommends approval of Proposed Resolution No. R25-320. Staff recommends approval of Proposed Resolution No. R25-321. 6 as surplus property and authorize the use of the City's approved auction and surplus disposal methods to facilitate their sale. G.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 December 2, 2025 - Amendment Request for Bid Extensions and/or Piggybacks. H.Proposed Resolution No. R25-324- Award Invitation to Bid No. PWE24-008 for the S.E. 1st Street Improvement Project to R&D Paving, LLC for a project amount of $4,855,166.07 plus a contingency of $485,516.61, totaling $5,340,682.68, of which $1,500,000 will be paid by federal grant funding passed-through FDOT. 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 Major Site Plan Modification (MSPM-2024.11.73304) for a new 32,000- square-foot warehouse facility for Feeding South Florida. B.Proposed Ordinance No. 25-045- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. 9.City Manager’s Report 10.Regular Agenda A.Proposed Ordinance No. 25-046- First Reading of an Ordinance of the City of Boynton Beach, Florida, Adopting the City's Five-Year Capital Improvement Program for Fiscal Years 2026 through 2030. Staff recommends approval of Proposed Resolution No. R25-322. Staff Recommends Approval Staff recommends approval of Proposed Resolution No. R25-324. Approve request for a Major Site Plan Modification (MSPM-2024.11.73304) to construct a new 32,000-square-foot warehouse facility and associated site improvements on the southern parcel of the Feeding South Florida campus within Quantum Park. The new building will function as an operational expansion of the existing 25,775-square-foot warehouse on the northern parcel. Both parcels are to be joined through a recorded Unity of Title. Staff recommends approval of Proposed Ordinance No. 25-045, at first reading. Staff recommends the approval of Proposed Ordinance No. 25-046, on First Reading. 7 B.Discussion regarding city-wide lighting audit and evaluation. C.Discussion regarding referendum questions for March 2026 Municipal Election. D.Discussion on amending the General Employees' Pension ordinance to allow the Public Safety Chiefs to opt into the General Employees' Pension Plan. 11.Future Agenda Items A.Quarterly joint City/CRA coordination meeting - January 13, 2026 B.Discussion regarding combining City properties together to create senior affordable housing.- January 13, 2026 (CRA/City Joint meeting) C. Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD D.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 E.Discussion regarding creating a beautification board. - TBD F.Discussion in regards to an additional area that might be available as a future cemetery.- TBD G.Discussion on utility lift station upgrades and odor control - TBD H.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD 12.Adjournment Requested by Commissioner Turkin. Discuss whether to move forward with the referendum questions on the March 2026 Municipal Election, for Ordinance No. 25-037, Ordinance No. 25-038, Ordinance No. 25-041. Provide direction to Pension Attorney to draft proposed changes to the general employee pension ordinance. Requested by City Commission and CRA Board. Requested by Vice Mayor Hay. Requested by Commissioner Cruz Requested by Commissioner Cruz. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Notice 8 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. 9 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 12/ 2/2025 Meeting Date: 12/ 2/2025 Proclamation for December 2025 as Impaired Driving Awareness Month. Requested Action: Proclamation recognizing December 2025, as Impaired Driving Awareness Month. The proclamation will be accepted by Sgt Munro (Traffic Unit) and Officer Alexis (DUI Enforcement). Explanation of Request: The City of Boynton Beach recognizes the importance of honoring those who have been killed or injured in drunk and drugged driving crashes, as a result of alcohol or substance impaired driving consequences, as well as anyone who has been emotionally devastated by these violent crimes. How will this affect city programs or services? There is no affect on City programs or services for this item. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Impaired Driving Awareness Month.docx 10 Proclamation WHEREAS, the City of Boynton Beach recognizes the importance of honoring those who have been killed or injured in drunk and drugged driving crashes, as a result of any alcohol or substance impaired driving consequences, as well as anyone who has been emotionally devastated by these violent crimes; and WHEREAS, in 2024 Palm Beach County had 2,116 drivers arrested for driving under the influence of alcohol or narcotics, there were 1,031 total crashes, 65 serious injuries and 52 fatalities all caused by impaired drivers; and WHEREAS, December is National Impaired Driving Awareness Month, and November and December are the deadliest months of the year for drunk driving crashes; and WHEREAS, Mothers Against Drunk Driving, Palm Beach County’s Public Safety Department Victim Services Division are working to create a future of No More Victims and support victims and survivors at no charge; and WHEREAS, Mothers Against Drunk Driving, Palm Beach County’s Public Safety Department Victim Services Division, and the Boynton Beach Police Department will host a candlelight vigil in the City of Boynton Beach on December 3rd to honor victims and survivors; and WHEREAS, all citizens are urged to join in the local efforts to raise awareness and to honor the lives of those killed or injured as a result of drunk driving, drugged driving or underage drinking consequences: and NOW, THEREFORE, I, Rebecca Shelton, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of December, Two Thousand Twenty-Five as: IMPAIRED DRIVING AWARENESS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach Florida, the 2nd day of December, Two Thousand Twenty-Five. Rebecca Shelton, Mayor ATTEST: Maylee De Jesús, MPA, MMC City Clerk 11 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 12/ 2/2025 Meeting Date: 12/ 2/2025 City Announcements. Requested Action: DUI Vigil - December 3rd – 5:30 P.M. to 7 P.M. at Centennial Park, Hosted by BBPD Holiday Tree Lighting- December 5th – 5 P.M. to 9 P.M. at Centennial Park Holiday Parade - December 6th - 4 P.M.to 6 P.M. Federal Highway from Woolbright Road to Boynton Beach Blvd Congress Middle School Holiday Show (Rental)- December 17th – 6:30 P.M. to 8 P.M. Vegetation Amnesty Week - December 8th through December 12th System wide free chlorine flush for routine maintenance of the water distribution system from January 8, 2026, to January 29, 2026 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: Holidays Flyer (Presentation).pdf Vegetation Flyer.pdf 12 H O L I D A Y P A R A D ETREE L I G H T I N G Boynton Beach J O I N I N O N T H E H O L I D A Y F E S T I V I T I E S I N B O Y N T O N B E A C H S a t u r d a y , D e c e m b e r 6 | 4 p m -6 p m D o w n t o w n B o y n t o n F r i d a y , D e c e m b e r 5 | 5 p m -9 p m C e n t e n n i a l P a r k & A m p h i t h e a t e r 13 Cut branches to 4 ft. lengths and 4 in. diameter Leave 3 ft. of space around piles and obstructions Keep vegetation separate from bulk trash or debris Veg e tat io n Amnes ty We e k December 8–12, 2025 Get your yard holiday- ready during Vegetation Amnesty Week. Residents may place more than 3 cubic yards of vegetation for pickup on their regular bulk day, no fees during this week. Solid Waste Division (561) 742-6000 | Monday–Friday, 7:30 A.M.–4:30 P.M. Guidelines:...14 City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 12/ 2/2025 Meeting Date: 12/ 2/2025 Year-end Red Light Camera Presentation. Requested Action: Boynton Beach Police Department's Traffic Unit will present the year-end Red Light Camera data to the City Commission. Explanation of Request: Year-end presentation of Red Light Camera data in accordance with section 316.0083, Florida Statutes. How will this affect city programs or services? N/A - this is informational only. Account Line Item and Description: N/A Fiscal Impact: N/A - this is informational only. Attachments: RLC Presentation 2025 Commission Presentation.pptx 15 City of Boynton BeachRed Light Camera Safety Program 2025 16 Red Light Camera Program City of Boynton Beach implemented the Red-Light Camera Program in 2011 through Verra Mobility; formerly known as ATS. Verra Mobility red-light safety camera program provides an EFFECTIVE, EQUITABLE TOOL for communities that are determined to REDUCE RED-LIGHT RUNNING and KEEP PEOPLE SAFE. Why do we need Red Light cameras? Reduce Red-Light Running Enhance safety to the public Maximize enforcement Educate the public Violator Funded Safety Solutions 17 Current RLC Locations Site DIR Street Cross Street 2022-2023 NOV/TRAFFIC VOL 2023/2024 NOV/TRAFFIC VOL 2024/2025 NOV/TRAFFIC VOL BB01 NB S Federal Hwy SE 23rd Ave 5,964/4,140,667 5,836/4,305,592 3,827/4,287,010 BB02 SB S Federal Hwy SE 23rd Ave 4,841/4,182,330 4,542/4,316,235 2,977/4,222,484 BB03 NB N Congress Ave W Gateway Blvd 1,401/4,986,796 1,356/4,947,251 700/5,110,453 BB04 EB W Gateway Blvd N Congress Ave 1,445/3,108,898 935/3,237,332 416/2,925,369 BB05 NB N Congress Ave W Boynton Beach Blvd 1,654/3,659,395 1,734/3,601,174 804/3,088,099 BB07 EB W Boynton Beach Blvd N Congress Ave 3,740/4,979,707 3,619/4,954,042 2,199/5,088,186 BB09 NB S Congress Ave W Woolbright Rd 872/3,921,230 1,016/4,167,761 514/3,376,941 BB10 SB S Congress Ave W Woolbright Rd 1,816/3,570,613 1,714/3,501,421 928/2,824,504 • Dates run from July 1 st to June 30th the following year. 18 Current RLC Locations (Continued) • Dates run from July 1 st to June 30th the following year. Site DIR Street Cross Street 2022-2023 NOV/TRAFFIC VOL 2023-2024 NOV/TRAFFIC VOL 2024-2025 NOV/ TRAFFIC VOL BB11 EB W Woolbright Rd S Congress Ave 1,989/3,150,821 1,862/3,406,009 891/2,502,125 BB12 WB W Woolbright Rd S Congress Ave 2,357/3,686,794 2,463/3,970,995 873/3,062,052 BB13 WB W Gateway Blvd S Congress Ave 1,388/3,617,995 1,295/3,677,358 843/3,657,868 BB14 SB NW 8th St W Boynton Bch Blvd 3,854/2,523,751 3,807/2,494,647 2,234/2,530,510 BB16 SB N Congress Ave W Gateway Blvd 1,713/4,397,198 2,253/4,357,450 1,801/4,543,314 BB17 EB E Boynton Bch Blvd N Seacrest Blvd 1,482/3,095,182 1,601/3,029,168 359/1,508,487 BB18 EB W Woolbright Rd SW 8th St 2,754/4,670,435 3,532/4,829,934 1,826/4,765,571 BB022 WB W Boynton Beach Blvd NW 8th St --3,858/4,922,860 BB023 NB Congress Ave Miner Rd --536/2,072,772 BB024 SB Congress Ave Miner Rd --327/1,408,915 Yearly Total -37,270/57,691,812 37,565/58,796,369 38,134/61,897,520 19 RLC Intersection Crash Data Intersection 2022 - 2023 2023 -2024 2024-2025 Gateway Blvd & N Congress Ave 22 26 17 W Boynton Bch Blvd & NW 8th St 17 18 7 W Woolbright Rd & SW 8th St 28 20 17 W Boynton Bch Blvd & N Congress Ave 25 28 33 S Federal Hwy & SE 23rd Ave 12 14 10 W Woolbright Rd & S Congress Ave 17 21 16 E Boynton Bch Blvd & N Seacrest Blvd 7 16 17 Total Crashes:128 143 117 20 Data Overview 2021 – 2022 2022 – 2023 2023 - 2024 2024-2025 Notice of Violations Issued 36,726 37,270 37,565 38,134 Number of NOV’s Paid 24,263 24,022 24,162 25,929 UTC’s Issued 11,381 10,992 11,327 12,221 Crashes 150 128 143 117 Fatal Crashes 0 2 0 0 Traffic Volume 28,471,169 57,691,812 58,796,369 61,897,520 21 What is the violation process? •Once an individual runs a red light the image is captured and sent to Verra Mobility for review. •The violation is reviewed to ensure a violation has occurred and the violation is within the regulations set fourth by the City of Boynton Beach. •Once the violation is approved by Verra Mobility personnel it is sent to the Boynton Beach Police Departments violation queueto be reviewed by police personnel. •The officer will review the violation to ensure a violation has occurred within city guidelines, and ensure accuracy of vehicle and registrant information provided by Verra Mobility. •If the reviewing officer determines a violation has occurred, the officer will approve the violation. The violation will be routed back to Verra Mobility who will mail the violation to the registered owner of the vehicle. 22 What is the violation process? (Continued) •If the reviewing officer determines no violation occurred the violation will be rejected, and no further action is taken. •The Notice of Violation carries a fine of $158.00. The Offender will have 60 day to pay the violation or schedule a local hearing with the City of Boynton Beach. •If a violation is not paid with the 60 days the citation will be sent to the Palm Beach County Clerk of Courts, and a Uniform Traffic Citation will be issued to the violator. The Uniform Traffic Citation carries a fine of $264. 23 What are the red light camera funds used for? •Equipment usage from Verra Mobility •Magistrate fees from local RLC hearings •Traffic Unit Officers •Public Safety Aides •School Crossing Guards •Traffic Safety Equipment and Software •License Plate Readers throughout City 24 Investigative Uses of RLC Video -In February of 2023, the camera at Woolbright Road and Congress Avenue helped ID the suspect vehicle used in an armed robbery. -In March of 2023, the camera at Boynton Beach Boulevard and Seacrest Boulevard was used to help ID the suspect vehicle used in a shooting. -In September 2023, the camera at Woolbright Road and SW 8th Street was used to help ID the suspect vehicle used in a homicide. -In July 2024, the camera at Woolbright Road and Congress Avenue helped ID the suspect vehicle in a shooting as it captured the victim’s vehicle being chased by the suspect. -Camera footage additionally has been requested by other agencies to help track and identify suspects in numerous crimes from thefts, robbery, stolen vehicles, and homicides. 25 Boynton Beach Resident Violator Rate *A resident violator is anyone with a Boynton Beach mailing address. To include those who reside in unincorporated Boynton Beach. Year Resident Violator* Rate Non-Resident Violator Rate 2022 30.3%69.7% 2023 30.8%69.2% 2024 30.2%69.8% 2025 30.89%69.11% 26 Agencies with Red Light Cameras Aventura El Portal Maitland Osceola County Bal Harbour Florida City Medley Palatka Belle Isle Fort Lauderdale Miami Palm Coast Boynton Beach Gainesville Miami Beach Pembroke Pines Bradenton Green Cove Springs Miami Gardens Pensacola Campbellton Groveland Miami Springs Pinecrest Casselberry Gulf Breeze Midway Port Richey Clearwater Haines City Milton Sarasota Clewiston Hillsborough County New Port Richey Sunrise Cocoa Beach Holly Hill Oakville Surfside Coral Gables Hollywood Ocoee West Miami Cutler Bay Homestead Opa Locka West Park Davie Key Biscayne Orange County Winter Park Dunnellon Kissimmee Orange Park Edgewood Lakeland Orlando 27 28 29 30 City of Boynton Beach Agenda Item Request Form 5.A Administrative 12/ 2/2025 Meeting Date: 12/ 2/2025 Advisory Board Appointments Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory Board Appointments Reappointments and Applicants for December 2 2025.docx Suzane Ferguson - Community Redevelopment Agency Advisory Board.pdf Mark Karageorge - Community Redevelopment Agency Advisory Board.pdf Deborah Tarca - Community Redevelopment Agency Advisory Board.pdf Ariella_Tenenboim_-_Education_and_Youth_Advisory_Board.pdf 31 Advisory Board Vacancies December 2, 2025 Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Alternate Vacant Applicants: None Community Redevelopment Agency Advisory Board 2 Year Staggered Terms Vice Mayor Hay Regular Vacant Applicants: Suzanne Ferguson Mark Karageorge Deborah Tarca Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Student Vacant III Turkin Student Vacant IV Kelley Student Vacant Applicant: Ariella Tenenboim Student Appointment Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicants: None Library Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Applicants: None Applications Received: 11/02/25 Regina Fay Sr. Adv. No vacancies notified via email 11/4/25 09/20/25 Taylor Millien E&YAB Does not live in the City- can apply for waiver, applicant notified via email 09/30/25. 09/08/25 Suzanne Ferguson CRAB No vacancies Applicant notified via email 9/8/25 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 06/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 04/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 32 33 34 35 36 37 38 39 40 41 42 43 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 10/21/2025 Ariella Tenenboim 5613442843 ariella.tenenboim@gmail.com 6/27/2008 9422 Aqua Vista Blvd. Boynton Beach Florida 33437 United States Student High school student Yes No Yes No 44 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I am a passionate and dedicated student with an interest in politics and community improvement. I have previously served my community through volunteer work at my synagogue and school, and I now intend to assist the local governance to accomplish this same goal. Please list any professional memberships I am not currently a member of any professional bodies. Feel free to attach/upload an extra sheet or resume. Ari Tenenboim Resume.pdf 42.65KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 45 Ariella Tenenboim 9422 Aqua Vista Blvd. Boynton Beach, FL 33437 ariella.tenenboim@gmail.com Education Boynton Beach Community High School (Class of 2026) Rank: 1/387 Weighted GPA: 5.07 | Unweighted GPA: 3.94 Advanced coursework in AICE, Honors, and Dual Enrollment courses Leadership & Extracurricular Activities President, Dungeons & Dragons Club (8/30/2023–Present) Organized and led weekly game sessions, developing strategic thinking and collaboration skills. Community Chair, National Junior Art Honor Society (NJAHS) (8/22/2024–5/25/2025) Planned community outreach initiatives and other events alongside other club leaders. Head of Art, Art and Design Club (8/22/2025-Present) Oversaw member activities and ensured portfolio creation was proceeding in a timely manner Marketing Officer and Head Graphic Designer, Boynton Aerospace Science Academy (BASA) (8/22/2024–5/25/2025) Designed and produced all marketing materials across multiple mediums, including digital and print. Led branding and promotional efforts to increase engagement and visibility for BASA initiatives. 46 Member, Tiger Circle (8/22/2024–Present) Gave feedback on decisions made by the school as a representative of the student body. Secretary, Newsletter (8/29/2022–Present) Assisted in graphic design and content creation for the weekly publication while proposing methods of improving the newsletter and assisting its editors. Secretary, Chess Club (8/30/2023–Present) Developed critical thinking and problem-solving skills through competitive play alongside advising the president and sponsor to ensure the organization is meeting the needs of its members. Historian, Drama Club (8/22/2025-Present) Managed club marketing and recordkeeping while growing communicative and leadership skills. Volunteer Experience Temple Music Department Volunteer (with Cantor Jake, 8/16/2022–Present) Assisted in organizing musical performances and supported event logistics. The Giving Tree – Holiday Wish List Drive (2022–Present) Assisted in organizing and distributing holiday gifts for families in need, ensuring that each child received personalized presents. Helped input wish lists into the database and assisted with website updates to streamline the donation and distribution process Gained firsthand experience in nonprofit event coordination and community outreach 47 Internship Experience Temple Beth El – Backstage Technician (3/2025-Present) Gained experience in managing multiple aspects of large-scale productions involving live performances onetwoten marketing – Marketing Intern (5/2025-Present) Assisted nonprofit marketing agency with creative campaigns including video editing, graphic design and content creation Skills Strong foundation in STEM coursework with honors and AICE-level science, history, communications and mathematics. Graphic design and marketing experience through BASA leadership. Analytical thinking and problem-solving through chess and D&D leadership. Effective team leadership and collaboration in club and community activities. 48 City of Boynton Beach Agenda Item Request Form 5.B Administrative 12/ 2/2025 Meeting Date: 12/ 2/2025 2026 City Commission Calendar of Meetings, and discussion about the January 6th Commission Meeting. Requested Action: Approve City Commission and Agenda Review Workshop meeting dates for 2026. Staff would like to recommend cancelling the January 6th meeting. Explanation of Request: Staff has included recommended changes to a few meetings, due to conflicts with conferences throughout the year. August 13 Agenda Review- Recommendation to have it on August 12th. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: 2026 Meeting Calendar and Important Dates- Citywide.docx 49 2026 City of Boynton Beach Calendar January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 PBC Days: January 13-14 ELECTION: March 10/Runoff March 24 NLC: March 16-18 April May June S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 July August September S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 FLC: August 13-15 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 IEDC: October 25-28 NLC City Summit: November 19-21 2026 Holidays – Closed Conference Dates Important Jan 1 New Year’s Day Jan 19 Martin Luther King Jr. Day Feb 16 President’s Day May 25 Memorial Day Jun 19 Juneteenth Jul 3 Independence Day Sep 7 Labor Day Nov 11 Veterans Day Nov 26 Thanksgiving Day Nov 27 Day after Thanksgiving Day Dec 24 Christmas Eve Dec 25 Christmas Day Jan 13-14 PBC Days in Tallahassee Mar 16-18 NLC (Washington, DC) Aug 13-15 FLC (Hollywood, FL) Oct 25-28 IDEC (CRA)(New Orleans, LA) TBD FRA (CRA) Nov 19-21 NLC City Summit (Nashville, TN) City Commission Meeting CRA Meeting Agenda Review Meeting March 10- Election Day March 24- Runoff Election Day 50 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-309- Approving the Facility Use Agreement between the City of Boynton Beach and Congress Middle School for the 2025 Holiday Concert on December 17, 2025, at Centennial Park and Amphitheater. Requested Action: Staff recommends approval of Proposed Resolution No. R25-309. Explanation of Request: Congress Middle School is renting the Centennial Park and Amphitheater for their Holiday Concert on Wednesday, December 17th, from 1:00 p.m. to 9:00 p.m. The event will take place from 6:30 p.m. to 8:00 p.m. and will feature various performances by the students. An estimated 100 attendees are expected to be present. The City is partnering with Congress Middle School to provide staff assistance for the event, including access to City Hall restrooms. Additionally, event staff will be on site to assist during the event. How will this affect city programs or services? There will be an influx of patrons in the Amphitheater space during the rental period, as well as road closures on SE 1st Ave. Account Line Item and Description: N/A Fiscal Impact: There is minimal fiscal impact as rental fees will be paid by the school for the space. Attachments: R25-309 Agenda_Item_3978-2025_-_Resolution_to_Approve_Facility_Use_Agreement_- _Congress_Middle_School.docx Unsigned - Centennial Park - Facility Use Agreement CONGRESS MIDDLE SCHOOL.pdf 51 RESOLUTION NO. R25-309 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A FACILITY USE AGREEMENT BETWEEN 3 THE CITY OF BOYNTON BEACH AND CONGRESS MIDDLE SCHOOL FOR 4 THE 2025 HOLIDAY CONCERT ON DECEMBER 17, 2025, AT 5 CENTENNIAL PARK AND AMPHITHEATER; AND FOR ALL OTHER 6 PURPOSES. 7 8 WHEREAS, the City desires to provide entities with an opportunity to rent and use 9 Centennial Park and Amphitheater (“the Facility”) for events; and 10 WHEREAS, Congress Middle School has requested to rent the Facility for the 2025 Holiday 11 Concert on Wednesday, December 17, 2025, from 1:00 PM to 9:00 PM; and 12 WHEREAS, the event will include various performances from the students from 6:00 PM 13 to 8:00 PM with an estimated 100 attendees; and 14 WHEREAS, the City will partner with Congress Middle School to provide staff assistance 15 for the event, including access to City Hall restrooms; and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the City's citizens and residents to approve a Facility Use Agreement with 18 Congress Middle School for Centennial Park and Amphitheater. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT: 21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption. 23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve a Facility Use Agreement with Congress Middle School for Centennial Park and 25 Amphitheater (the “Agreement”), in form and substance similar to that attached as Exhibit A. 26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to the execute the Agreement and any ancillary documents as may be 28 necessary to accomplish the purpose of this Resolution. 29 SECTION 4. This Resolution shall take effect in accordance with law. 30 [SIGNATURES ON THE FOLLOWING PAGE] 31 52 RESOLUTION NO. R25-309 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 Mayor – Rebecca Shelton _____ _____ 35 36 Vice Mayor – Woodrow L. Hay _____ _____ 37 38 Commissioner – Angela Cruz _____ _____ 39 40 Commissioner – Thomas Turkin _____ _____ 41 42 Commissioner – Aimee Kelley _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 _____________________________ ______________________________ 48 Maylee De Jesús, MPA, MMC Rebecca Shelton 49 City Clerk Mayor 50 51 APPROVED AS TO FORM: 52 (Corporate Seal) 53 54 _______________________________ 55 Shawna G. Lamb 56 City Attorney 57 53 FACILITY USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONGRESS MIDDLE SCHOOL This Facility Use Agreement (“Agreement”) is made and entered into this 15 day of October, 2025 by the City of Boynton Beach and between Congress Middle School, a school, with a business address of 101 S. Congress Ave, Boynton Beach, Florida 33426 (hereinafter referred to as “Renter”) and CITY OF BOYNTON BEACH, a Municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 E. Ocean Avenue Boynton Beach, FL 33435 (hereinafter referred to as City). The City and Renter may be referred to herein collectively as “Parties” or individually as a “Party.” WITNESSETH WHEREAS, the City owns and operates the Centennial Park & Amphitheater located at 120 East Ocean Avenue, Boynton, Florida (the “City Facility”); and WHEREAS, Renter desires to utilize the Centennial Park & Amphitheater for the schools magnet program holiday performance (“the Event”); and WHEREAS, the City agrees to make the City Facility available to Renter for use in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this agreement. 2. Facility Usage Dates and Times. The City agrees to provide space at the City Facility to Renter on an as-available basis for the Event at the dates and time outlined in Exhibit A. Notwithstanding the foregoing; the City reserves the right to change the location of the Event, as may be necessary to accommodate any City-sponsored events or activities. Renter shall adhere to the City’s Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any programming during these dates. 3. Right to Cancel Reservation. The City shall make its best efforts to secure the City Facility for use by Renter at the date and times described in Exhibit A; however, the City reserves the right to cancel any reservation fourteen (14) days before the scheduled use or upon an emergency where City locations must be closed or otherwise unavailable. 54 4. Renter Obligations: Renter shall use the City Facility only for the purposes described in Exhibit B. Renter shall not discriminate against any person or participant on the basis of race, color, sex, religion, origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement when using the City Facility. Renter shall provide equipment and supplies needed to operate the Event at the City Facility. Renter shall provide adequate qualified personnel to staff the Event. Renter is responsible for all Event setup, decoration, coordinating with vendors, and removal of all equipment following completion of the Event. Renter must provide a detailed site map and complete Vendor list at least thirty (30) days prior to then Event. Renter shall obtain any and all facility use or special events permits required for the Event and pay all associated fees. Renter is responsible for replacing City equipment and property damaged by the Event or any event participants, and will be responsible for the cost to repair or replace of each item. Renter shall comply with all applicable State, County, and/or City Emergency Executive Orders and Policies for the duration of the Agreement, including implementing the Centers for Disease Control and Prevention Guidelines. Renter shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. 5. City Rights and Obligations: City agrees to make the City Facility available to Renter at the dates and times described in Exhibit A. The City has the authority to make changes to the use of approved space. The City will determine the specific space to be utilized at the City Facility. The City shall not relinquish the right to control the management of the City Facility during the term of the Agreement and will enforce all necessary rules, policies, and procedures established by the City of Boynton Beach. City staff may, at their discretion observe and monitor the actions of Renter during the Event. The City has the authority to evacuate the City Facility during Event when deemed necessary for the safety of the public, patrons, and guests. The City reserves the right, through its representatives, agents, and police, to eject any objectionable person/persons from the City Facility, and upon the exercise of this authority, and Renter hereby waives any rights and all claims for damages against the City. 6. Agreement Term. This Agreement shall commence on the Effective Date and automatically terminate thirty (30) days after the conclusion of the Event. 7. Rental Fee. As compensation for use of the City Facility, Renter shall pay the City the total amount of one thousand six hundred forty dollars ($1,640.00) 55 a. Application Fee: $50 WAIVED b. Amphitheatre Rental: $1,500.00 c. Event Staffing ($35/hour): $140.00 i. Hours: 5-9pm d. Boynton Beach Fire Rescue Fee: WAIVED e. Boynton Beach Police Fee: TBD 8. Payment Schedule. A nonrefundable booking deposit of eight hundred twenty dollars ($820.00) shall be paid at the time the City Facility rental date is confirmed. The Tuesday before the Event, Renter shall make a final payment of eight hundred twenty dollars ($820.00). a. Total due on 11/5/25: $820 b. Total due on 12/16/25: $820 9. Safety. Renter shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Event. 10. Independent Contractor. Renter is an independent contractor of the City, and nothing in this Agreement shall constitute or create a partnership, joint venue, or any other relationship between the Parties. In utilizing the City Facility, neither Renter nor its agents shall act as officers, employees, or agents of the City. Renter shall not have the right to bind the City to any obligation not expressly undertaken by City under this Agreement. 11. Agreement Termination. 11.1 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing the non-terminating Party with a thirty (30) calendar days written notice of termination. 11.2 Termination by Cause Renter discourteous actions/behavior towards patrons, participants, parents or staff. Renter’s failure to cooperate with Recreation and Parks Department or Events Department staff. Actions that bring negative publicity to the City of Boynton Beach. Illegal activities of Renter. Failure to comply with the public records requirements set forth in section 119.0701, Florida statues. Consumption or possession of tobacco or illegal substances on City Facility property. Assignment of this Agreement without prior written consent of the City. Failure to provide the City with a copy of insurance that covers Renter’s Event. 56 12. Indemnification. Renter shall indemnify and hold harmless the City, its elected and appointed officers, agents, employees, consultants, separate contractors, subcontractors, any of their subcontractors, from and against claims, demands, or cause of action whatsoever, and the resulting losses, damages, cost, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgements, or decrees, sustained by the City arising out of or resulting from (A) Renter’s performance or breach of this Agreement, (B) acts or omission, negligence, recklessness, or intentional wrongful conduct by Renter, its agents, employees, subcontractors, participants, and volunteers, and (C) Renter’s failure to take out and maintain the insurance required by this Agreement. Renter 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 cost, judgements, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 13. 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 constructed as consent by City to be sued by third parties in any matter arising out of this Agreement. 14. Insurance. Renter shall provide proof of Insurance in accordance with the requirements of Exhibit C attached hereto, listing the City of Boynton Beach as an Additional Insured and the Certificate Holder. No access to the City Facility for load-in, setup, or any Event- related activities shall be granted until the required Certificate of Insurance has been received and approved by the City. 15. Alcohol. Unless specifically permitted, no alcoholic beverages of any kind are permitted at the City Facility. If alcohol is permitted, Renter must: Obtain all required licenses and permits from the State of Florida Division of Alcoholic Beverages and Tobacco; Provide proof of liquor license at least fourteen (14) days prior to Event; Provide licensed and insured bartenders/servers; Implement responsible alcohol service procedures; Ensure alcohol service ends at least thirty (30) minutes prior to Event conclusion Provide security to monitor alcohol consumption and prevent service to minors Additional Insurance. Events serving alcohol require additional liability insurance as specified in Section 14. Compliance. Failure to comply with alcohol service requirements may result in immediate Event termination and forfeiture of all fees and deposits. 16. Governing Law and Venue. This Agreement shall be governed by and constructed in accordance with the laws of the State off Florida as now and hereafter in force. The exclusive venue for any lawsuits arising from relate to, or in connection with this Agreement shall be in the state courts if the Fifteenth Judicial Circuit in and for Palm Beach County, Florda. If any clam arising from, related to, or in connection with this 57 Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES AND RIGHT IT MAY HAVE TO A TRAIL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 17. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is preventable 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, “Forced Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent if such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause or non-performance and shall continue to take reasonable steps to prevent and remove such cause , and shall promptly notify the other Party in writing and resume performance hereunder whenever such cases are removed; provide, 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. 18. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 19. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that they have the full legal power to execute the Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement . 20. Attorney’s Fees. If either Party sues to enforce this Agreement, each Party shall bear its own attorney’s fees and court cost. 21. Counterparts and Execution. This Agreement may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same Agreement. Execution and delivery of the Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 58 22. Compliance with Laws. Renter hereby warrants and agrees that at all times materials to the Agreement, Renter shall perform its obligations in compliance with all applicable federal, state, and local laws, rules and regulations, including the American with Disabilities Act, 42 U.S.C. & 12101, Section 504 of the Rehabilitation Act 1973, and Section 501.171, Florida Statues. Non-compliance may constitute a material breach of the Agreement. 23. Severability. If any provision of this Agreement or its application to any person or situation shall be held invalid or unenforceable to any extent, 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 be affected thereby and shall continue in full force and effect and be enforces to the fullest extent permitted by law. 24. Public Records. The City is a public agency subject to Chapter 119, Forida Statues. If applicable, The Volen Center shall comply with the requirements of Chapter 119, Florida Statues, with respect to any documents, papers, and records made or received by Renter in connection with this Agreement. If Renter has questions regarding the application of Chapter 119, Florida Statues, to Renter’s duty to provide public records relating to this Agreement, contact the custodial of public records, City Clerk Office, 100 East Ocean, Boynton Beach, Florida 33435, (561) 742-6060, CityClerk@bbfl.us. 25. Notice. Whenever any Party desires to give notice unto any other Party, it must be provided by written notice, sent by certified mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at he places last specified, and the places for giving notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Parties designate the following as the respective places for giving notice: City: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To: Shawna Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6051 Renter: Congress Middle School Penni Lee Boynton Beach, Florida 33426 59 Phone Number: (561) 374 - 5633 26. Third-Party Beneficiaries. Neither Renter 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 to claim against either of them based upon the Agreement. 27. Entities of Foreign Concern. This section shall apply if Renter or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Renter represents and certifies (i) Renter is not owned by the government of a foreign country of concern; (ii) the government of a foreign county of concern does not have controlling interest in Renter; and (iii) Renter 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 or the date that Renter or its subcontractors will have access to personal identifying information under this Agreement. Renter and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(ss) 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. Terms used in this section that are not otherwise defined in this Agreement shall have the meaning ascribed to such terms in Section 287.138, Florida Statutes. 28. Anti-Human Trafficking. On or before the Effective Date of the Agreement, Renter shall provide City with an affidavit attesting that the Renter does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statues. 29. Verification of Employment Eligibility. Renter represents that Renter, and each subcontractor has registered with and uses the E-Verify system maintained by the United State Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 44.095, Florida Statues, and that entry into this Agreement will not violate that statue. If Renter violates this section, City may immediately terminate this Agreement for cause, and Renter shall be liable for all cost incurred by City due to the termination. 30. Discriminatory Vendor and Scrutinized Companies Lists, Countries of Concern. Renter represents that it has not been placed on the discriminatory vendor list” as provided in Section 287.134, Florida Statues, and that it is not a “scrutinized company” pursuant to Section 215.473 or 215.4725, Florida Statues. Renter 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 Statues. 31. Prior Agreements. This Agreement represents the final and complete understanding of Parties regarding the subject matter of the Agreement and supersedes all prior and contemporaneous negotiations and discussion regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of the Agreement are contained herein. 60 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above: CITY OF BOYNTON BEACH, FLORIDA CONGRESS MIDDLE SCHOOL [RENTER] _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature) ________________________________ Print Name of Authorized Official ________________________________ Title City Attorney’s Office Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 61 62 EXHIBIT A FACILITY USE DATES, TIMES AND AUTHORIZED SPACE Event Date(s): ________________________________ Event Times: Setup: ________________________________ Event: ________________________________ Breakdown: ________________________________ Authorized Areas: Main Amphitheater Stage Amphitheater Seating Area Park Grounds (specify area): ________________________________ Parking Areas Concession Areas (if applicable) Sound/Amplification: Amplified sound permitted until: ________________________________ Sound level restrictions: Must comply with City noise ordinances Sound check permitted: ________________________________ Utilities Provided: Electrical access Water access Restroom facilities Other: ________________________________ Special Requirements: ______________________________________________________________________________ ______________________________________________________________________________ 63 EXHIBIT B EVENT DESCRIPTION Event Type: ________________________________ Expected Attendance: ________________________________ Event Description: Admission: Free event Ticketed event Donation-based Vendors/Concessions: None Organization-operated Third-party vendors Special Features: Alcohol service (requires additional permits and insurance) Fireworks or pyrotechnics (requires special permits) Temporary structures (requires permits) Other: ________________________________ 64 EXHIBIT C INSURANCE REQUIREMENTS 65 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-310- Ratify the City's application for the FY25 Office of Justice Programs Community Based Violence Intervention and Prevention Initiative (CVIPI) through the Bureau of Justice Assistance, Department of Justice Office, and authorizing the Mayor to accept the grant, if awarded, and execute all future documents associated with the grant, subject to approval by the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R25-310. Explanation of Request: This initiative is designed to strengthen the City’s ability to reduce violent crime by integrating advanced technology and expanding investigative capacity focused on violent crime reduction and gun violence intelligence. A major component of the proposal includes the acquisition of the BrassTrax Integrated Ballistics Identification System, which will allow the Police Department to process ballistic evidence internally and immediately upload data to ATF’s national system. This capability will significantly improve the timeliness of investigations, enhance the ability to link gun-related incidents, and provide stronger evidentiary support for prosecutions. The funding request covers the cost of hardware and software, installation, training, and a three-year service agreement, as well as technical integration with the ATF’s National Integrated Ballistic Information Network. The second component of the proposal provides overtime funding for detectives and specialized units engaged in violent crime investigations. These funds will enable sustained investigative operations, ensuring timely response to shootings and homicides, extended follow-up work, and ongoing collaboration with regional and federal partners. The additional staffing resources will also support community engagement efforts in areas experiencing higher levels of violent activity. 66 Together, these two components form a comprehensive strategy to address violent crime through both the application of advanced forensic tools and the allocation of personnel resources necessary to act on investigative leads. How will this affect city programs or services? The initiative will enhance the City’s public safety programs by improving investigative efficiency and responsiveness to violent incidents. The ability to conduct in-house ballistic analysis will accelerate case linkages, increase clearance rates for shootings and homicides, and strengthen the overall quality of investigations. Overtime funding will ensure that detectives can continue critical investigative and community engagement work without impacting regular police operations or the City’s general budget. This initiative also supports the core goals of the CVIPI program by promoting data-driven violence reduction strategies, interagency collaboration, and strengthened relationships between law enforcement and the community. Account Line Item and Description: If awarded, grant accounts will be created. Fiscal Impact: If awarded, the City will receive $298,892 in grant funds under the Community Violence Intervention and Prevention Initiative (CVIPI) program. The proposed budget includes $150,000 for investigative overtime to support violent crime reduction efforts, $140,939.51 for the purchase of the BrassTrax ballistics imaging system to enhance firearm investigations, and $7,953 for costs associated with the mandatory CVIPI cross-site training and meeting. There is no local match required for this grant. Attachments: R25-310 Agenda_Item_3934-2025_Resolution_for_DOJ_CVIPI_Grant.docx 67 RESOLUTION NO. R25-310 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING THE CITY'S APPLICATION FOR THE 2 FISCAL YEAR 2025 OFFICE OF JUSTICE PROGRAMS COMMUNITY 3 BASED VIOLENCE INTERVENTION AND PREVENTION INITIATIVE 4 GRANT THROUGH THE BUREAU OF JUSTICE ASSISTANCE, 5 DEPARTMENT OF JUSTICE OFFICE, FOR THE BOYNTON BEACH GUN 6 VIOLENCE INTERVENTION AND INTELLIGENCE EXPANSION PROJECT, 7 AND IF AWARDED, AUTHORIZE THE MAYOR TO ACCEPT THE GRANT 8 AND EXECUTE ALL FUTURE DOCUMENTS ASSOCIATED WITH THE 9 GRANT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND FOR 10 ALL OTHER PURPOSES. 11 12 WHEREAS, this initiative is designed to strengthen the City’s ability to reduce violent crime 13 by integrating advanced technology and expanding investigative capacity focused on violent 14 crime reduction and gun violence intelligence; and 15 WHEREAS, a major component of the proposal includes the acquisition of the BrassTrax 16 Integrated Ballistics Identification System, which will allow the Police Department to process 17 ballistic evidence internally and immediately upload data to ATF’s national system. This capability 18 will significantly improve the timeliness of investigations, enhance the ability to link gun-related 19 incidents, and provide stronger evidentiary support for prosecutions. The funding request covers 20 the cost of hardware and software, installation, training, and a three-year service agreement, as 21 well as technical integration with the ATF’s National Integrated Ballistic Information Network; and 22 WHEREAS, the second component of the proposal provides overtime funding for 23 detectives and specialized units engaged in violent crime investigations. These funds will enable 24 sustained investigative operations, ensuring timely response to shootings and homicides, 25 extended follow-up work, and ongoing collaboration with regional and federal partners. The 26 additional staffing resources will also support community engagement efforts in areas 27 experiencing higher levels of violent activity; and 28 WHEREAS, together, these two components form a comprehensive strategy to address 29 violent crime through both the application of advanced forensic tools and the allocation of 30 personnel resources necessary to act on investigative leads; and 31 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 32 best interests of the City's citizens and residents to ratify the City's application for the Fiscal Year 33 68 RESOLUTION NO. R25-310 2025 Office of Justice Programs Community Based Violence Intervention and Prevention Initiative 34 Grant through the Bureau of Justice Assistance, Department of Justice Office, for the Boynton 35 Beach Gun Violence Intervention and Intelligence Expansion Project, and if awarded, authorize the 36 Mayor to accept the Grant and execute all future documents associated with the grant, subject to 37 approval by the City Attorney. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 40 BEACH, FLORIDA, THAT: 41 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption. 43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 44 ratify the City's application for the Fiscal Year 2025 Office of Justice Programs Community Based 45 Violence Intervention and Prevention Initiative Grant through the Bureau of Justice Assistance, 46 Department of Justice Office, for the Boynton Beach Gun Violence Intervention and Intelligence 47 Expansion Project, and if awarded, authorize the Mayor to accept the Grant. 48 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 49 authorize the Mayor to execute the Grant Agreement and any other documents associated with 50 applying for and accepting the Grant that do not otherwise increase the financial obligations of 51 the City, subject to the approval of the City Attorney’s Office. The Chief of Police is authorized to 52 execute ancillary certifications. 53 SECTION 4. This Resolution shall take effect in accordance with the law. 54 [SIGNATURES ON THE FOLLOWING PAGE] 55 56 69 RESOLUTION NO. R25-310 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 57 CITY OF BOYNTON BEACH, FLORIDA 58 YES NO 59 Mayor – Rebecca Shelton _____ _____ 60 61 Vice Mayor – Woodrow L. Hay _____ _____ 62 63 Commissioner – Angela Cruz _____ _____ 64 65 Commissioner – Thomas Turkin _____ _____ 66 67 Commissioner – Aimee Kelley _____ _____ 68 69 VOTE ______ 70 ATTEST: 71 72 _____________________________ ______________________________ 73 Maylee De Jesús, MPA, MMC Rebecca Shelton 74 City Clerk Mayor 75 76 APPROVED AS TO FORM: 77 (Corporate Seal) 78 79 _______________________________ 80 Shawna G. Lamb 81 City Attorney 82 70 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-311 - Authorizing the Police Department to apply for the Florida Department of Law Enforcement (FDLE) Project Safe Neighborhoods (PSN) Southern District Grant for the 2025/2026 funding cycle; and, if awarded, authorizing the Mayor to accept the grant and execute all necessary documents associated with the grant, subject to approval by the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R25-311. Explanation of Request: The Police Department is requesting authorization to apply for funding through the Florida Department of Law Enforcement (FDLE) Project Safe Neighborhoods (PSN) Southern District grant opportunity. The total amount of funding available for the Southern District is $222,190. The department intends to submit an application seeking funding for technology to be integrated into a Mobile Command Bus. This technology will enhance the department’s ability to manage large-scale incidents, coordinate multi-agency operations, and support real-time intelligence and communication in the field. The PSN program is designed to reduce violent crime and strengthen partnerships between local, state, and federal law enforcement agencies, aligning with the department’s goals of improving community safety and operational efficiency. How will this affect city programs or services? Approval of this item will strengthen the City’s public safety and emergency response capabilities. The integration of new technology into the Mobile Command Bus will enhance on-scene coordination, improve situational awareness during critical incidents, and support crime reduction initiatives consistent with PSN objectives. This investment will allow the department to deliver more efficient and effective services to the community, improve officer safety, and foster stronger partnerships across jurisdictions. Account Line Item and Description: If awarded, grant accounts will be created. Fiscal Impact: If awarded, the City will receive funding under the FDLE Project Safe Neighborhoods (PSN) Southern District grant. The maximum amount available for the entire Southern District is $222,190. There is no local match required for this grant. 71 Attachments: R25-311 Agenda_Item_3969- 2025_Resolution_for_FDLE_Project_Safe_Neighborhoods_Grant.docx 72 RESOLUTION NO. R25-311 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CITY'S APPLICATION FOR THE 2 FLORIDA DEPARTMENT OF LAW ENFORCEMENT PROJECT SAFE 3 NEIGHBORHOODS SOUTHERN DISTRICT GRANT FOR THE 2025/2026 4 FUNDING CYCLE, AND IF AWARDED, AUTHORIZE THE MAYOR TO 5 ACCEPT THE GRANT AND EXECUTE ALL FUTURE DOCUMENTS 6 ASSOCIATED WITH THE GRANT, SUBJECT TO APPROVAL BY THE CITY 7 ATTORNEY; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Police Department is requesting authorization to apply for funding 10 through the Florida Department of Law Enforcement (“FDLE”) Project Safe Neighborhoods (“PSN”) 11 Southern District grant opportunity. The total amount of funding available for the Southern 12 District is $222,190.00. The department intends to submit an application seeking funding for 13 technology to be integrated into a Mobile Command Bus. This technology will enhance the 14 department’s ability to manage large-scale incidents, coordinate multi-agency operations, and 15 support real-time intelligence and communication in the field. The PSN program is designed to 16 reduce violent crime and strengthen partnerships between local, state, and federal law 17 enforcement agencies, aligning with the department’s goals of improving community safety and 18 operational efficiency; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to approve the City's application for the Florida 21 Department of Law Enforcement Project Safe Neighborhoods Southern District Grant for the 22 2025/2026 funding cycle, and if awarded, authorize the Mayor to accept the Grant and execute all 23 future documents associated with the grant, subject to approval by the City Attorney. 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 City's application for the Florida Department of Law Enforcement Project Safe 31 Neighborhoods Southern District Grant for the 2025/2026 funding cycle, and if awarded, authorize 32 73 RESOLUTION NO. R25-311 the Mayor to accept the Grant. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 34 authorize the Mayor to execute the Grant application, Grant Agreement, and any other documents 35 associated with applying for and accepting the Grant that do not otherwise increase the financial 36 obligations of the City, subject to the approval of the City Attorney’s Office. 37 SECTION 4. This Resolution shall take effect in accordance with the law. 38 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 41 74 RESOLUTION NO. R25-311 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor – Rebecca Shelton _____ _____ 45 46 Vice Mayor – Woodrow L. Hay _____ _____ 47 48 Commissioner – Angela Cruz _____ _____ 49 50 Commissioner – Thomas Turkin _____ _____ 51 52 Commissioner – Aimee Kelley _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ ______________________________ 58 Maylee De Jesús, MPA, MMC Rebecca Shelton 59 City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 75 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-312- Authorization to Reduce Allowance for Uncollectible Accounts and Accounts Receivable for FY2025 Write-Off Process, and Establishment of a Monthly Write-Off Budget for ALS Invoices. Requested Action: Staff recommends approval of Proposed Resolution No. R25-312. Explanation of Request: In accordance with section 95.11, Florida Statutes, the City has a four-year period to collect outstanding debts. The receivables identified in this resolution have exceeded that timeframe and are now deemed uncollectible. These accounts are dated December 2020 and earlier. Staff recommends reducing the allowance for uncollectible accounts fin FY2025, and the corresponding accounts receivable balances as follows: Fire Department ALS Y2019: $1,040,847.50 Fire Department ALS Y2020: $1,225,236.33 City Clerk Office: $7,354.76 Memorial Park Department: $5,175 Utilities Department: $136,895.98 Efforts to collect these outstanding amounts have been fully exhausted. The City establishes an annual allowance for uncollectible accounts based on the overall outstanding receivables. Therefore, this write-off will have no impact on the City's financial statements. It is important to note that this action is a financial accounting process and does not eliminate the legal obligation of the debt. The City will continue to pursue any recovery opportunities as they arise. Furthermore, individuals or businesses with written-off accounts will be required to settle outstanding balances before conducting future business with the City. The Fire and Finance Departments are proposing to establish, beginning in FY2026, a monthly write-off process for uncollectible ALS accounts dated 2021, 2022, and 2023, with a monthly budget not to exceed $270,000. At the end of the fiscal year, both departments will review and adjust the process as necessary. How will this affect city programs or services? This action does not affect any City programs or services. 76 Budgeted Item: Yes Account Line Item and Description: Fire Department: ALLOW-UNCOLL ALS – 001-0000-117.27-00 AR ALS – 001-0000-115.26-00 City Clerk Office: ALLOW-UNCOLL RECVBL – 001-0000-117.01-00 AR MISCELLANEUS – 001-0000-115.01-00 Memorial Park : ALLOW-UNCOLL RECVBL – 631-0000-117.01-00 AR – 631-0000-115.71-00 AR –632-0000-115.01-00 Utilities Department: ALLOW-UNCOLL RECVBL – 401-0000-117.01-00 AR – 401-0000-115.01-00 Fiscal Impact: There is no fiscal impact. The proposed write-off amounts have already been included in the City’s allowance for uncollectible accounts on the financial statements. Attachments: R25-312 Agenda_Item_3959-2025_- _Resolution_to_authorize_reduced_allowance_for_uncollectible_accounts_and_accounts_receivable_for_FY2025.docx FD ALS Write Off FD - Monthly Write Off Utilities Department - Write Off 77 RESOLUTION NO. R25-312 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE REDUCTION OF THE 2 ALLOWANCE FOR UNCOLLECTIBLE ACCOUNTS AND ACCOUNTS 3 RECEIVABLE FOR FISCAL YEAR 2025 WRITE-OFF PROCESS, AND 4 ESTABLISHMENT OF A MONTHLY WRITE-OFF BUDGET FOR ALS 5 INVOICES; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, in accordance with section 95.11, Florida Statutes, the City of Boynton Beach 8 (“City”) has a four-year period to collect outstanding debts; and 9 WHEREAS, City staff has identified receivables that have exceeded the four-year 10 timeframe and are now deemed uncollectible; and 11 WHEREAS, City staff recommends reducing the allowance for uncollectible accounts with 12 the amounts being $1,040,847.50 for City Fire Department ALS Y2019, $1,225,236.33 for City Fire 13 Department ALS Y2020, $7,354.76 for City Clerk Office, $5,175 for City Memorial Park Department, 14 and $136,895.98 for City Utilities Department, though the City can and will continue to pursue any 15 recovery opportunities as they arise, the City’s efforts to collect the outstanding amounts have 16 been fully exhausted; and 17 WHEREAS, beginning in FY2026, the Fire and Finance Departments desire to implement a 18 monthly write-off process for uncollectible ALS accounts dated 2021, 2022, and 2023, with a 19 monthly budget not to exceed $270,000, with both Departments reviewing and making 20 adjustments to said process at the end of the fiscal year, as necessary; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to approve this Resolution; and 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 authorize the reduced allowance for uncollectible accounts and accounts receivable, with the 30 amounts being $1,040,847.50 for City Fire Department ALS Y2019, $1,225,236.33 for City Fire 31 78 RESOLUTION NO. R25-312 Department ALS Y2020, $7,354.76 for City Clerk Office, $5,175 for Memorial Park Department, and 32 $136,895.98 for City Utilities Department. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes and approves the implementation of a monthly write-off process for uncollectible ALS 35 accounts, with a monthly budget not to exceed $270,000, and directs City staff to take any actions 36 necessary to implement this process. All write-offs up to the monthly budget amount shall be 37 approved by the City’s Finance Director on a monthly basis. Write-offs in excess of the monthly 38 budget amount shall be presented to the City Commission for approval. 39 SECTION 4. This Resolution shall take effect in accordance with the law. 40 41 [SIGNATURES ON THE FOLLOWING PAGE] 42 43 44 79 RESOLUTION NO. R25-312 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 80 America's Gateway to the Gulfstream Boynton Beach Fire Rescue Department 2080 High Ridge Road Boynton Beach, Florida 33426 Phone: (561) 742-6329 Fax: (561) 742-6334 www.boynton-beach.org REQUESTED ACTION BY COMMISSION Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $1,040,847.50. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer EXPLANATION OF REQUEST Per Florida Statutes Title VIII 95.11, the City has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from uninsured patients. The $1,040,847.50 represents approximately 2,148 medical incident transports from 2019. Which reflects an average of $484.56 per claim. The collection agency also reports unpaid balances to the three (3) major credit bureaus. The $1,040,847.50 represents 31.76% of the $3,274.764.98 ALS transport fees collected for that year. This amount/percentage is consistent with previous write-offs. The City establishes an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write off approval will have no impact on the City’s financial statements. It is prudent to review, at least annually, the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Attached is a schedule of amounts per transportation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None. FISCAL IMPACT Non-budgeted. None since this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements. ALTERNATIVES Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance for Uncollectible Accounts. STRATEGIC PLAN None STATEGIC PLAN APPLICATION None 81 America's Gateway to the Gulfstream Boynton Beach Fire Rescue Department 2080 High Ridge Road Boynton Beach, Florida 33426 Phone: (561) 742-6329 Fax: (561) 742-6334 www.boynton-beach.org REQUESTED ACTION BY COMMISSION Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $1,225,236.33. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer EXPLANATION OF REQUEST Per Florida Statutes Title VIII 95.11, the City has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from uninsured patients. The $1,225.236.33 represents approximately 2,417 medical incident transports from 2020. Which reflects an average of $506.92 per claim. The collection agency also reports unpaid balances to the three (3) major credit bureaus. The $1,225,236.33 represents 44.66% of the $2,743.648.08 ALS transport fees collected for that year. This amount/percentage is consistent with previous write-offs. The City establishes an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write off approval will have no impact on the City’s financial statements. It is prudent to review, at least annually, the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Attached is a schedule of amounts per transportation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None. FISCAL IMPACT Non-budgeted. None since this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements. ALTERNATIVES Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance for Uncollectible Accounts. STRATEGIC PLAN None STATEGIC PLAN APPLICATION None 82 The City of Boynton Beach FL Boynton Beach Fire Rescue Department 2080 High Ridge Road Boynton Beach, Florida 33426 Phone: (561) 742-6329 Requested Action by City Commission: Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable balances for the Fire Department with a monthly write-off process not to exceed $270,000.00 monthly. Establishing this process will enable both departments to write off unpaid ALS Transportation billings that have been in collections for 12 months or longer and are 4 years old or older as of August 1, 2025. Explanation of Request: Establishing this monthly process will enable both departments to write off unpaid ALS Transportation billings that have been in collections for 12 months or longer and are 4 years old or older as of August 1, 2025. It has been determined that these accounts are unlikely to be collected at this point, and the appropriate action is to write them off completely. Attempts by the City and its Collection Agency to collect these past due amounts have been exhausted since a majority of the accounts are from uninsured patients. The collection agency also reports unpaid balances to the three (3) major credit bureaus. These accounts consist of unpaid charges related to transport billing that have remained outstanding for more than four (4) years. The City establishes an annual allowance for uncollectible accounts based on the total outstanding receivables. This proactive measure ensures that any requested write-off approvals will not impact the City’s financial statements. As part of this process, it is prudent to review the collectability of accounts that have been referred to the collection agency to assess the value of continued collection efforts on older accounts. Per Florida Statute 95.11, the City has four (4) years to collect an outstanding debt. Despite multiple collection efforts—including repeat invoicing, follow-up calls, delinquency notices, and other standard procedures—these accounts remain unpaid due to factors such as uninsured patients or unresponsive debtors. The write-off is strictly an accounting adjustment and does not erase or forgive the obligation from the patient. The City will continue to pursue collection when feasible, through the services of a collection agency. How will this affect city programs or services? This adjustment is an accounting entry only. Fiscal Impact: This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. America's Gateway to the Gulfstream 83 CITY OF BOYNTON BEACH UTILITIES DEPARTMENT MEMORANDUM Requested Action by City Commission: Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable balances by $136,895.98. This amount represents unpaid Utilities billings for miscellaneous charges and other adjustments that have been in collections for more than one year as of September 2025. Explanation Of Request Pursuant to Section 95.11, Florida Statutes, debts that are more than four (4) years old are no longer enforceable through the court system. The accounts identified fall within this timeframe and are therefore legally uncollectible through litigation. The Utilities Department has conducted multiple collection efforts, including invoicing, follow-up calls, notifications, and other standard procedures. Despite these efforts, the accounts remain unpaid due to circumstances such as bankruptcies, business cl osures, inactive accounts, or unresponsive debtors. This write-off is strictly an accounting adjustment and does not forgive or eliminate the debtor’s financial obligation. The City will continue to pursue recovery when feasible, including collecting outstanding balances during future transactions with the debtor, enforcing liens, or requiring payment as a condition for obtaining permits, services, or contracts with the City. The City establishes an annual allowance for uncollectible accounts based on overall outstanding receivables. As a result, approval of this write-off will have no impact on the City’s financial statements. How will this affect city programs or services? This adjustment is an accounting entry only and will not affect City services or operations. Fiscal Impact: The proposed write-off amount has already been incorporated into the City’s allowance for uncollectible accounts within the financial statements. 84 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-313- Approve an Interlocal Agreement (ILA) between the City of Delray Beach and the City of Boynton Beach to share the Construction Cost to rehabilitate Gulfstream Boulevard (AKA SE 36 th Ave). Proposed Resolution No. R25- 3 1 4 - Approve a Budget Amendment for Fiscal Year 2025-2026, amending the Capital Appropriation for the Gulfstream Boulevard Construction project. Requested Action: Staff recommends approval of Proposed Resolution No. R25-313 and Resolution No. R25- 314. Explanation of Request: On May 5, 2020, (and amended by First Amendment on February 25, 2021) the City entered an Interlocal Agreement (ILA) with the City of Delray Beach to share the design cost for the rehabilitation of Gulfstream Boulevard (a/k/a SE 36th Ave). Gulfstream Boulevard is the road at the end of the City limits, with the South-half of the Right-of-Way belonging to the City of Delray Beach and the North-half of the Right-of-Way belonging to the City of Boynton Beach. The design has been completed, and the project is moving forward to construction. The new ILA (attachment 1) will share the construction cost of the streetscape portion of the rehabilitation design project between the City of Delray Beach and City of Boynton Beach, based off which City the improvements are in, per the completed Design plans (Attachment 2). The Design plans also include the installation of a new Watermain, located all within the City of Boynton Beach’s portion of Gulfstream Boulevard. The Watermain will be entirely funded by the City of Boynton Beach. The scope of work for costs that are to be shared between the municipalities consists of roadway widening for an existing two-lane road with milling and resurfacing; a new 10-foot- wide concrete shared-use path on Boynton Beach’s side, and an 8-foot-wide concrete shared- use path on Delray Beach’s side; landscape removals and new plantings; irrigation; reconstruction of medians; 24-inch drainage pipe inclusive of drainage structures and 6-foot- wide exfiltration trenches; water service replacement; swale re-grading; lighting; and incidental construction of curbs, sidewalks, driveways, sod, pavement markings, signage, and utility reconstruction (“Streetscape Project”). 85 The agreement between the City of Delray Beach and the City of Boynton Beach specifies that the maximum construction cost expense for the Streetscape Project is $3,000,000, or $1,500,000 for each municipality. This Agreement solely pertains to the construction expenses. Attachment 3 is the Cost Estimate as prepared by the Engineering consultant who produced the plans. How will this affect city programs or services? This project will restore the roadway to a new condition and provide another 15-20 years of useful life, as well as provide water to the town of Gulfstream. Facilities/Street Maintenance will no longer need to continually maintain the road by performing street repairs. Budgeted Item: Yes Account Line Item and Description: Adjusted City of Boynton Beach Utilities - 404-5000- 533-65.02 - WT2414 - $4,840,400 Fiscal Impact: Approved in the current Fiscal Year 2025/2026 Budget Budget Amendment for Fiscal Year 2025-2026, amending the 404 R&R Water account, for the Reimbursements from the City of Delray Beach, in the amount of $1,500,000 (as per the agreement of the ILA), for the Gulfstream Boulevard project. This will bring the 404 R&R Water Account from a budgeted $3,340,400 to $4,840,400 (See Attachment 4). The City of Boynton Beach Public Works Department will reimburse the City of Boynton Beach Utilities Department after the construction for this project is complete, for their portion of cost of construction, in the Fiscal year after construction is complete. Attachments: R25-313 Agenda_Item_3940-2025_-_Resolution_for_ILA_- _City_of_Delray_Beach_Gulfstream_Boulevard.docx R25-314 Agenda_Item_3940-2025___Budget_Amendment_Resolution_- _Delray_Beach_ILA.docx Attachment 1 ILA - City of Delray Beach - Construction - SE 36 Ave.pdf Attachment 2 - 100% Plans_Boynton SE 36th Ave Streetscape.pdf Attachment 3 - 100% Cost Estimate_COBB SE 36th Ave Streetscape and Utilities.pdf Attachment 4 - FY2025 Budget Amendment ILA CoDB.pdf 86 RESOLUTION NO. R25-313 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN 2 THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH TO 3 ALLOCATE THE CONSTRUCTION COSTS TO REHABILITATE GULFSTREAM 4 BOULEVARD (AKA SE 36TH AVE); PROVIDING AN EFFECTIVE DATE; AND FOR 5 ALL OTHER PURPOSES. 6 7 WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation 8 Act of 1969" authorizes local governments to make the most efficient use of their powers by 9 enabling them to cooperate with other localities on a basis of mutual advantage and thereby to 10 provide services and facilities that will harmonize geographic, economic, population and other 11 factors influencing the needs and development of local communities; and 12 WHEREAS, the City of Boynton Beach and City of Delray Beach (“the Parties”) have 13 common interests in the rehabilitation of the right-of-way of SE 36th Avenue; and 14 WHEREAS, the eastbound lane of SE 36th Avenue resides within the municipal boundaries 15 of Delray Beach, the westbound lane of SE 36th Avenue resides within the municipal boundaries 16 of Boynton Beach, and the median between the lanes of SE 36th Avenue is one half (1/2) owned 17 and maintained by each Party; and 18 WHEREAS, the Parties previously entered into an Interlocal Agreement, dated May 19, 19 2020, as amended by that First Amendment dated February 25, 2021, to provide for the shared 20 expenses of the engineering design for improvements to SE 36th Avenue; and 21 WHEREAS, the planning/design phase of the Project is complete; and 22 WHEREAS, there are cost savings and efficiencies gained by the Parties collaborating on 23 the rehabilitation, which serves both a municipal and public purpose; and 24 WHEREAS, the scope of work for the Streetscape Project includes roadway widening for 25 an existing two-lane road with milling and resurfacing, construction of a ten-foot-wide concrete 26 shared-use path on the Boynton Beach side and an eight-foot-wide concrete shared-use path on 27 the Delray Beach side, landscape removals and new plantings, irrigation, reconstruction of 28 medians, installation of twenty-four-inch drainage pipe inclusive of drainage structures and six-29 foot-wide exfiltration trenches, water service replacement, swale regrading, lighting, and 30 incidental construction of curbs, sidewalks, driveways, sod, pavement markings, signage, and 31 87 RESOLUTION NO. R25-313 utility reconstruction; and 32 WHEREAS, the design plans also provide for the installation of a new watermain located 33 entirely within the City of Boynton Beach's portion of Gulfstream Boulevard, which watermain will 34 be funded solely by the City of Boynton Beach and is not subject to cost sharing under the 35 Interlocal Agreement; and 36 WHEREAS, the proposed Interlocal Agreement establishes a maximum construction cost 37 for the Streetscape Project of three million dollars ($3,000,000.00) with each municipality 38 responsible for one million five hundred thousand dollars ($1,500,000.00) representing their 39 proportionate share based upon the location of improvements within their respective 40 jurisdictions; and 41 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 42 the best interests of the citizens and residents of the City of Boynton Beach to approve an 43 Interlocal Agreement with the City of Delray Beach. 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 45 BEACH, FLORIDA, THAT: 46 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 47 being true and correct and are hereby made a specific part of this Resolution upon adoption 48 hereof. 49 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 50 approve an Interlocal Agreement between the City and the City of Delray Beach to allocate the 51 construction costs to rehabilitate Gulfstream Boulevard (AKA SE 36th Ave) (the “Agreement”), in 52 form and substance similar to that attached as “Exhibit A”. 53 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 54 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 55 ancillary documents required under the Agreement or necessary to accomplish the purposes of 56 the Agreement, including any term extensions as provided in the Agreement, provided such 57 documents do not modify the financial terms or material terms. 58 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 59 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 60 88 RESOLUTION NO. R25-313 Section 163.01(11), Florida Statutes, for interlocal agreements. 61 SECTION 5. This Resolution shall take effect as provided by law. The Agreement shall 62 be effective the date the Agreement is filed with the Clerk of the County Court pursuant to 63 section 163(11), Florida Statutes. 64 [SIGNATURES ON FOLLOWING PAGE] 65 89 RESOLUTION NO. R25-313 PASSED AND ADOPTED this _____ day of __________________ 2025. 66 CITY OF BOYNTON BEACH, FLORIDA 67 YES NO 68 Mayor – Rebecca Shelton _____ _____ 69 70 Vice Mayor – Woodrow L. Hay _____ _____ 71 72 Commissioner – Angela Cruz _____ _____ 73 74 Commissioner – Thomas Turkin _____ _____ 75 76 Commissioner – Aimee Kelley _____ _____ 77 78 VOTE ______ 79 ATTEST: 80 81 82 _____________________________ ______________________________ 83 Maylee De Jesús, MPA, MMC Rebecca Shelton 84 City Clerk Mayor 85 86 APPROVED AS TO FORM: 87 88 (Corporate Seal) 89 _______________________________ 90 Shawna G. Lamb 91 City Attorney 92 90 RESOLUTION NO. R25-314 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A BUDGET AMENDMENT FOR FISCAL 3 YEAR 2025-2026 AMENDING THE CAPITAL APPROPRIATION FOR THE 4 GULFSTREAM BOULEVARD CONSTRUCTION PROJECT; AND FOR ALL 5 OTHER PURPOSES. 6 7 WHEREAS, the Fiscal Year 2025-2026 Budget was adopted by the City Commission by 8 Resolution No. R25-245 on September 18, 2025; and 9 WHEREAS, staff is requesting Commission approval to amend the Fiscal Year 2025-2026 10 budget as noted specifically on Attachment 4; and 11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the City's citizens and residents to approve a Budget Amendment for Fiscal Year 13 2025-2026, amending the Capital Appropriation for the Gulfstream Boulevard Construction 14 project. 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT: 17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption. 19 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 20 approve a Budget Amendment for Fiscal Year 2025-2026, amending the Capital Appropriation for 21 the Gulfstream Boulevard Construction project, as further detailed in Attachment 4, attached 22 hereto. 23 SECTION 3. This Resolution shall take effect in accordance with the law. 24 [SIGNATURES ON THE FOLLOWING PAGE] 25 91 RESOLUTION NO. R25-314 26 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 27 CITY OF BOYNTON BEACH, FLORIDA 28 YES NO 29 Mayor – Rebecca Shelton _____ _____ 30 31 Vice Mayor – Woodrow L. Hay _____ _____ 32 33 Commissioner – Angela Cruz _____ _____ 34 35 Commissioner – Thomas Turkin _____ _____ 36 37 Commissioner – Aimee Kelley _____ _____ 38 39 VOTE ______ 40 ATTEST: 41 42 _____________________________ ______________________________ 43 Maylee De Jesús, MPA, MMC Rebecca Shelton 44 City Clerk Mayor 45 46 APPROVED AS TO FORM: 47 (Corporate Seal) 48 49 _______________________________ 50 Shawna G. Lamb 51 City Attorney 52 92 Boynton Beach / Delray Beach ILA (4.22.25) Page 1 of 10 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH (CONSTRUCTION PHASE OF SE 36TH AVE.) THIS AGREEMENT (“Agreement” or “Interlocal Agreement”) is hereby made and entered into by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipality organized under the laws of the State of Florida (hereinafter “Boynton Beach”), and the CITY OF DELRAY BEACH, FLORIDA, a municipality organized under the laws of the State of Florida (hereinafter “Delray Beach”), each a “Party” and collectively the “Parties.” WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" (hereinafter the “Act”) authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and; WHEREAS, it is the purpose of the Act to provide a means by which the Parties may exercise their respective powers, privileges, and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, the Parties have common interests in the rehabilitation of the right-of-way of SE 36th Avenue; and WHEREAS, the eastbound lane of SE 36th Avenue resides within the municipal boundaries of Delray Beach, the westbound lane of SE 36th Avenue resides within the municipal boundaries of Boynton Beach, and the median between the lanes of SE 36th Avenue. is one half (1/2) owned and maintained by each Party (the “Project Area”); and WHEREAS, the Parties previously entered into an Interlocal Agreement, dated May 19, 2020, as amended by that First Amendment dated February 25, 2021, to provide for the shared expenses of the engineering design for improvements to SE 36th Avenue; and WHEREAS, the planning/design phase of the Project is complete; and WHEREAS, there are cost savings and efficiencies gained by the Parties collaborating on the rehabilitation, which serves both a municipal and public purpose; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Parties hereby agree as follows: SECTION 1. PURPOSE (a) This Agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common, which any 93 Boynton Beach / Delray Beach ILA (4.22.25) Page 2 of 10 municipality could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida. The truth and accuracy of each recital clause set forth above is acknowledged by the Parties. (b) The purpose of this Interlocal Agreement is to establish an agreement between the Parties in order to allocate each party’s pro rata share of expenses for the construction phase of the rehabilitation of SE 36th Avenue from Seacrest Boulevard eastward to the Florida East Coast Railway right-of-way. The scope of work consists of roadway widening for an existing two-lane road with milling and resurfacing; a new 10-foot-wide concrete shared-use path on Boynton Beach’s side, and an 8-foot-wide concrete shared-use path on Delray Beach’s side; landscape removals and new plantings; irrigation; reconstruction of medians; 24-inch drainage pipe inclusive of drainage structures and 6-foot-wide exfiltration trenches; water service replacement; swale re- grading; lighting; and incidental construction of curbs, sidewalks, driveways, sod, pavement markings, signage, and utility reconstruction (the “Streetscape Portion”) and construction of a new watermain (the “Watermain Portion Phase I”) (hereinafter collectively referred to as the “Project”), as further described in the plans attached hereto as Exhibit A. The Parties acknowledge that additional street repair costs will be associated with the Watermain Portion Phase II project, which extends from the west side of the Florida East Coast Railway right-of-way. Any work, costs, or changes to bid quantities related to the Watermain Portion Phase II project shall be the sole financial responsibility of Boynton Beach. Any modifications to quantities or scope within the Phase II portion shall not affect the cost-sharing provisions established in this Interlocal Agreement for the Streetscape Portion and Watermain Portion Phase I. SECTION 2. TERM OF AGREEMENT (a) This Interlocal Agreement shall become effective upon being executed by both Parties. (b) This Interlocal Agreement shall remain in effect until the Project is completed, and Delray Beach pays its pro rata share to Boynton Beach for the Project. SECTION 3. TERMINATION This Interlocal Agreement shall not be terminated by either Party, at any time during the term, unless: (a) Agreed to in writing by both Parties; or (b) As otherwise provided in this Agreement. SECTION 4. COST SHARING AND PROCUREMENT OF THE PROJECT (a) In consideration of Boynton Beach issuing a Request for Bids for the construction phase of the Project and entering into a contract with the selected contractor for the Project (“Contractor”), Delray Beach shall pay Boynton Beach its pro rata share of cons truction expenses, which shall consist of all Streetscape Portion construction expenses associated with Delray Beach’s right-of-way or any other real property owned by Delray Beach located within the Project Area. (b) The Project construction expenses related to the Streetscape Portion of the 94 Boynton Beach / Delray Beach ILA (4.22.25) Page 3 of 10 Project shall be shared pro rata between the Parties; however, the elements of the construction specific to each Party’s property, if any, shall be paid for by the respective Party. (c) In conjunction with the Project, Boynton Beach is constructing a new watermain in the Project Area. The construction expenses related to the Watermain Portion Phase I and Phase II of the Project shall be paid for solely by Boynton Beach. (d) Each Party agrees to pay its share of the actual cost of construction expenses for the Streetscape Portion of the Project. The total cost of construction of the Streetscape Portion of the Project is estimated to be $2,657,411.20. A copy of the Project cost estimate is attached hereto as Exhibit B. The Parties agree to the following estimated pro rata expense allocation: Boynton Beach Portion $1,343,135.60 Delray Beach Portion $1,314,275.60 The Parties agree that this is an estimate only and the actual cost sharing will be based on the final construction bids and actual expenditures incurred during construction. If the actual cost of the Streetscape Portion of the Project deviates from the estimated cost, the final pro rata portion of each Party shall be automatically adjusted upward or downward to reflect such deviation, without the need for a written amendment, provided that neither Party’s portion shall exceed $1,500,000.00 (the “Estimated Maximum Cost”) without further approval by the applicable City Commission, and execution of a written amendment to this Agreement; which accounts for the base estimated construction cost plus a 10% allowance for estimation accuracy, and a 10% contingency for unforeseen conditions. Any increase beyond the Estimated Maximum Cost shall require a written amendment to this Interlocal Agreement approved by the applicable City Commission. In the event the Contractor’s proposal exceeds $2,657,411.20 plus a 10% allowance for estimation accuracy for the Streetscape Portion of the Project, the Parties will mutually agree to remove certain items from the scope of services, negotiate with the Contractor, modify the total pro rata cost, or negotiate with the Contractor, according to the Project’s Request for Bids. (e) Delray Beach shall make payments to Boynton Beach within 30 days after receipt of an invoice related to Delray Beach’s pro rata share of the Project construction expenses. (f) Boynton Beach shall invite a representative from Delray Beach’s construction staff to serve on the procurement evaluation and selection panel for the construction phase of the Project, and once selected, Delray Beach shall participate in the process between Boynton Beach and the Contractor in negotiation of a contract for the Project. (g) The Parties shall work together to conduct public meetings, which will allow the public of both Boynton Beach and Delray Beach to express any concerns related to the Project. (h) Once Boynton Beach enters into a contract with the Contractor for the Project, Delray Beach shall not be able to withdraw payment of its pro rata share of construction expenses to be payable to Boynton Beach, as provided herein. SECTION 5. PUBLIC RECORDS The Parties are public agencies subject to Chapter 119, Fla. Stat. The Parties shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, the Parties agree to: 95 Boynton Beach / Delray Beach ILA (4.22.25) Page 4 of 10 (a) Keep and maintain all records that ordinarily and necessarily would be required by the Parties; (b) Provide the public with access to public records on the same terms and conditions that the Parties would provide for the records and at a cost that does not exceed the costs 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; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the Parties all records in possession of the Parties at the termination of this Agreement and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Parties in a format that is compatible with the information technology systems of the Parties. All records shall be transferred to the Parties prior to final payment being made to the Parties. (e) If either Party does not comply with this section, the non-breaching Party shall enforce the Agreement provisions in accordance with this Agreement and may unilaterally cancel this Agreement in accordance with state law. SECTION 6. GOVERNMENT IMMUNITY Except to the extent sovereign immunity may be deemed waived by entering into this Interlocal Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either Party, nor shall anything included herein be construed as consent by either Party to be sued by a third party in any matter arising out of this Agreement. No Party shall be deemed to assume any liability for the negligent or wrongful acts or omissions of the other Party. Each Party is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the acts and omissions of its agents or employees to the extent required by applicable law. This section shall survive the expiration or termination of this Agreement. SECTION 7. INSURANCE Each Party is an entity subject to Section 768.28, Florida Statutes. Each party represents that it is insured and/or self-insured with coverage limits in accordance with state law. Each Party will provide the other Party with written verification of liability protection in accordance with state law upon request throughout the term. SECTION 8. NOTICE AND PAYMENT ADDRESS Unless otherwise stated herein, for notice to a Party to be effective under this Interlocal Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Payments shall be made to the address listed on Boynton Beach’s invoice. Addresses may be changed by the applicable Party giving notice of such change in accordance with this Section. 96 Boynton Beach / Delray Beach ILA (4.22.25) Page 5 of 10 As to City of Boynton Beach: City of Boynton Beach Attn: City Manager 100 East Ocean Ave. Boynton Beach, FL 33435 Email address: DuggerD@bbfl.us As to City of Delray Beach: City of Delray Beach Attn: City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Email address: Moore@mydelraybeach.com SECTION 9. FORCE MAJEURE Except as otherwise provided in this Interlocal Agreement, neither Party shall be deemed in default or in breach of this Interlocal Agreement to the extent it is unable to perform due to an event of Force Majeure. For the purpose of this Interlocal Agreement, Force Majeure shall mean and include any act of God, accident, lockout, strike or other labor dispute, riot or civil commotion, act of a public enemy, enactment, rule, or order of government or governmental instrumentality (whether domestic or international and whether federal, state or local, or the international equivalent thereof), or any other cause of any nature whatsoever beyond the control of either Party, which was not avoidable in the exercise of reasonable care and foresight. SECTION 10. REMEDIES Both Parties shall have any and all remedies as permitted by law. The Parties agree, however, to provide for positive dialogue and communications if disputes or disagreements arise as to the application or interpretation of the Interlocal Agreement provisions. SECTION 11. MISCELLANEOUS PROVISIONS (a) Joint Preparation. The preparation of this Agreement has been a joint effort of the Parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the Parties than the other. (b) Representation of Authority. Each individual executing this Agreement on behalf of a Party represents and warrants that they are, on the date they sign this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Party and that they do so with full legal authority. (c) Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed on behalf of each Party respectively, by persons authorized to execute same on their behalf. 97 Boynton Beach / Delray Beach ILA (4.22.25) Page 6 of 10 (d) Independent Contractors. This Agreement does not and shall not be construed to make any officer or employee of Boynton Beach an officer or employee of Delray Beach for any purpose whatsoever, nor any officer or employee of Delray Beach an officer or employee of Boynton Beach for any purposes whatsoever. Neither Party is authorized to make or enter into any contract, agreement, or warranty for or on behalf of the other, unless the parties to this Agreement have entered into a written agreement expressly authorizing such. (e) Third-Party Beneficiaries. Neither Boynton Beach nor Delray Beach intends to directly or substantially 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. (f) Non-Discrimination. The Parties agree no person shall, on the grounds of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation, be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Interlocal Agreement. (g) Severability. If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. (h) Governing Law; Venue. This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce or arising out of this Agreement shall be held exclusively in Palm Beach County, Florida. In any litigation brought to enforce the terms of this Interlocal Agreement, the Parties shall bear their own costs and attorney’s fees incurred in connection therewith. BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT. (i) Records Retention. The Parties shall maintain records associated with this Interlocal Agreement, including, but not limited to, all accounts, financial, and technical records, research, or reports in accordance with Florida law. (j) Materiality and Waiver or Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm’s-length. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Interlocal Agreement, and each is, therefore, a material term. Any Party’s failure to enforce any provision of this Interlocal Agreement shall not be deemed a waiver of such provision or modification of this Interlocal Agreement. A waiver of any breach of a provision of this Interlocal Agreement shall not be deemed a waiver of 98 Boynton Beach / Delray Beach ILA (4.22.25) Page 7 of 10 any subsequent breach and shall not be construed to be a modification of the terms of this Interlocal Agreement. (k) Counterparts and Multiple Originals. This Interlocal 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 Interlocal Agreement. (l) Compliance with Laws. Each Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Interlocal Agreement. (m) Prior Agreements. This Interlocal Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Interlocal Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Interlocal Agreement are contained herein. (n) Assignment. Neither this Interlocal Agreement nor any term or provision hereof or right hereunder shall be assignable by either Party without the prior written consent of the other Party. (o) Interpretation. The headings contained in this Interlocal Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Interlocal Agreement. All personal pronouns used in this Interlocal Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Interlocal Agreement as a whole and not to any particular sentence, paragraph, or section where they appear unless the context otherwise requires. Whenever reference is made to a section or article of this Interlocal Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. (p) Filing. This Interlocal Agreement and subsequent amendments thereto shall be filed by the Parties with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11), Florida Statutes. (Signatures on Following Page) 99 Boynton Beach / Delray Beach ILA (4.22.25) Page 8 of 10 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH (CONSTRUCTION PHASE OF SE 36TH AVE.) IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement: City of Boynton Beach, signing by and through its Mayor, authorized to execute same by City Commission action on the _____ day of _________________, 2025, and City of Delray Beach, signing by and through its __________________________________, authorized to execute same by City Commission action on the _____ day of _________________, 2025. CITY OF BOYNTON BEACH By: __________________________ Rebecca Shelton, Mayor ATTEST: _________________________ City Clerk Approved as to form By:_______________________ Shawna G. Lamb, City Attorney CITY OF DELRAY BEACH By: __________________________ Thomas F. Carney, Jr., Mayor ATTEST: _________________________ Alexis Givings, City Clerk Approved as to form By:_______________________ Lynn Gelin, City Attorney 100 Boynton Beach / Delray Beach ILA (4.22.25) Page 9 of 10 EXHIBIT A PROJECT PLANS 101 Boynton Beach / Delray Beach ILA (4.22.25) Page 10 of 10 EXHIBIT B COST ESTIMATE 102 PROJECT No: 204088NOTES: LEGAL DESCRIPTION: SEACREST BLVD. TO FEC RAILROAD NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. N S W E BENCHMARK: PROJECT LOCATION SE 36TH AVE. STREETSCAPE IMPROVEMENTS Scale: 1" = 500' LOCATION MAP NUMBER PERMITDATE APPROVEDSUBMITTED DATEPERMITTING AGENCIES EXPIRATION DATE CURRENT REV No.: ---- - ---- SHEET: DATE:NONODATEREVISIONBY REVISIONDATE BY 09/22/2025 G0 R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com SE 36th AVE FEC RAILROADN FEDERAL HWY (US 1)SEACREST BLVD.WEBB AVE.OCEANVIEW AVE.GULFSTREAM DR DE CARIE STSE 2nd CT.SE 2nd ST.SE 1st ST.SE 35th AVE SE 34th AVE GULFSTREAM BLVD SEACREST BLVD.OLD DIXIE HWYN SWINTON AVE.NE 22nd ST CITY OFFICIALS MAYOR VICE-MAYOR DEPUTY VICE-MAYOR COMMISSIONER COMMISSIONER CITY MANAGER TOM CARNEY ROB LONG ANGELA BURNS TOM MARKERT JULI CASALE TERRENCE MOORE CITY OFFICIALS MAYOR COMMISSIONER/VICE-MAYOR COMMISSIONER COMMISSIONER COMMISSIONER CITY MANAGER REBECCA SHELTON WOODROW L. HAY ANGELA CRUZ THOMAS TURKIN AIMEE KELLEY DANIEL DUGGER SEPTEMBER 2025 INDEX OF PLANS SHEET No.SHEET DESCRIPTION G0 COVER SHEET G1 SIGNATURE SHEET G2 LEGENDS, ABBREVIATIONS AND NOTES G3 TYPICAL SECTION G4 - G7 GENERAL DETAILS G8 DRAINAGE DETAILS G9 PALM BEACH COUNTY DETAILS AND NOTES D1 - D4 EXISTING CONDITIONS AND DEMOLITION PLANS C1 - C4 PAVING, GRADING AND DRAINAGE PLANS WM1 - WM4 WATER MAIN PLANS WM5 WATER MAIN INSTALLATION DETAILS XS1 - XS10 CROSS SECTIONS SPM1 - SPM2 SIGNING AND PAVEMENT MARKING PLANS SWPPP1 - SWPPP2 STORMWATER POLLUTION PREVENTION PLANS SWPPP3 STORMWATER POLLUTION PREVENTION PLAN NOTES AND SPECIFICATIONS SWPPP4 STORMWATER POLLUTION PREVENTION PLAN CONTRACTOR FORM & DETAILS LE1 - LE4 TREE DISPOSITION PLANS LE5 TREE DISPOSITION NOTES & DETAILS LS1 - LS2 LANDSCAPE SOIL PLANS LS3 LANDSCAPE SOIL DETAILS & NOTES L-1 - L-4 PLANTING PLANS L-5 PLANTING DETAILS & NOTES IR1 - IR4 IRRIGATION PLANS IR5 IRRIGATION NOTES IR6 - IR7 IRRIGATION DETAILS PH1 - PH2 EXISTING PHOTOMETRIC CONDITIONS PH3 - PH4 PROPOSED PHOTOMETRIC PLANS PH5 PHOTOMETRIC DETAILS E1 PARTIAL ELECTRICAL SITE PLAN, NOTES AND DETAILS BID SET ELEVATIONS ARE IN NAVD 1988 CITY OF BOYTON BEACH PROJECT NUMBER UT2D05 - PROJECT LEAD CITY OF DELRAY BEACH PROJECT NUMBER 17-010 BOYNTON BEACH/DELRAY BEACH, FLORIDA PROJECT MANAGER MOISEY ABDURAKHMANOV ITEM UTILITY WORK WITHIN PALM BEACH COUNTY RIGHT OF WAY SUMMARY TABLE QUANTITY 103 SIGNATURE SHEET BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G1 JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. INDEX OF PLANS SHEET No.SHEET DESCRIPTION G0 COVER SHEET G1 SIGNATURE SHEET G2 LEGENDS, ABBREVIATIONS AND NOTES G3 TYPICAL SECTION G4 - G7 GENERAL DETAILS G8 DRAINAGE DETAILS G9 PALM BEACH COUNTY DETAILS AND NOTES D1 - D4 EXISTING CONDITIONS AND DEMOLITION PLANS C1 - C4 PAVING, GRADING AND DRAINAGE PLANS WM1 - WM4 WATER MAIN PLANS WM5 WATER MAIN INSTALLATION DETAILS XS1 - XS10 CROSS SECTIONS SPM1 - SPM2 SIGNING AND PAVEMENT MARKING PLANS SWPPP1 - SWPPP2 STORMWATER POLLUTION PREVENTION PLANS SWPPP3 STORMWATER POLLUTION PREVENTION PLAN NOTES AND SPECIFICATIONS SWPPP4 STORMWATER POLLUTION PREVENTION PLAN CONTRACTOR FORM & DETAILS MICHAEL D. CONNER, STATE OF FLORIDA, REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL D. CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. INDEX OF PLANS SHEET No.SHEET DESCRIPTION G1 SIGNATURE SHEET PH1 - PH2 EXISTING PHOTOMETRIC CONDITIONS PH3 - PH4 PROPOSED PHOTOMETRIC PLANS PH5 PHOTOMETRIC DETAILS E1 PARTIAL ELECTRICAL SITE PLAN, NOTES AND DETAILS INDEX OF PLANS SHEET No.SHEET DESCRIPTION G1 SIGNATURE SHEET LE1 - LE4 TREE DISPOSITION PLANS LE5 TREE DISPOSITION NOTES & DETAILS LS1 - LS2 LANDSCAPE SOIL PLANS LS3 LANDSCAPE SOIL DETAILS & NOTES L-1 - L-4 PLANTING PLANS L-5 PLANTING DETAILS & NOTES IR1 - IR4 IRRIGATION PLANS IR5 IRRIGATION NOTES IR6 - IR7 IRRIGATION DETAILS STATE OF ✩✩ No 45832 PROF E SSIONAL E N G INEER JORG E R . CERV A N TES✩ FLO R I D A LICENSE STATE OF ✩✩✩ No 1181 LAND SCAPE A R C H ITECT MICH A E L D. CO N NERFLO R I D A LICENSE STATE OF ✩✩✩ No 78536 PROF E SSIONAL E N G INEER FLO R I D ANICHOLAS W . KA N E L I DISLICENSE NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. CALVIN, GIORDANO & ASSOCIATES, INC. 580 VILLAGE BLVD., SUITE 325 WEST PALM BEACH, FLORIDA 33409 561-684-6161 CALVIN, GIORDANO & ASSOCIATES, INC. 580 VILLAGE BLVD., SUITE 325 WEST PALM BEACH, FLORIDA 33409 561-684-6161 CALVIN, GIORDANO & ASSOCIATES, INC. 580 VILLAGE BLVD., SUITE 325 WEST PALM BEACH, FLORIDA 33409 561-684-6161 104 ABBREVIATION LEGEND LINE TYPE LEGEND HATCHING LEGEND PROPOSED SYMBOL LEGEND EXISTING SYMBOL LEGEND ELECMMMM EXISTING TREE LEGEND BID SET ELEVATIONS ARE IN NAVD 1988 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G2 LEGENDS, ABBREVIATIONS AND NOTES SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA GENERAL CONSTRUCTION NOTES: 105 SE 36TH AVENUE BID SET ELEVATIONS ARE IN NAVD 1988 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 NOT TO SCALE G3SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA TYPICAL SECTION 106 * MINIMUM.* "A" "B" "A" LOCATIONTYPE TABLE OF SIDEWALK JOINTS LAND DEVELOPMENT REGULATIONS.OTHER AREAS AS SPECIFIED BY THE MULTI-FAMILY AREAS SINGLE-FAMILY AREAS WIDTHS - "W"TABLE OF SIDEWALK AT DRIVEWAYS & OTHER AREASWITHIN 10' OF CROSS-STREETS, THICKNESS - "T"TABLE OF SIDEWALK RESIDENTIAL AREAS P-16SIDEWALK CONSTRUCTION DETAIL BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO. 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.P-18PATHWAY: SIDEWALK 02/20 EFF. DATE PAGE NUMBER BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO SCALE UTILITIES ENGINEERING DIVISION · · WATER MAINS SEWER SEPARATION STATEMENT 05/24 EFF. DATE PAGE NUMBER BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO SCALE UTILITIES ENGINEERING DIVISION HORIZONTAL SEPARATION DETAIL 05/24 EFF. DATE PAGE NUMBER BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO SCALE UTILITIES ENGINEERING DIVISION VERTICAL SEPARATION DETAIL 05/24 EFF. DATE PAGE NUMBER BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO SCALE UTILITIES ENGINEERING DIVISION TYPICAL TRENCH DETAIL 05/24 EFF. DATE PAGE NUMBER BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO SCALE UTILITIES ENGINEERING DIVISION · PRESSURE PIPE VERTICAL DEFLECTION 05/24 BID SET ELEVATIONS ARE IN NAVD 1988 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G4GENERAL DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA DENOTES ENGINEER OF RECORD HAS MADE MODIFICATIONS TO CITY DETAILS ON THIS SHEET 10' 1.5% 1.5% 107 THRUST COLLAR 4", 6" & 8" PIPE FOR LINE STOPS SECTION PLAN STANDARD 2" TERMINAL BLOWOFF 05/24 SAMPLING POINT (IN-LINE) CLEANING CANNON FLUSHING PROCEDURE 05/24 NEW CONNECTION DOUBLE VALVE SWAB TEE OR WYE WITH ATMOSPHERIC VENT CONNECTION 05/24 WATER TYPICAL GATE VALVE SETTING AND CUT-IN DETAIL 05/24 TYPICAL WATER SERVICE INSTALLATION 05/24 TYPICAL RESIDENTIAL & COMMERCIAL WATER SERVICE 05/24 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G5GENERAL DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 DENOTES ENGINEER OF RECORD HAS MADE MODIFICATIONS TO CITY DETAILS ON THIS SHEET 108 WATERMETERPOTABLE WATER SERVICE TOUCHREAD 17"x30" LIDS FOR SENSUS 1-1/2" & 2" WATER METERSWATER MAIN DOUBLE VALVE DETAIL 05/24 WATER METER1118POTABLE WATER SERVICE RADIO READ FOR SENSUS 3/4" & 1" WATER METERS 05/24 BACKFLOW DEVICE FOR 3/4" TO 2" WATER METER 05/24 WATER TERMINATION VALVE AND CAP 05/24 WATER MAIN LOCATING WIRE DETAIL FOR NON-METALLIC PIPE 05/24 TAPPING SLEEVE AND VALVE INSTALLATION DETAIL 05/24 PRESSURE PIPE - DESIGN TABLE FOR THRUST RESTRAINT PIPE SIZE 4" 6" 8" 10" 12" 16" 20" 24" 30" 36" 42" 48" 14 20 25 30 35 45 54 62 73 84 93 101 6 8 11 13 15 19 22 26 30 35 38 42 3 4 5 6 7 9 11 12 15 17 18 20 1 2 3 3 4 4 5 6 7 8 9 10 55 79 103 125 147 189 228 266 319 368 412 454 22 38 49 59 69 88 106 123 145 165 184 201 22 32 42 51 60 77 93 109 131 151 170 187 10 14 19 23 28 35 43 50 59 67 75 82 7 12 17 21 26 34 42 49 60 70 78 87 2 4 6 8 10 14 17 21 25 29 33 36 3 4 6 9 11 15 19 22 28 32 37 41 1 1 1 2 3 5 7 8 10 12 14 16 32 45 59 70 83 107 129 151 190 220 244 270 32 45 59 70 83 107 129 151 100 110 125 135 4"x 0 23 6"x 0 21 35 8"x 0 18 34 47 10"x 0 16 32 46 58 12"x 0 13 30 44 57 69 16"x 0 7 26 41 55 67 90 20"x 0 1 21 38 52 65 88 109 24"x 0 1 16 34 49 62 86 108 129 30"x 01 8 28 44 58 83 106 127 154 36"x 0 1 1 22 39 54 80 103 124 153 179 42"x 0 1 1 15 33 49 77 100 122 151 177 201 48"x 0 1 1 7 27 44 73 97 120 149 176 200 222 6"x 0 23 8"x 0 38 25 10"x 0 57 43 24 12"x 0 72 60 44 41 16"x 0 99 90 78 75 45 20"x 0 123 116 107 105 81 45 24"x 0 146 140 132 131 111 82 45 30"x 0 157 153 148 141 133 113 87 56 36"x 0 182 179 175 169 163 147 126 101 56 42"x 0 205 202 199 194 189 175 158 138 100 54 48"x 0 226 224 221 217 213 201 187 169 138 98 53 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G6GENERAL DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 109 TYPE 'F' CURB AND GUTTER SCALE: N.T.S. CONNECTION TO EXISTING PAVEMENT SCALE:N.T.S. TYPE 'D' CURB SCALE: N.T.S. SWALE AND SHARED USE PATH DETAIL SCALE:N.T.S. DRIVEWAY DETAIL SCALE:N.T.S. DROP CURB SCALE:N.T.S. CURB & CURB AND GUTTER DETAIL SCALE: N.T.S. VALLEY GUTTER SCALE: N.T.S. TYPICAL MAILBOX RELOCATION DETAIL SCALE:N.T.S. THICKENED EDGE SIDEWALK (STA. 21+69.88 TO STA. 21+81.88) WITH GUIDERAIL SCALE:N.T.S. NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G7GENERAL DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 110 SIDE VIEW ¹FRONT VIEW STANDARD DIMENSIONS TOP VIEW RECTANGULAR STRUCTURE²TOP VIEW ROUND STRUCTURE PIPE DIA. W¹ (INCHES) T (GAUGE) H (INCHES) STANDARD DIMENSIONS W² (INCHES) SECTION TYPE SECTION "A""B""C""D""E""F""G""H" TOP SLAB DETAILS TOP SLAB FOR MANHOLE TOP SLAB FOR CATCH BASIN PRECAST DRAINAGE STRUCTURE SCALE:N.T.S. CURRENT EXFILTRATION TRENCH SCALE:N.T.S. CURRENT POLLUTION RETARDANT BAFFLE (PRB) SCALE:N.T.S. CURRENT TYPICAL TRENCH DETAIL SCALE:N.T.S. CURRENT PAVEMENT REPLACEMENT/PIPE INSTALLATION UNDER ROADWAY - OPEN CUT SCALE:N.T.S. CURRENT U.S. FO U N D R Y MADE I N U.S.ASTOR M S E W E R CITY OF BOYNTON BEACH MANHOLE COVER - 30" OPENING SCALE:N.T.S. CURRENTU.S. FOUNDRYMADE IN U.S .A STORM SEWERMODIFICATIONS TO STCB01 SCALE:N.T.S. CURRENT CITY O F D E L RA Y BEACHST ORM S E W E R U .S .F O U N D R Y & MFG . C O R P . MA D E I N U .S .A .CITY OF DELRAY BEACH STORM MANHOLE COVER SCALE:N.T.S. CURRENT CONCRETE APRON DETAIL SCALE:N.T.S. PLAN SECTION A-A SECTION B-B PROTECTIVE ENCLOSURES FOR ABOVE GROUND DEVICES 05/24 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G8DRAINAGE DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 111 EFF. DATE PAGE NUMBER BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO SCALE UTILITIES ENGINEERING DIVISION · PRESSURE PIPE VERTICAL DEFLECTION 05/24 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN G9PALM BEACH COUNTY DETAILS AND NOTES SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 112 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD 99+00100+0010+00 11+00 12+00 13+00 14+00SEACREST BLVD. STA. 99+45.99 = SE 36TH AVENUE STA. 9+99.63 BEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 STOPONLYBIKE LANESTOPPARKING BYONLYDISABLEDPERMITAHEADNOPARKINGANYTIMENOPARKINGANYTIMENOPARKINGANYTIMECITY OF BOYNTON BEACH CITY OF DELRAY BEACHPALM BEACH COUNTY15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 10+00 11+00 12+00 13+00 14+00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 EXISTING CONDITIONS AND DEMOLITION PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN D1MATCH LINE STA. 14+50SEE SHEET D2 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 9+50.00 TO STA. 14+50.00 HATCHING LEGEND D1 D2 D3 D4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVE113 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD 15+00 16+00 17+00 18+00 19+00SE 36 AVESE 2 STSE 36 AVESE 1 STOCEANVIEW AVEGULFSTREAM BLVD CITY OF DELRAY BEACH CITY OF BOYNTON BEACH STOPSTOPSTOP 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 15+00 16+00 17+00 18+00 19+00 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 EXISTING CONDITIONS AND DEMOLITION PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN D2MATCH LINE STA. 19+50SEE SHEET D3 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 14+50.00 TO STA. 19+50.00MATCH LINE STA. 14+50SEE SHEET D1 FOR CONTINUATIONHATCHING LEGEND D1 D2 D3 D4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVE114 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD 20+00 21+00 22+00 23+00 24+00SPEEDLIMIT30SE 36 AVESE 2 CTCITY OF DELRAY BEACH CITY OF BOYNTON BEACH STOP6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9+00 20+00 21+00 22+00 23+00 24+00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31+00 EXISTING CONDITIONS AND DEMOLITION PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN D3MATCH LINE STA. 24+50SEE SHEET D4 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 19+50.00 TO STA. 24+50.00MATCH LINE STA. 19+50SEE SHEET D2 FOR CONTINUATIONHATCHING LEGEND D1 D2 D3 D4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVE115 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROAD25+00 26+00 27+00 28+00 29+00 69+0070+0071+00JAMESTOWNLANEEND PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 FEC RAILROAD STA. 70+00.00 = SE 36TH AVENUE STA. 28+99.11 RRWEBER AVEGULFSTREAM BLVDJAMESTOWN LNGULFSTREAM BLVDNOTRAIN HORNCITY OF DELRAY BEACH CITY OF BOYNTON BEACH STOPSTOP 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9+00 25+00 26+00 27+00 28+00 29+00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31+00 EXISTING CONDITIONS AND DEMOLITION PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN D4 SCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 24+50.00 TO STA. 29+50.00MATCH LINE STA. 24+50SEE SHEET D3 FOR CONTINUATIONHATCHING LEGEND D1 D2 D3 D4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVE116 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD STORMSEWERSTORMSEWER BEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 99+00100+0010+00 11+00 12+00 13+00 14+00 10+39.88 37.50' LT. 10+39.88 37.50' RT. 14+39.61 37.50' LT. SEACREST BLVD. STA. 99+45.99 = SE 36TH AVENUE STA. 9+99.63 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH G-4 G-4 CR-K CR-LPALM BEACH COUNTY0.30% 1.00% 1.40% 0.90%10+15.51EL. 26.0010+40.00EL. 26.0811+00.00EL. 26.6812+00.00EL. 28.0814+50.00 EL. 30.33 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 25.92 STA. 10+15.51 BEGIN PROJECT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 10+00 11+00 12+00 13+00 14+00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 STORMSEWER PAVING, GRADING AND DRAINAGE PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN C1MATCH LINE STA. 14+50SEE SHEET C2 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 9+50.00 TO STA. 14+50.00 HATCHING LEGEND C1 C2 C3 C4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVESE 36TH AVE UTILITY CONFLICT TABLE TEST HOLE SUMMARY REPORT NOTE NOTE 117 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD 15+00 16+00 17+00 18+00 19+00 15+04.61 52.50' LT. 14+54.61 52.50' LT. 15+19.61 37.50' LT.17+70.03 37.50' LT. 17+85.03 52.50' LT. 18+35.03 52.50' LT. 18+50.03 37.50' LT. 17+85.03 37.50' RT. 18+35.03 37.50' RT. PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH 15+23.02 18.50' RT. 14+69.16 87.50' LT. 17+98.50 87.50' LT. 17+99.80 94.50' RT.18+20.77 94.50' RT. 15+52.02 18.50' RT.16+34.77 18.50' RT. 16+57.11 18.50' RT. 16+92.85 18.50' RT. 17+19.57, 18.50' RT. 16+94.04 18.50' LT. 16+63.52, 18.50' LT.16+65.34, 18.50' LT.16+39.73 18.50' LT. 19+07.79, 18.50' LT.19+34.38 18.50' LT. 19+40.45 18.50' RT. 19+13.41 18.50' RT. 19+12.12 18.50' RT. 18+85.42 18.50' RT. 15+19.61, 7.50' LT. 15+19.61 7.50' RT. 15+00.49 2.64' RT. 15+00.49 2.64' LT. 15+13.65, 18.50' LT. 14+58.73 2.64' LT. 14+58.73 2.64' RT. 17+73.57 18.50' LT. 17+69.98 7.50' LT. 17+89.12 2.62' LT. 17+89.12 2.65' RT.17+70.03 7.50' RT.17+74.48 18.50' RT. 17+99.48 43.30' RT. 18+22.40 36.50' RT. 18+46.40 18.50' RT. 18+50.03 7.50' RT. 18+30.88 2.62' RT. 18+30.89 2.65' LT. 18+49.98 7.50' LT. 18+45.80 18.50' LT. PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL 14+88.78 87.50' LT. 14+68.70 43.20' LT. 14+88.65 43.06' LT. 18+21.03 65.91' RT. 18+21.40, 43.09' RT. 18+21.42, 42.31' RT. 17+98.57 43.67' LT. 18+20.80 43.38' LT. 18+20.73 87.50' LT. 0.30% 1.00% -0.30% -4.6 0 %16+00.00EL. 31.4815+50.00EL. 31.33+43.40EL. 22.13K = 52.0 223' V.C.+38.28EL. 31.36+61.72EL. 25.88EL. 30.33 14+50.00 EL. 30.9417+50.00EL. 29.83 17+50.00 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 21.83 19+50.00 K=52.0 213'V.C. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 15+00 16+00 17+00 18+00 19+00 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 STORMSEWER PAVING, GRADING AND DRAINAGE PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN C2MATCH LINE STA. 19+50SEE SHEET C3 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 14+50.00 TO STA. 19+50.00MATCH LINE STA. 14+50SEE SHEET C1 FOR CONTINUATIONHATCHING LEGEND C1 C2 C3 C4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVESE 36TH AVE UTILITY CONFLICT TABLE TEST HOLE SUMMARY REPORT NOTE NOTE 118 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD ST-01 ST-03 ST-02 ST-04 ST-05 ST-06 ST-07 20+00 21+00 22+00 23+00 24+00 21+25.03 52.50' LT. 21+10.03 37.50' LT. 21+75.03, 52.50' LT. 21+90.03, 37.50' LT. 23+91.06 52.15' LT. 24+24.06 52.15' LT. PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH 19+58.97 18.50' RT. 21+40.17 87.50' LT. 19+84.93 18.50' RT. 19+85.73 18.50' RT. 20+10.69 18.50' RT. 20+60.22 18.50' RT. 20+87.39 18.63' RT. 21+40.37 18.50' RT. 21+62.37, 18.50' RT. 22+14.41 18.50' RT. 22+36.57, 18.50' RT. 22+63.14 18.50' RT. 22+87.34 18.50' RT. 22+89.55, 18.50' RT. 23+11.85 18.50' RT. 23+44.58 18.50' RT. 23+64.22 18.50' RT. 23+65.80 18.50' RT. 23+95.63 18.50' RT. 24+15.38 18.50' RT. 24+38.49 18.50' RT. 24+45.87 18.50' RT. 21+05.80 18.50' LT.20+83.80 18.50' LT. 20+75.93, 18.50' LT. 20+51.55, 18.50' LT. 20+10.07 18.50' LT. 19+88.07 18.50' LT.21+10.03, 7.50' LT. 21+10.03, 7.50' RT. 21+28.83, 2.05' RT. 21+29.15 2.64' LT. 21+90.03 7.50' LT. 21+70.91 21+70.91 2.64' RT. 21+90.03, 7.50' RT. 21+39.62 43.04' LT. 21+84.20, 18.50' LT. 21+14.63 18.50' LT. PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL 21+59.31 41.16' LT. 21+58.20 87.50' LT. -0.30%0.40%-0.50% 24+50.00 EL. 16.3722+67.31EL. 16.91K = 52.0 213' V.C.+56.60EL. 16.69K = 49.0 44' V.C.+58.76EL. 16.68+02.87EL. 16.66EL. 21.83 19+50.00 EL. 17.22 20+50.00 EL. 18.32 20+49.98 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 16.57 21+80.81 GROUND WATER ELEVATION = 10.00 RIM EL. = 16.69 RIM EL. = 16.38 RIM EL. 16.28 ST-01 ST-03 ST-02 ST-07 GRATE EL. = 16.63 GRATE EL. = 16.20 ST-04 ST-06 ST-05 GRATE EL. = 17.60 GRATE EL. = 15.96 PROPOSED 6" C-900 PVC LAT. PROPOSED 6" WYE PROPOSED 6" C-900 PVC LAT. PROP. 6" WYE BOT. EL. = 8.00 BOT. EL. 8.00 BOT. EL. 8.00 BOT. EL. = 8.00 BOT. EL. 8.00 BOT. EL. 8.00BOT. EL. = 8.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00 INV. EL. 10.00INV. EL. 10.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9+00 20+00 21+00 22+00 23+00 24+00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31+00 STORMSEWER PAVING, GRADING AND DRAINAGE PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN C3MATCH LINE STA. 24+50SEE SHEET C4 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 19+50.00 TO STA. 24+50.00MATCH LINE STA. 19+50SEE SHEET C2 FOR CONTINUATIONHATCHING LEGEND C1 C2 C3 C4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVESE 36TH AVE UTILITY CONFLICT TABLE TEST HOLE SUMMARY REPORT NOTE NOTE 119 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADJAMESTOWNLANE25+00 26+00 27+00 28+00 29+00 69+0070+0071+0027+39.71 37.50' LT. 27+45.82 53.11' LT. 27+85.82 61.22' LT. 27+85.82 50.55' LT. 27+91.01 37.50' LT. 28+54.16 37.50' LT. 28+42.95 37.50' RT. 27+42.95 37.50' RT. 26+92.39, 37.50' RT. 27+45.82 61.22' LT. END PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 FEC RAILROAD STA. 70+00.00 = SE 36TH AVENUE STA. 28+99.11 PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH 27+24.82, 88.93' RT. 27+00.92 85.36' RT. 24+73.71 18.50' RT. 24+85.10 18.50' RT. 25+13.44 18.50' RT. CR-L CR-D 26+80.50 7.50' LT. 26+99.62 2.64' LT. 26+99.62 2.64' RT. 26+80.50, 7.50' RT.26+87.68 18.50' RT. 27+07.39 41.91' RT. 27+07.07 43.73' RT. 27+29.03 50.65' RT. 27+30.53 40.58' RT. 27+55.87, 19.29' RT. 27+67.81 30.75' RT. 27+65.93, 33.28' RT. 28+14.43 8.22' RT. 28+13.92 5.91' LT. 28+34.00 28.44' LT. 28+01.90, 28.50' LT. 27+85.01 37.72' LT. 27+42.02 36.50' LT. 27+33.59, 26.96' LT.27+14.85, 18.50' LT. 28+46.73 25.25' LT. PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL 27+43.03 37.72' LT. 28+49.16 24.35' LT. 28+46.30 5.22' LT. 27+67.42 33.49' RT. 27+65.33 37.50' RT. 28+39.92 37.50' RT. 28+44.28 8.27' RT. 27+30.49 50.99' RT. 27+06.18 50.17' RT. 27+58.15, 19.34' RT. 0.30%0.30% -0.30%28+00.00EL. 15.5728+45.52EL. 15.7027+58.40EL. 15.44EL. 16.37 24+50.00 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 15.62 STA. 28+45.52 END PROJECT GROUND WATER ELEVATION = 10.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9+00 25+00 26+00 27+00 28+00 29+00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31+00 STORMSEWER PAVING, GRADING AND DRAINAGE PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN C4 SCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 24+50.00 TO STA. 29+50.00MATCH LINE STA. 24+50SEE SHEET C3 FOR CONTINUATIONHATCHING LEGEND C1 C2 C3 C4 KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVESE 36TH AVENOTE NOTE 120 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD STORMSEWER BEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 99+00100+0010+00 11+00 12+00 13+00 14+00SEACREST BLVD. STA. 99+45.99 = SE 36TH AVENUE STA. 9+99.63 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BLPALM BEACH COUNTYSTORMSEWER 0.30% 1.00% 1.40% 0.90%10+15.51EL. 26.0010+40.00EL. 26.0811+00.00EL. 26.6812+00.00EL. 28.0814+50.00 EL. 30.33 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 25.92 STA. 10+15.51 BEGIN PROJECT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 10+00 11+00 12+00 13+00 14+00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 STORMSEWER WATER MAIN PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN WM1MATCH LINE STA. 14+50SEE SHEET C2 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 9+50.00 LT. TO STA. 14+50.00 LT. HATCHING LEGEND KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTOCEANVIEWAVEJAMESTOWNLNUTILITY CONFLICT TABLE SE 36TH AVE TEST HOLE SUMMARY REPORT NOTES NOTE NOTE WM1 WM2 WM3 WM4 FEC RRWEBB AVE121 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD 15+00 16+00 17+00 18+00 19+00 PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL 0.30% 1.00% -0.30% -4.6 0 %16+00.00EL. 31.4815+50.00EL. 31.33+43.40EL. 22.13K = 52.0 223' V.C.+38.28EL. 31.36+61.72EL. 25.88EL. 30.33 14+50.00 EL. 30.9417+50.00EL. 29.83 17+50.00 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 21.83 19+50.00 K=52.0 213'V.C. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 15+00 16+00 17+00 18+00 19+00 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 STORMSEWER WATER MAIN PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN WM2MATCH LINE STA. 19+50SEE SHEET C3 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 14+50.00 LT. TO STA. 19+50.00 LT.MATCH LINE STA. 14+50SEE SHEET C1 FOR CONTINUATIONHATCHING LEGEND KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTOCEANVIEWAVEJAMESTOWNLNUTILITY CONFLICT TABLE SE 36TH AVE TEST HOLE SUMMARY REPORT NOTES NOTE NOTE WM1 WM2 WM3 WM4 FEC RRWEBB AVE122 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD 20+00 21+00 22+00 23+00 24+00 PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL -0.30%0.40%-0.50% 24+50.00 EL. 16.3722+67.31EL. 16.91K = 52.0 213' V.C.+56.60EL. 16.69K = 49.0 44' V.C.+58.76EL. 16.68+02.87EL. 16.66EL. 21.83 19+50.00 EL. 17.22 20+50.00 EL. 18.32 20+49.98 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 16.57 21+80.81 GROUND WATER ELEVATION = 10.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9+00 20+00 21+00 22+00 23+00 24+00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31+00 STORMSEWER WATER MAIN PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN WM3MATCH LINE STA. 24+50SEE SHEET C4 FOR CONTINUATIONSCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 19+50.00 LT. TO STA. 24+50.00 LT.MATCH LINE STA. 19+50SEE SHEET C2 FOR CONTINUATIONHATCHING LEGEND WM1 WM2 WM3 WM4 KEY MAP UTILITY CONFLICT TABLESE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVESE 36TH AVE TEST HOLE SUMMARY REPORT NOTES NOTE NOTE 123 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADJAMESTOWNLANE25+00 26+00 27+00 28+00 29+00 69+0070+0071+00END PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 FEC RAILROAD STA. 70+00.00 = SE 36TH AVENUE STA. 28+99.11 PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL 28+39.92 37.50' RT. 28+51.12 37.50' LT. 0.30%0.30% -0.30%28+00.00EL. 15.5728+45.52EL. 15.7027+58.40EL. 15.44EL. 16.37 24+50.00 PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL PROP. GROUND PROFILE @ CONST./SURVEY BL EL. 15.62 STA. 28+45.52 END PROJECT GROUND WATER ELEVATION = 10.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9+00 25+00 26+00 27+00 28+00 29+00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 31+00 STORMSEWER WATER MAIN PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN WM4 SCALE: 1" = 20' HORIZ. 1" = 2' VERT. SE 36TH AVENUE - STA. 24+50.00 LT. TO STA. 29+50.00 LT.MATCH LINE STA. 24+50SEE SHEET C3 FOR CONTINUATIONHATCHING LEGEND KEY MAP SE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTOCEANVIEWAVEJAMESTOWNLNSE 36TH AVE NOTES NOTE NOTE WM1 WM2 WM3 WM4 WEBB AVEFEC RR124 STORMSEWER 28+39.92 37.50' RT. 28+51.12 37.50' LT. 24+00 15+00 18+00 WATER MAIN INSTALLATION DETAILS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN WM5 KEY MAP SE 1STSTSEACRESTBLVDSE 2NDSTSE 2NDCTFEC RROCEANVIEWAVEJAMESTOWNLNWEBB AVE4 SE 36TH AVENUE - STA. 23+95.00 TO STA. 24+45.00 4321 3 SE 36TH AVENUE - STA. 21+15.00 TO STA. 21+65.00 1 SE 36TH AVENUE - STA. 14+50.00 TO STA. 15+00.00 2 SE 36TH AVENUE - STA. 17+75.00 TO STA. 18+25.00 SE 2ND CTSE 1ST STSE 2ND STSE 36TH AVE SE 36TH AVE SE 36TH AVE SE 36TH AVE SE 36TH AVE 125 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 10+00 14 16 18 20 22 24 26 28 30 32 34 36 38 40 14 16 18 20 22 24 26 28 30 32 34 36 38 40 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 10+50 14 16 18 20 22 24 26 28 30 32 34 36 38 40 14 16 18 20 22 24 26 28 30 32 34 36 38 40 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 12.18'11'2'7.38'6.72'2'11'10'2'10'1' MATCH EXIST. GROUNDMATCH EXIST. GROUND 2.00% 26.11 2.00%1.50%25.96 25.59 25.79 26.01 26.51 2.00% 26.30 26.28 1.50% 26.3927.04 2.00% 3'2' 7.25% 26.67 26.51 26.12 25.94 26.54 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 11+00 16 18 20 22 24 26 28 30 32 34 36 38 40 42 16 18 20 22 24 26 28 30 32 34 36 38 40 42 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 11+50 16 18 20 22 24 26 28 30 32 34 36 38 40 42 16 18 20 22 24 26 28 30 32 34 36 38 40 42 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 27.01 26.90 27.42 28.04 1.50% 26.68 11'11'2'6'8'3'11'10'2'8'3' 1' LEVEL 11'11'24"6'8'3'11'10'2'10'1' 1' LEVEL 26.61 MATCH EXIST. GROUNDMATCH EXIST. GROUND MATCH EXIST. GROUNDMATCH EXIST. GROUND 26.5126.2926.09 26.46 2.00%2.00%2.00%4%1.50% 27.40 27.49 1.50%2.00%2.00%2.00%4%1.50%27.00 27.20 27.54 27.4627.37 27.5827.32 27.92 26.85 26.97 26.01 26.65 25%22% 3'2' 3'2' 25%21% 26.68 26.51 27.2927.15 26.59 26.45 4" 4" 27.23 1.00% 1.29% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS1CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 126 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 12+00 18 20 22 24 26 28 30 32 34 36 38 40 42 44 18 20 22 24 26 28 30 32 34 36 38 40 42 44 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 12+50 18 20 22 24 26 28 30 32 34 36 38 40 42 44 18 20 22 24 26 28 30 32 34 36 38 40 42 44 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 28.53 28.70 29.03 29.14 11'11'2'6'8'3'11'10'2'10'1' 1' LEVEL 11'11'2'6'8'3'11'10'2'10'1' 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 27.98 28.20 27.61 27.81 1.50%3.26%2.00%2.00%2.00%1.50%27.87 27.61 27.81 28.20 28.08 4%28.03 28.53 28.42 28.48 28.1128.491.50%2.00%2.00%2.00%4%1.50% 28.59 28.31 28.64 28.3628.59 27.32 27.76 3'2' 3'2' 25%20% 25%14% 27.91 27.82 28.19 28.26 27.90 4" 28.42 4" 28.34 1.00% 1.00%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 13+00 18 20 22 24 26 28 30 32 34 36 38 40 42 44 18 20 22 24 26 28 30 32 34 36 38 40 42 44 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 13+50 18 20 22 24 26 28 30 32 34 36 38 40 42 44 18 20 22 24 26 28 30 32 34 36 38 40 42 44 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'8.22'2'6'8'3'5.86'8'10'1' 1' LEVEL 11'6.01'2'6'8'3'8.42'7.80'4.07'8'3' 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 2' 2.49' 1.50%2.00%2.00%2.00%2.00%4%1.50%2.00% 29.08 28.96 28.96 28.58 28.74 28.91 28.97 29.47 29.49 28.99 28.94 28.72 28.40 28.52 3.39'2.71' 29.12 28.89 29.12 29.18 29.68 29.79 29.29 29.22 29.00 28.71 28.8329.271.50%2.88%2.00%2.00%2.00%2.00%4%1.50% 28.05 28.34 2.46'2.17' 2.22'2.22' 3.22' 25%5% 25%7% 28.24 28.55 28.54 28.84 28.63 4" 28.92 29.01 2.00% 5.82' 5.71% 1.00% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS2CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 127 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 14+00 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 14+50 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 29.97 30.16 30.01 29.89 11'12.25'2'6'8'3'11'2'5.19'10'1' 1' LEVEL 1' LEVEL 5.06'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 29.2529.57 28.59 29.66 29.23 28.78 29.44 29.3529.4729.421.50%2.00%2.00%1.50%4% 1.37'1.37' 1.50%2.00%2%2%2.00%4%1.50% 4% 30.05 29.90 30.14 30.64 30.76 30.26 30.23 29.7429.86 29.35 0.81' 29.8729.87 22%25% 2.08'2.08' 2' 25%9% 25%8% 29.26 29.09 29.06 29.28 29.73 29.58 29.85 4" 29.17 5.94' 29.54 2.00%29.36 29.41 4" 29.88 29.71 2' 29.93 4" 1.00% 2.29%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 15+00 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 15+50 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'4.43'8'3'11'2'6'10'1' 1' LEVEL 11' 4.61' 2'6'8'3'11'4.05' 3.95' 10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 2' 5.20'5.20' 30.601.50%2.00%2.00%2.00%2.00%2.00%1.50%4%30.45 30.27 30.35 30.57 30.67 31.17 31.53 31.03 30.93 30.71 30.04 30.40 30.52 30.961.50%2.00%2.00%1.31%1.50%1.31% 3.57' 30.81 30.06 30.73 30.95 31.45 31.68 31.18 30.96 30.90 30.85 30.97 2.40'2.40' 3'2' 25%6% 4%25%19% 30.29 30.27 30.24 30.60 30.6530.56 30.44 2' 30.62 4" 4" 30.64 1.00% 1.00% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS3CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 128 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 16+00 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 16+50 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'8'10'1'11'8'10'1' 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 31.20 1.50%4%2.00%2.00%4%1.50%30.94 31.46 30.28 31.34 30.58 31.46 31.24 31.16 31.05 31.66 31.96 31.17 31.53 1.50%2.92%2.00%2.00%2.80%1.50% 31.38 31.16 31.3831.88 31.00 31.50 31.50 31.02 30.78 3'2' 3' 2' 25%20%25%20% 30.88 30.78 31.18 31.08 4" 30.86 4"ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 17+00 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 17+50 20 22 24 26 28 30 32 34 36 38 40 42 44 46 20 22 24 26 28 30 32 34 36 38 40 42 44 46 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL 11'15.00'8'8'3'11'2'6'10.53' 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 1.50%4%2.00%2.00%1.50%1.23%30.38 30.22 30.27 30.49 30.99 31.24 30.74 30.52 30.4230.54 29.68 1.50%2.00%2.00%4%1.50% 29.61 29.5629.48 28.81 29.7029.5329.31 28.65 29.34 29.4929.49 30.03 30.20 2' 2.69'2'25%15%25%20.31 % 4%25%19% 30.06 30.11 29.17 29.15 29.31 29.39 30.19 4" 29.32 29.23 4"4" 29.39 1.00% 1.00% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS4CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 129 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 18+00 18 20 22 24 26 28 30 32 34 36 38 40 42 44 18 20 22 24 26 28 30 32 34 36 38 40 42 44 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 18+50 16 18 20 22 24 26 28 30 32 34 36 38 40 42 16 18 20 22 24 26 28 30 32 34 36 38 40 42 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 26.80 11'7.50'8'11'11'8'11' 11'15.00'2'6'8'3'11'2'6'8'3' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND 1.00%2.00%1.00%1.50% 1.00%1.00%1.50%2.00%2.00%4.00% 7.50' 27.7527.53 27.91 28.08 28.23 28.3028.30 28.19 28.11 27.89 25.94 25.82 25.28 25.95 26.17 26.67 26.30 26.08 25.42 25.78 25.90 1.50%4%2.00%2.00%4%1.50%25%7%12%25% 2'2' 25.65 25.78 25.61 25.92 4" 25.86 26.00 4" 1.00%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 19+00 14 16 18 20 22 24 26 28 30 32 34 36 38 40 14 16 18 20 22 24 26 28 30 32 34 36 38 40 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 19+50 12 14 16 18 20 22 24 26 28 30 32 34 36 38 12 14 16 18 20 22 24 26 28 30 32 34 36 38 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'8'8'3.22'11'2'6'10'1' 1' LEVEL 23.7423.62 1.50%2.00%0.97%1.50%4%2.00% 23.92 23.7023.64 23.86 24.4224.3623.75 23.60 11'15.00'2'6'8'3.27'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 1.50%4%2.00%2.00%4%1.50%21.63 21.48 20.74 21.40 21.62 22.12 22.20 21.70 21.48 20.81 21.60 25%19%21%25% 2'2' 2'2'25%15% 22.98 23.43 23.48 21.3121.24 21.4321.31 4" 4" 23.56 21.46 21.32 4" 21.39 21.72 0.93% 0.92% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS5CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 130 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 20+00 10 12 14 16 18 20 22 24 26 28 30 32 34 36 10 12 14 16 18 20 22 24 26 28 30 32 34 36 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 20+50 8 10 12 14 16 18 20 22 24 26 28 30 32 34 8 10 12 14 16 18 20 22 24 26 28 30 32 34 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL 11'15.00'8'8'3'11'8'10'1' MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 19.4119.73 19.95 19.532.00%3.99%1.50% 20.45 1.50%1.42%2.00% 20.2319.7319.5119.3919.54 1.50%4%2.00%2.00%4%1.50%17.93 17.78 17.94 18.1618.16 18.6618.66 18.80 18.30 18.08 17.93 17.42 18.05 2'2' 2'2' 3.34%25%12% 17.61 17.78 17.77 17.92 4"4" 17.86 18.00 1.00% 1.00%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 21+00 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 21+50 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'2'6'8'3'11'8'10'1' 1' LEVEL 11'2'6'8'3'11'8'11' 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 16.95 1.50%0.96%2.00%2.00%4%1.50%16.80 16.73 16.95 17.45 17.77 17.27 17.05 17.08 16.39 17.20 7.50' 2.00%4%1.50% 16.82 16.60 15.94 16.38 16.502.00%1.75%1.75%2.00% 7.50' 0.50%2.00%2.95% 16.6916.56 16.3416.08 16.30 2'2' 25%18% 25%9% 16.89 16.91 16.44 16.21 4" 16.97 16.52 4" 1.00% 1.00% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS6CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 131 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 22+00 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 22+50 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'2'6'8'3.03'11'2'6'10'1' 1' LEVEL 1' LEVEL 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 1.50%4%2.00%2.00%4%1.50% 16.62 16.47 15.67 16.34 16.56 17.06 17.09 16.59 16.37 15.71 16.2416.36 1.50%4%2.00%2.00%4%1.50% 16.47 16.32 15.96 16.25 16.47 16.97 17.03 16.5316.53 16.31 15.65 16.24 16.36 2'2' 2'2'25%21%25%12% 25%14% 16.1716.30 16.08 16.21 16.15 16.08 16.08 16.15 4" 16.25 4" 16.29 16.28 16.16 4"4" 16.23 0.97%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 23+00 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 23+50 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'8'8'3.20'11'2'6'10'1' 1' LEVEL 11'15.00'8'8'3'11'2'6'10'1' 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 16.141.50%4%2.00%2.00%2.91%1.50% 16.0216.26 16.4816.9816.7516.2516.0316.32 16.17 15.37 16.071.50%4%2.00%2.00%1.50%1.79% 15.92 16.0416.2916.7916.6916.1915.97 15.30 16.1016.25 2'2' 2' 2'25%21%25%21% 16.0015.87 15.93 15.80 15.95 4" 4" 15.88 1.00% 0.94% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS7CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 132 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 24+00 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 24+50 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'8'8'3'11'2'6'10'1' 1' LEVEL 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 16.251.50%4%2.00%2.00%4%1.50%16.10 15.27 15.93 16.15 16.65 16.73 16.23 16.01 15.35 16.05 16.17 16.32 16.18 1.50%4%2.00%2.00%2.59%1.50%16.17 15.34 16.00 16.22 16.72 16.57 16.07 15.85 16.06 2'2' 2'2'25%22%25%18%25%22% 15.93 15.77 15.88 15.85 16.01 15.84 4" 15.85 4" 15.93 4" 15.92 0.98% 1.00%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 25+00 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 25+50 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL 11'15.00'8'8'3'11'2'6'10'1' 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 16.18 1.50%4%2.00%2.00%0.39%1.50%16.03 15.20 15.86 16.08 16.58 16.59 16.09 15.87 15.83 15.95 16.04 1.50%4%2.00%2.00%4%1.50%15.89 15.06 15.72 15.94 16.44 16.46 15.96 15.08 15.71 15.83 2'2' 2'2'25%22%25%22%25%15% 15.74 15.8615.70 15.7315.56 15.54 15.58 4" 15.78 4" 15.64 15.66 4" 1.00% 1.00% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS8CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 133 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 26+00 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 26+50 6 8 10 12 14 16 18 20 22 24 26 28 30 32 6 8 10 12 14 16 18 20 22 24 26 28 30 32 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL 11'15.00'2'6'8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 15.94 1.50%4%2.00%2.00%4%1.50%15.79 14.96 15.62 15.84 16.34 16.26 15.76 15.54 14.87 15.67 15.79 15.80 15.561.50%4%2.00%2.10%4%1.50%15.65 14.82 15.48 16.2015.70 16.13 15.63 15.40 14.75 15.44 25%22.22 % 2'2' 2'2' 25%21%25%22.22 %25%17% 15.6315.46 15.50 15.37 15.49 15.32 15.2815.25 15.54 4"4" 4" 15.40 4" 15.33 1.00% 1.00%ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 27+00 4 6 8 10 12 14 16 18 20 22 24 26 28 30 4 6 8 10 12 14 16 18 20 22 24 26 28 30 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11'7.50'4.30' 3.05' 2.22'11'8'10'1' 11'5.11'4.25' 3.75' 8'3'11'2'6'10'1' 1' LEVEL 1' LEVEL MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND MATCH EXIST. GROUND 2.00%2.00% 5.11'5.11' 4.78' 15.19 1.50%1.50%4%2.00%2.00%4.00% 1.50%1.00%2.00%2.00%1.00%2.00% 7.50' 4%6.53% 5.84' 2.05'1.55' 15.25 15.0715.0715.0715.07 15.24 15.4615.56 16.0616.0616.06 15.5615.4615.24 14.58 15.4115.56 15.05 14.9115.50 15.13 15.19 15.4115.33 15.1115.03 15.18 7.11'7.11'25%22% 15.2415.08 15.41 % 15.50 14.91 15.16 4" 26.50'3.00'2.61'ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 27+50 4 6 8 10 12 14 16 18 20 22 24 26 28 30 4 6 8 10 12 14 16 18 20 22 24 26 28 30 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 15.48 2.07% NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS9CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA BID SET ELEVATIONS ARE IN NAVD 1988 134 ELEVATION (FEET)ELEVATION (FEET)DISTANCE (FEET) SE 36TH AVENUE - STA. 28+00 4 6 8 10 12 14 16 18 20 22 24 26 28 30 4 6 8 10 12 14 16 18 20 22 24 26 28 30 0 5 10 15 20 25 30 35 40 45 50 55 60051015202530354045505560 11.00'7.50'5.00'12.13'11.00'10.09' 2.10' 5.87'1' SAWCUT & MATCH EXIST. GROUND MATCH EXIST. GROUND 1.50%1.06%2.00%2.00%1.50% 15.26 15.03 14.95 14.85 1.50%4.00% 9.37' 15.16 15.38 15.53 15.39 15.22 15.02 18.50'3.00'3.09' 3.00% BID SET ELEVATIONS ARE IN NAVD 1988 NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 1" = 10' H; 1" = 5' V XS10CROSS SECTIONSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA 135 STORMSEWER SEACREST BLVD.SE 36th AVE GULFSTREAM BLVDSTOP BIKE LANESTOPPARKING BYONLYDISABLEDPERMITAHEADNOPARKINGANYTIMENOPARKINGANYTIMENOPARKINGANYTIMENOPARKINGANYTIMEONLYBEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 99+00100+0010+00 11+00 12+00 13+00 14+00 10+39.88 37.50' LT. 10+39.88 37.50' RT. 14+39.61 37.50' LT. SEACREST BLVD. STA. 99+45.99 = SE 36TH AVENUE STA. 9+99.63 +14+44 +14+40 +14+40+13+66 +13+47 +13+47 +13+66 +13+16 +13+53 +13+53+12+99 +13+01 +13+01 +12+86 +12+86 +12+99 +13+00+12+36 +12+66 +10+45 +10+41 +10+42 +10+42 +10+41 +10+36 +10+24 +10+24 +10+17 +10+23 +10+25 +10+36 +10+36 +10+60 +10+45 +10+23 +12+46 CITY OF BOYNTON BEACH +10+35 +10+40 +10+17+10+05 +10+05 +10+06 +9+93 +9+93+9+81 +9+94 +10+05 +10+16 +9+81 +9+81 +9+81 +9+94 +9+81 +9+85 +9+86 +9+96 +10+06 +10+06 +9+96 CITY OF DELRAY BEACHPALM BEACH COUNTYSTORMSEWER OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD OCEANVIEW AveSTOPSE 36 AveSE 1 StSTOPSE 36 AveSE 2 StSTOP GULFSTREAM BlvdSPEEDLIMIT3015+00 16+00 17+00 18+00 19+00 15+04.61 52.50' LT. 14+54.61 52.50' LT. 15+19.61 37.50' LT.17+70.03 37.50' LT. 17+85.03 52.50' LT. 18+35.03 52.50' LT. 18+50.03 37.50' LT. 17+85.03 37.50' RT. 18+35.03 37.50' RT. PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS +18+50 +18+31 +18+37 +18+31 +18+50 +18+37+17+83 +17+89 +17+89 +17+83+17+70 +17+70 +17+74 +17+93 +17+93 +18+28 +18+28 +18+46 +18+46 +18+27 +18+27+17+92 +17+92 +17+98 +17+98 +18+22 +18+21 +18+20 +17+99 +17+99 +17+99 +17+99 +18+11 +18+10 +18+10 +18+20 +17+74 +17+99 +18+00 +18+09 +18+10 +18+10 +18+00 +18+21 +18+21 +18+21 +18+21 +18+22 +18+22 +15+20 +15+00 +15+00 +15+20 +15+14 +14+95 +14+95 +14+89 +14+89 +14+88 +14+88 +14+80 +14+80 +14+69 +14+69 +14+69+14+69 +14+80 +14+68 +14+68 +14+62 +14+62 +14+59 +14+59 +14+53 +14+53 +15+07 +15+07 +17+99 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH SIGNING AND PAVEMENT MARKING PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN SPM1MATCH LINE STA. 14+50SEE BELOW LEFT FOR CONTINUATIONSPM1 SPM1 SPM2 SPM2 KEY MAP MATCH LINE STA. 19+50SEE SHEET SPM2 FOR CONTINUATIONMATCH LINE STA. 14+50SEE ABOVE RIGHT FOR CONTINUATIONSE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBBAVENOTES: ALL EXISTING STREET SIGNS SHALL BE REPLACED WITH NEW SIGNS: SPEED LIMIT, STOP SIGNS, STREET NAME SIGNS, RAILROAD SIGNS, AND ANY OTHERS. ALL SIGNS THAT OVERHANG THE SIDEWALKS SHALL BE AT LEAST 8 FEET FROM THE BOTTOM OF THE SIGN TO THE TOP OF THE SIDEWALK. PLACEMENT OF ALL SIGNS WITH RESPECT TO HORIZONTAL AND VERTICAL CLEARANCES SHALL ADHERE TO MUTCD STANDARDS. 136 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADJAMESTOWNLANERRWEBER AveJAMESTOWN LnNOTRAIN HORNSTOPSTOPSE 36 AveGULFSTREAM BlvdRRNOTRAIN HORN25+00 26+00 27+00 28+00 29+00 69+0070+0071+0027+39.71 37.50' LT. 27+45.82 53.11' LT. 27+85.82 61.22' LT. 27+85.82 50.55' LT. 27+91.01 37.50' LT. 28+54.16, 37.50' LT. 28+42.95 37.50' RT. 27+42.95 37.50' RT. 26+92.39, 37.50' RT. 27+45.82 61.22' LT. END PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 FEC RAILROAD STA. 70+00.00 = SE 36TH AVENUE STA. 28+99.11 PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS +26+88 +26+81 +26+94 +27+00 +27+00 +26+94+26+81 +27+15 +27+33 +27+33 +27+43 +27+85 +27+93 +27+96 +28+02 +28+34 +28+47 +28+49 +28+44+27+96 +28+04 +28+05 +28+46 +28+44 +27+56 +27+38 +27+38 +27+31 +27+31 +27+30 +27+30 +27+30 +27+29 +27+19 +27+19 +27+13 +27+07 +27+08 +27+08 +27+03 +27+03 +28+42 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH +27+59 +27+59 +28+07 +28+07 +27+96 +27+96 +28+14 +28+14 +28+14 +28+14 28+39.92 37.50' RT. 28+51.12 37.50' LT. +24+94 +24+94 +24+95+24+93 +24+93 +24+95 +25+43 +25+42 +25+41 +25+42+25+43 +25+41 STORMSEWERSE 2nd CT.SE 36th AVE GULFSTREAM BLVDSPEEDLIMIT30STOPSE 2 CtSE 36 Ave20+00 21+00 22+00 23+00 24+00 21+25.03 52.50' LT. 21+10.03 37.50' LT. 21+75.03 52.50' LT. 21+90.03, 37.50' LT. 23+91.06 52.15' LT. 24+24.06 52.15' LT. PROJECT LIMITS +21+10 +21+29 +21+29 +21+23 +21+10 +21+23 +21+15 +21+33 +21+66 +21+66 +21+39 +21+60 +21+60 +21+58 +21+51 +21+50 +21+50 +21+40 +21+40+21+40 +21+39 +21+33 +21+84 +21+90 +21+71 +21+71 +21+90+21+77 +21+77 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH SIGNING AND PAVEMENT MARKING PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN SPM2MATCH LINE STA. 24+50SEE BELOW LEFT FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET SPM1 FOR CONTINUATIONSPM1 SPM1 SPM2 SPM2 KEY MAP MATCH LINE STA. 24+50SEE ABOVE RIGHT FOR CONTINUATIONSE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBBAVENOTES: ALL EXISTING STREET SIGNS SHALL BE REPLACED WITH NEW SIGNS: SPEED LIMIT, STOP SIGNS, STREET NAME SIGNS, RAILROAD SIGNS, AND ANY OTHERS. ALL SIGNS THAT OVERHANG THE SIDEWALKS SHALL BE AT LEAST 8 FEET FROM THE BOTTOM OF THE SIGN TO THE TOP OF THE SIDEWALK. PLACEMENT OF ALL SIGNS WITH RESPECT TO HORIZONTAL AND VERTICAL CLEARANCES SHALL ADHERE TO MUTCD STANDARDS. 137 STORMSEWER SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD STORMSEWER BEGIN PROJECT LIMIT OF WORK STA. 9+80.70 N 785419.96 E 959891.73 99+00100+0010+00 11+00 12+00 13+00 14+00 10+39.88 37.50' LT. 10+39.88 37.50' RT. 14+39.61 37.50' LT. SEACREST BLVD. STA. 99+45.99 = SE 36TH AVENUE STA. 9+99.63 CITY OF BOYNTON BEACH CITY OF DELRAY BEACHPALM BEACH COUNTYSTORMSEWER OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD 15+00 16+00 17+00 18+00 19+00 15+04.61 52.50' LT. 14+54.61 52.50' LT. 15+19.61 37.50' LT.17+70.03 37.50' LT. 17+85.03 52.50' LT. 18+35.03 52.50' LT. 18+50.03 37.50' LT. 17+85.03 37.50' RT. 18+35.03 37.50' RT. CITY OF DELRAY BEACH CITY OF BOYNTON BEACH STORMWATER POLLUTION PREVENTION PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN SWPPP1MATCH LINE STA. 14+50SEE BELOW LEFT FOR CONTINUATIONSWPPP1 SWPPP1 SWPPP2 SWPPP2 KEY MAP MATCH LINE STA. 19+50SEE SHEET SWPPP2 FOR CONTINUATIONMATCH LINE STA. 14+50SEE ABOVE RIGHT FOR CONTINUATIONSE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBBAVELEGEND 138 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADJAMESTOWNLANE25+00 26+00 27+00 28+00 29+00 69+0070+0071+0027+39.71 37.50' LT. 27+45.82 53.11' LT. 27+85.82 61.22' LT. 27+85.82 50.55' LT. 27+91.01 37.50' LT. 28+54.16 37.50' LT. 28+42.95 37.50' RT. 27+42.95 37.50' RT. 26+92.39, 37.50' RT. 27+45.82 61.22' LT. END PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 FEC RAILROAD STA. 70+00.00 = SE 36TH AVENUE STA. 28+99.11 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH STORMSEWERSE 2nd CT.SE 36th AVE GULFSTREAM BLVD ST-01 ST-03 ST-02 ST-04 ST-05 ST-06 ST-07 20+00 21+00 22+00 23+00 24+00 21+25.03 52.50' LT.21+10.03 37.50' LT. 21+75.03 52.50' LT. 21+90.03, 37.50' LT. 23+91.06 52.15' LT. 24+24.06 52.15' LT. CITY OF DELRAY BEACH CITY OF BOYNTON BEACH STORMWATER POLLUTION PREVENTION PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN SWPPP2MATCH LINE STA. 24+50SEE BELOW LEFT FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET SWPPP1 FOR CONTINUATIONSWPPP1 SWPPP1 SWPPP2 SWPPP2 KEY MAP MATCH LINE STA. 24+50SEE ABOVE RIGHT FOR CONTINUATIONSE 1ST STSEACRESTBLVDSE 2ND STSE 2ND CTFEC RROCEANVIEWAVEJAMESTOWNLNWEBBAVELEGEND 139 STORM WATER POLLUTION PREVENTION PLAN STORMWATER POLLUTION PREVENTION PLAN NOTES AND SPECIFICATIONS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN SWPPP3 140 NOTE TO CONTRACTOR: THIS IS THE CONTRACTOR'S CERTIFICATION REQUIRED BY THE EPA'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES), STORM WATER POLLUTION PREVENTION PLAN FOR CONSTRUCTION SITES OVER 1 ACRES. THIS CERTIFICATION MUST BE COMPLETED WEEKLY AND AFTER EVERY RAINFALL EVENT OVER 0.25 INCHES. IT IS SUGGESTED THAT THIS SHEET BE REMOVED FROM THE PLAN SET AND DUPLICATED AS NEEDED BY THE CONTRACTOR. POLLUTION PROTECTION AROUND DRAINAGE STRUCTURES SCALE: N.T.S. STORMWATER POLLUTION PREVENTION PLAN CONTRACTOR FORM & DETAILS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: NICHOLAS W. KANELIDIS, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 78536. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS W. KANELIDIS, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN SWPPP4 141 001 002 003 004 005 006 007 008 101 102 103 104 105 106 107 108 109 110 111 201 202 203 204 205 206 F-101 LE-101 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVDBEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 100 SGL. E;ISTING TREE/PALM TO REMAIN E;ISTING TREE/PALM TO BE REMOVED E;ISTING PLANT MATERIAL IDENTIFICATION LABEL DBL.TRI.MULTI. SYMBOLS DESCRIPTIONS LEGEND OF E;ISTING PLANT SYMBOLS: E;ISTING TREE/PALM TO REMAIN (OUTSIDE PROJECT LIMITS/OFF-SITE) NOTES: 1.CONTRACTOR SHALL CANOPY PRUNE ALL E;ISTING TREES TO REMAIN WITHIN MEDIANS, IN ORDER TO REDUCE POSSIBLE STORM DAMAGE, AND TIPPING DUE TO ROOT PRUNING. 2.SEE SHEET LE5 FOR TREE PRESERVATION NOTES, E;ISTING TREE BARRICADE DETAIL AND E;ISTING TREE STAKING. 3.CONTRACTOR IS RESPONSIBLE FOR LOCATING E;ISTING WATER MAIN (AND OTHER UTILITIES ON SITE) PRIOR TO ROOT PRUNING E;CAVATION. CONTRACTOR SHALL ASSURE WORK WILL NOT DAMAGE E;ISTING UTILITIES. ANY DAMAGE TO E;ISTING UTILITIES SHALL BE REPAIRED BY CONTRACTOR AT NO ADDITIONAL COST TO OWNER, AS PER WRITTEN SPECIFICATIONS. FINISHES SYMBOL DESCRIPTION 4TY DETAIL TREE PROTECTIVE FENCING/BARRICADE 115 lf 2/LE5 E;ISTING CONDITIONS SYMBOL DESCRIPTION 4TY DETAIL ROOT PRUNING (to a minimXm depth of 36) of E[istingTrees to 175 lf 1/LE5 Preserve (Note: this line shall be appro[imately 12 from proposed bacN of cXrb location along north side of medians, and 18 from proposed bacN of cXrb location along soXth side of medians) as indicated on plans. All trees root prXned shall be sXpported with tree staNes and canopy prXned (per Preservation Notes sheet LE5). E;ISTING CONDITIONS SYMBOL DESCRIPTION 4TY DETAIL E;ISTING TREE SUPPORT FOR ROOT PRUNED TREES 2 1/LE5 F-101 LE-101 DISPOSITION REFERENCE SCHEDULE FOR THIS SHEET TREE DISPOSITION PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-DISPOSITION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 10:58:19 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LE1MATCH LINE STA. 14+50SEE SHEET LE2 FOR CONTINUATIONTREE NO.COMMON NAME BOTANICAL NAME NATIVEDBH (in)CANOPYAREA(Sq Ft)TO BEREMOVEDTOREMAINTO BERELOCATEDSTATION OFFSET HEIGHT(Ft)Notes STATIONS AND OFFSETS TAKEN FROM BASELINE OF SURVEY … 01 Mahogany Tree Sweitenia mahogni X 24.0''962 X 45'Poor, Trunk Damage 02 Mahogany Tree Sweitenia mahogni X 24.0''962 X 45'Very Poor, Trunk Damage 03 Mahogany Tree Sweitenia mahogni X 30.0''962 X 45'Fair 04 Mahogany Tree Sweitenia mahogni X 36.0''1,257 X 40'Fair 05 Mahogany Tree Sweitenia mahogni X 32.0''962 X 45'Poor, Trunk Damage 06 Mahogany Tree Sweitenia mahogni X 32.0''962 X 45'Fair 07 Mahogany Tree Sweitenia mahogni X 30.0''707 X 45'Fair 08 Mahogany Tree Sweitenia mahogni X 30.0''962 X 45'Fair 101 Royal Palm Roystonea regia X 18.0''254 X 40'Good 102 Black Olive Bucida buceras 36.0''962 X 40'Fair 103 Royal Palm Roystonea regia X 18.0''254 X 40'Good 104 Royal Palm Roystonea regia X 18.0''254 X 40'Good 105 Royal Palm Roystonea regia X 18.0''254 X 40'Good 106 Royal Palm Roystonea regia X 18.0''254 X 40'Poor 107 Royal Palm Roystonea regia X 18.0''254 X 40'Good 108 Live Oak Quercus virginiana X 8.0''254 X 22'Good 109 Live Oak Quercus virginiana X 12.0''491 X 28'Good 110 Live Oak Quercus virginiana X 14.0''707 X 30'Good 111 Live Oak Quercus virginiana X 14.0''707 X 30'Good 201 Live Oak Quercus virginiana X 12.0''491 X 30'Good 202 Live Oak Quercus virginiana X 24.0''962 X 38'Good 203 Live Oak Quercus virginiana X 18.0''707 X 35'Good 204 Queen Palm Syagrus romanzoffiana 12.0''154 X 12'Fair 205 Triangle Palm Dypsis decaryi 10.0''201 X 12'Fair 206 Royal Palm Roystonea regia X 14.0''113 X 35'Poor NOTES: 1.ONLY A CERTIFIED ARBORIST SHALL PERFORM ROOT AND CANOPY PRUNING WORK. 2.ROOT PRUNING SHALL BE DONE BEFORE ANY CLEARING OF SITE OR DEMOLITION OF CURBS AND PAVED SURFACES. 3.ALL TREES BEING ROOT PRUNED SHALL ALSO HAVE THE THERE CANOPY REDUCED (PRUNED). 4.ARBORIST PERFORMING WORK SHALL SCHEDULE A PRE-CONSTRUCTION MEETING WITH LANDSCAPE ARCHITECT TO DELINEATE LIMITS OF CANOPY REDUCTION. 5.CONTRACTOR SHALL INCLUDE A WATERING CONTRACT, TO WATER ALL E;ISTING TREES IN (3) TIMES A WEEK DURING ALL PHASES OF CONSTRUCTION. 6.SEE ADDITIONAL NOTES AND DETAILS ON SHEET LE5 CAUTION E;ISTING WATER MAIN CONTRACTOR SHALL E;ERCISE E;TREME CAUTION WHEN REMOVING TREES OVER OR NEAR E;ISTING WATER MAIN. DO NOT ATTEMPT TO PULL TRUNK WITH MACHINERY WITHOUT VISUAL CONFIRMATION ROOTS ARE NOT WRAPPED AROUND E;ISTING WATER MAIN PIPE. ROOT PRUNE/SAW E;ISTING ROOTS TO DESTABILI=E TRUNKS. REMOVE ROOTS IN LAYERS TO REDUCE RISK OF DAMAGE TO E;ISTING PIPE. SEE CIVIL PLANS FOR APPRO;IMATE LOCATIONS, CALL 811 FOR LOCATES. BID SET ELEVATIONS ARE IN NAVD 1988 142 009 010 011 012 013 014 113 114 115 116112 117 118 119 210 207 208 209 211 F-101 LE-101 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVDF-101 LE-101 EXISTING STUMP TO BE REMOVED 100 SGL. EXISTING TREE/PALM TO REMAIN EXISTING TREE/PALM TO BE REMOVED EXISTING PLANT MATERIAL IDENTIFICATION LABEL DBL.TRI.MULTI. SYMBOLS DESCRIPTIONS LEGEND OF EXISTING PLANT SYMBOLS: EXISTING TREE/PALM TO REMAIN (OUTSIDE PROJECT LIMITS/OFF-SITE) NOTES: 1.CONTRACTOR SHALL CANOPY PRUNE ALL EXISTING TREES TO REMAIN WITHIN MEDIANS, IN ORDER TO REDUCE POSSIBLE STORM DAMAGE, AND TIPPING DUE TO ROOT PRUNING. 2.SEE SHEET LE5 FOR TREE PRESERVATION NOTES, EXISTING TREE BARRICADE DETAIL AND EXISTING TREE STA.ING. 3.CONTRACTOR IS RESPONSIBLE FOR LOCATING EXISTING WATER MAIN (AND OTHER UTILITIES ON SITE) PRIOR TO ROOT PRUNING EXCAVATION. CONTRACTOR SHALL ASSURE WOR. WILL NOT DAMAGE EXISTING UTILITIES. ANY DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED BY CONTRACTOR AT NO ADDITIONAL COST TO OWNER, AS PER WRITTEN SPECIFICATIONS. SYMBOL DESCRIPTION QTY DETAIL FINISHES TREE PROTECTIVE FENCING/BARRICADE 355 lf 2/LE5 EXISTING CONDITIONS ROOT PRUNING (to a minimXm depth of 36) of E[istingTrees to Preserve (Note: this line shall be appro[imately 12 from proposed bacN of cXrb location along north side of medians, and 18 from proposed bacN of cXrb location along soXth side of medians) as indicated on plans. All trees root prXned shall be sXpported with tree staNes and canopy prXned (per Preservation Notes sheet LE5). 435 lf 1/LE5 EXISTING TREE SUPPORT FOR ROOT PRUNED TREES 5 1/LE5 F-101 LE-101 DISPOSITION REFERENCE SCHEDULE FOR THIS SHEET TREE DISPOSITION PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-DISPOSITION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 10:58:19 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LE2MATCH LINE STA. 19+50SEE SHEET LE3 FOR CONTINUATIONMATCH LINE STA. 14+50SEE SHEET LE1 FOR CONTINUATIONTREE NO.COMMON NAME BOTANICAL NAME NATIVEDBH (in)CANOPYAREA(Sq Ft)TO BEREMOVEDTOREMAINTO BERELOCATEDSTATION OFFSET HEIGHT(Ft)Notes STATIONS AND OFFSETS TAKEN FROM BASELINE OF SURVEY … 09 Royal Poinciana Delonix regia 30.0''1,963 X 40'Good 10 Mahogany Tree Sweitenia mahogni X 28.0''962 X 40'Very Poor, Wound, Decay 11 Mahogany Tree Sweitenia mahogni X 20.0''962 X 40'Good 12 Mahogany Tree Sweitenia mahogni X 24.0''707 X 40'Good 13 Mahogany Tree Sweitenia mahogni X 28.0''962 X 40'Good 14 Mahogany Tree Sweitenia mahogni X 32.0''1,257 X 40'Good 112 Mango Mangifera indica 18.0''491 X 28'Fair 113 Mango Mangifera indica 20.0''314 X 25'Fair 114 Mango Mangifera indica 26.0''707 X 30'Fair 115 Mango Mangifera indica 28.0''707 X 30'Fair 116 Mango Mangifera indica 28.0''707 X 30'Fair 117 Live Oak Quercus virginiana X 36.0''962 X 45'Fair 118 Queen Palm Syagrus romanzoffiana 8.0''50 X 16'Poor 119 Queen Palm Syagrus romanzoffiana 12.0''79 X 20'Fair 207 Coconut Palm Cocos nucifera 6.0''113 X 16'Fair 208 Coconut Palm Cocos nucifera 6.0''113 X 14'Fair 209 Coconut Palm Cocos nucifera 6.0''113 X 18'Fair 210 Coconut Palm Cocos nucifera 8.0''201 X 18'Good 211 Queen Palm Syagrus romanzoffiana 8.0''113 X 12'Fair NOTES: 1.ONLY A CERTIFIED ARBORIST SHALL PERFORM ROOT AND CANOPY PRUNING WOR.. 2.ROOT PRUNING SHALL BE DONE BEFORE ANY CLEARING OF SITE OR DEMOLITION OF CURBS AND PAVED SURFACES. 3.ALL TREES BEING ROOT PRUNED SHALL ALSO HAVE THE THERE CANOPY REDUCED (PRUNED). 4.ARBORIST PERFORMING WOR. SHALL SCHEDULE A PRE-CONSTRUCTION MEETING WITH LANDSCAPE ARCHITECT TO DELINEATE LIMITS OF CANOPY REDUCTION. 5.CONTRACTOR SHALL INCLUDE A WATERING CONTRACT, TO WATER ALL EXISTING TREES IN (3) TIMES A WEE. DURING ALL PHASES OF CONSTRUCTION. 6.SEE ADDITIONAL NOTES AND DETAILS ON SHEET LE5 BID SET ELEVATIONS ARE IN NAVD 1988 143 015 016 017 018 019 020 021 022 023 024 025 026 027 028 120 121 122 123 124 212 213 214 215 216 217 218 219 220 221 LE-101SE 2nd CT.SE 36th AVE GULFSTREAM BLVD F-101 LE-101 F-101 LE-101 LE-101 F-101 100 SGL. E;ISTING TREE/PALM TO REMAIN E;ISTING TREE/PALM TO BE REMOVED E;ISTING PLANT MATERIAL IDENTIFICATION LABEL DBL.TRI.MULTI. SYMBOLS DESCRIPTIONS LEGEND OF E;ISTING PLANT SYMBOLS: E;ISTING TREE/PALM TO REMAIN (OUTSIDE PROJECT LIMITS/OFF-SITE) NOTES: 1.CONTRACTOR SHALL CANOPY PRUNE ALL E;ISTING TREES TO REMAIN WITHIN MEDIANS, IN ORDER TO REDUCE POSSIBLE STORM DAMAGE, AND TIPPING DUE TO ROOT PRUNING. 2.SEE SHEET LE5 FOR TREE PRESERVATION NOTES, E;ISTING TREE BARRICADE DETAIL AND E;ISTING TREE STA.ING. 3.CONTRACTOR IS RESPONSIBLE FOR LOCATING E;ISTING WATER MAIN (AND OTHER UTILITIES ON SITE) PRIOR TO ROOT PRUNING E;CAVATION. CONTRACTOR SHALL ASSURE WOR. WILL NOT DAMAGE E;ISTING UTILITIES. ANY DAMAGE TO E;ISTING UTILITIES SHALL BE REPAIRED BY CONTRACTOR AT NO ADDITIONAL COST TO OWNER, AS PER WRITTEN SPECIFICATIONS. FINISHES SYMBOL DESCRIPTION 4TY DETAIL TREE PROTECTIVE FENCING/BARRICADE 714 lf 2/LE5 E;ISTING CONDITIONS SYMBOL DESCRIPTION 4TY DETAIL ROOT PRUNING (to a minimXm depth of 36) of E[istingTrees to 761 lf 1/LE5 Preserve (Note: this line shall be appro[imately 12 from proposed bacN of cXrb location along north side of medians, and 18 from proposed bacN of cXrb location along soXth side of medians) as indicated on plans. All trees root prXned shall be sXpported with tree staNes and canopy prXned (per Preservation Notes sheet LE5). E;ISTING CONDITIONS SYMBOL DESCRIPTION 4TY DETAIL E;ISTING TREE SUPPORT FOR ROOT PRUNED TREES 12 1/LE5 F-101 LE-101 DISPOSITION REFERENCE SCHEDULE FOR THIS SHEET TREE DISPOSITION PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-DISPOSITION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:28:10 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LE3MATCH LINE STA. 24+50SEE SHEET LE4 FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET LE2 FOR CONTINUATIONTREE NO.COMMON NAME BOTANICAL NAME NATIVEDBH (in)CANOPYAREA(Sq Ft)TO BEREMOVEDTOREMAINTO BERELOCATEDSTATION OFFSET HEIGHT(Ft)Notes STATIONS AND OFFSETS TAKEN FROM BASELINE OF SURVEY … 15 Mahogany Tree Sweitenia mahogni X 20.0''707 X 35'Good 16 Mahogany Tree Sweitenia mahogni X 22.0''707 X 40'Good 17 Mahogany Tree Sweitenia mahogni X 18.0''314 X 35'Good 18 Mahogany Tree Sweitenia mahogni X 22.0''707 X 35'Good 19 Mahogany Tree Sweitenia mahogni X 22.0''707 X 35'Good 20 Royal Poinciana Delonix regia 36.0''707 X 30'Good 21 Royal Poinciana Delonix regia 30.0''707 X 30'Good 22 Mahogany Tree Sweitenia mahogni X 30.0''707 X 30'Good 23 Mahogany Tree Sweitenia mahogni X 24.0''707 X 35'Good 24 Mahogany Tree Sweitenia mahogni X 20.0''707 X 40'Good, Wound on Trunk 25 Mahogany Tree Sweitenia mahogni X 20.0''707 X 40'Good 26 Mahogany Tree Sweitenia mahogni X 20.0''707 X 40'Good 27 Mahogany Tree Sweitenia mahogni X 30.0''962 X 40'Good 28 Royal Poinciana Delonix regia 18.0''707 X 30'Good 120 Date Palm Phoenix dactylifera 12.0''79 X 6'Fair 121 Coconut Palm Cocos nucifera 10.0''201 X 25'Fair 122 Cabbage Palm Sabal palmetto X 10.0''50 X 12'Good 123 Coconut Palm Cocos nucifera 0.8''113 X 3'Good 124 Coconut Palm Cocos nucifera 10.0''201 X 14'Good 212 Royal Palm Roystonea regia X 16.0''113 X 35'Poor 213 Royal Palm Roystonea regia X 18.0''201 X 25'Fair 214 Royal Palm Roystonea regia X 16.0''201 X 35'Fair 215 Royal Palm Roystonea regia X 12.0''201 X 30'Fair 216 Green Buttonwood Conocarpus erectus X 10.0''380 X 30'Good 217 Green Buttonwood Conocarpus erectus X 8.0''314 X 28'Good 218 Green Buttonwood Conocarpus erectus X 8.0''314 X 25'Good 219 Cabbage Palm Sabal palmetto X 12.0''50 X 22'Good 220 Cabbage Palm Sabal palmetto X 12.0''50 X 20'Good 221 Cabbage Palm Sabal palmetto X 12.0''50 X 16'Good NOTES: 1.ONLY A CERTIFIED ARBORIST SHALL PERFORM ROOT AND CANOPY PRUNING WOR.. 2.ROOT PRUNING SHALL BE DONE BEFORE ANY CLEARING OF SITE OR DEMOLITION OF CURBS AND PAVED SURFACES. 3.ALL TREES BEING ROOT PRUNED SHALL ALSO HAVE THE THERE CANOPY REDUCED (PRUNED). 4.ARBORIST PERFORMING WOR. SHALL SCHEDULE A PRE-CONSTRUCTION MEETING WITH LANDSCAPE ARCHITECT TO DELINEATE LIMITS OF CANOPY REDUCTION. 5.CONTRACTOR SHALL INCLUDE A WATERING CONTRACT, TO WATER ALL E;ISTING TREES IN (3) TIMES A WEE. DURING ALL PHASES OF CONSTRUCTION. 6.SEE ADDITIONAL NOTES AND DETAILS ON SHEET LE5 BID SET ELEVATIONS ARE IN NAVD 1988 144 029 030 031 032 125 126 127 128 129 130 131 132 134133 222 223 224 225 226 228 227 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 F-101 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADEND PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 F-101 LE-101 LE-101 F-101 100 SGL. E;ISTING TREE/PALM TO REMAIN E;ISTING TREE/PALM TO BE REMOVED E;ISTING PLANT MATERIAL IDENTIFICATION LABEL DBL.TRI.MULTI. SYMBOLS DESCRIPTIONS LEGEND OF E;ISTING PLANT SYMBOLS: E;ISTING TREE/PALM TO REMAIN (OUTSIDE PROJECT LIMITS/OFF-SITE) NOTES: 1.CONTRACTOR SHALL CANOPY PRUNE ALL E;ISTING TREES TO REMAIN WITHIN MEDIANS, IN ORDER TO REDUCE POSSIBLE STORM DAMAGE, AND TIPPING DUE TO ROOT PRUNING. 2.SEE SHEET LE5 FOR TREE PRESERVATION NOTES, E;ISTING TREE BARRICADE DETAIL AND E;ISTING TREE STAKING. 3.CONTRACTOR IS RESPONSIBLE FOR LOCATING E;ISTING WATER MAIN (AND OTHER UTILITIES ON SITE) PRIOR TO ROOT PRUNING E;CAVATION. CONTRACTOR SHALL ASSURE WORK WILL NOT DAMAGE E;ISTING UTILITIES. ANY DAMAGE TO E;ISTING UTILITIES SHALL BE REPAIRED BY CONTRACTOR AT NO ADDITIONAL COST TO OWNER, AS PER WRITTEN SPECIFICATIONS. FINISHES SYMBOL DESCRIPTION 4TY DETAIL TREE PROTECTIVE FENCING/BARRICADE 251 lf 2/LE5 E;ISTING CONDITIONS SYMBOL DESCRIPTION 4TY DETAIL ROOT PRUNING (to a minimXm depth of 36) of E[istingTrees to 320 lf 1/LE5 Preserve (Note: this line shall be appro[imately 12 from proposed bacN of cXrb location along north side of medians, and 18 from proposed bacN of cXrb location along soXth side of medians) as indicated on plans. All trees root prXned shall be sXpported with tree staNes and canopy prXned (per Preservation Notes sheet LE5). E;ISTING CONDITIONS SYMBOL DESCRIPTION 4TY DETAIL E;ISTING TREE SUPPORT FOR ROOT PRUNED TREES 4 1/LE5 F-101 LE-101 DISPOSITION REFERENCE SCHEDULE FOR THIS SHEET TREE DISPOSITION PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-DISPOSITION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:28:10 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LE4MATCH LINE STA. 24+50SEE SHEET LE3 FOR CONTINUATIONTREE NO.COMMON NAME BOTANICAL NAME NATIVEDBH (in)CANOPYAREA(Sq Ft)TO BEREMOVEDTOREMAINTO BERELOCATEDSTATION OFFSET HEIGHT(Ft)Notes STATIONS AND OFFSETS TAKEN FROM BASELINE OF SURVEY … 29 Royal Poinciana Delonix regia 8.0''491 X 25'Good 30 Mahogany Tree Sweitenia mahogni X 20.0''707 X 40'Good 31 Mahogany Tree Sweitenia mahogni X 20.0''707 X 40'Good, Wound on Trunk 32 Mahogany Tree Sweitenia mahogni X 36.0''962 X 40'Good 125 Royal Palm Roystonea regia X 16.0''201 X 32'Good 126 Royal Palm Roystonea regia X 14.0''201 X 30'Good 127 Coconut Palm Cocos nucifera 12.0''201 X 16'Good 128 Mahogany Tree Sweitenia mahogni X 28.0''1,257 X 35'Good 129 Mahogany Tree Sweitenia mahogni X 36.0''1,963 X 35'Good 130 Live Oak Quercus virginiana X 6.0''177 X 30'Good 131 Mahogany Tree Sweitenia mahogni X 30.0''1,590 X 30'Good 132 Live Oak Quercus virginiana X 6.0''177 X 25'Good 133 Black Olive Bucida buceras 24.0''707 X 35'Good 134 Mahogany Tree Sweitenia mahogni X 16.0''707 X 35'Good 222 Green Buttonwood Conocarpus erectus X 8.0''113 X 25'Good 223 Green Buttonwood Conocarpus erectus X 8.0''113 X 25'Good 224 Cabbage Palm Sabal palmetto X 12.0''50 X 16'Good 225 Cabbage Palm Sabal palmetto X 12.0''50 X 20'Good 226 Christmas Palm Veitchia merrillii 8.0''28 X 16'Good 227 Green Buttonwood Conocarpus erectus X 8.0''113 X 20'Good 228 Christmas Palm Veitchia merrillii 8.0''28 X 16'Good 229 Cabbage Palm Sabal palmetto X 14.0''50 X 22'Good 230 Cabbage Palm Sabal palmetto X 14.0''50 X 20'Good 231 Cabbage Palm Sabal palmetto X 12.0''50 X 18'Good 232 Green Buttonwood Conocarpus erectus X 6.0''113 X 25'Good 233 Green Buttonwood Conocarpus erectus X 6.0''113 X 25'Good 234 Cabbage Palm Sabal palmetto X 12.0''50 X 20'Good 235 Cabbage Palm Sabal palmetto X 12.0''50 X 24'Good 236 Cabbage Palm Sabal palmetto X 12.0''50 X 22'Good 237 Green Buttonwood Conocarpus erectus X 8.0''113 X 22'Good 238 Green Buttonwood Conocarpus erectus X 8.0''177 X 24'Good 239 Green Buttonwood Conocarpus erectus X 8.0''113 X 22'Good 240 Cabbage Palm Sabal palmetto X 12.0''50 X 20'Good 241 Cabbage Palm Sabal palmetto X 12.0''50 X 24'Good 242 Cabbage Palm Sabal palmetto X 12.0''50 X 22'Good 243 Green Buttonwood Conocarpus erectus X 8.0''113 X 24'Good 244 Green Buttonwood Conocarpus erectus X 8.0''154 X 26'Good 245 Green Buttonwood Conocarpus erectus X 8.0''113 X 24'Good 246 Cabbage Palm Sabal palmetto X 12.0''50 X 22'Good 247 Cabbage Palm Sabal palmetto X 12.0''50 X 20'Good 248 Cabbage Palm Sabal palmetto X 8.0''50 X 18'Good 249 Green Buttonwood Conocarpus erectus X 8.0''113 X 22'Good 250 Green Buttonwood Conocarpus erectus X 8.0''113 X 22'Good 251 Alexander Palm Ptychosperma elegans 3 X 8"113 X 24'Good 252 Alexander Palm Ptychosperma elegans 4 X 8"113 X 24'Good 253 Alexander Palm Ptychosperma elegans 8.0''113 X 18'Fair 254 Fishtail Palm Caryota mitis Multi 79 X 20'Good 255 Fishtail Palm Caryota mitis Multi 79 X 20'Good 256 Fishtail Palm Caryota mitis Multi 79 X 20'Good 257 Fishtail Palm Caryota mitis Multi 79 X 20'Good 258 Fishtail Palm Caryota mitis Multi 79 X 20'Good 259 Fishtail Palm Caryota mitis Multi 79 X 20'Good 260 Fishtail Palm Caryota mitis Multi 79 X 20'Good 261 Fishtail Palm Caryota mitis Multi 79 X 20'Good 262 Fishtail Palm Caryota mitis Multi 79 X 20'Good 263 Fishtail Palm Caryota mitis Multi 79 X 20'Good NOTES: 1.ONLY A CERTIFIED ARBORIST SHALL PERFORM ROOT AND CANOPY PRUNING WORK. 2.ROOT PRUNING SHALL BE DONE BEFORE ANY CLEARING OF SITE OR DEMOLITION OF CURBS AND PAVED SURFACES. 3.ALL TREES BEING ROOT PRUNED SHALL ALSO HAVE THE THERE CANOPY REDUCED (PRUNED). 4.ARBORIST PERFORMING WORK SHALL SCHEDULE A PRE-CONSTRUCTION MEETING WITH LANDSCAPE ARCHITECT TO DELINEATE LIMITS OF CANOPY REDUCTION. 5.CONTRACTOR SHALL INCLUDE A WATERING CONTRACT, TO WATER ALL E;ISTING TREES IN (3) TIMES A WEEK DURING ALL PHASES OF CONSTRUCTION. 6.SEE ADDITIONAL NOTES AND DETAILS ON SHEET LE5 BID SET ELEVATIONS ARE IN NAVD 1988 145 TREE DISPOSITION NOTES & DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-DISPOSITION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 10:59:37 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LE5 PROTECTIVE FENCING/BARRICADE DETAIL N.T.S. CROWN DRIP LINE 1 2 3 4 5 6 7 8 1 4 5 9 48" MIN.12"EXISTING TREE/PALM OR PLANTING CLUSTER TO BE PROTECTED DURING CONSTRUCTION. 1 TEMPORARY BARRICADE FOR EXISTING TREE(S)/PALMS(S) TO REMAIN OR RELOCATE SURROUNDING DRIP LINE OR EXISTING ROOT ZONE* 2 CROWN DRIP LINE* DEFINED BY EXISTING TREE CANOPY EXTENTS OR AS SPECIFIED BY TREE SPECIALIST ON A PER TREE BASIS. IF RELOCATING TREE/PALM PRUNE EXISTING ROOT ZONE TO DRIP LINE OR AS SPECIFIED BY TREE SPECIALIST ON A PER TREE BASIS. CONTRACTOR SHALL BRACE TREE OR PALM BEFORE AND DURING THE ROOT PRUNING PROCESS, AS PER STAKING DETAILS. 3 2" X 4" WOOD STAKES (EMBEDDED A MIN. OF 24" IN GROUND), 8' O.C. MAX., PAINTED ORANGE TYPICAL 4 (2) 2" X 4" HORIZONTAL STRINGERS, PAINTED ORANGE TYPICAL, NAIL WOOD STRINGERS SECURELY TO WOOD POSTS. 5 5" THICK LAYER OF MULCH.6 MAINTAIN EXISTING GRADE WITHIN THE TREE PROTECTION FENCE UNLESS OTHERWISE INDICATED ON THE PLANS. 7 EXISTING UNDISTURBED SOIL8 8.5" X 11" SIGN LAMINATED IN PLASTIC SPACED EVERY 50' ALONG THE FENCE (MIN. 2 PER FENCE, EQUALLY SPACED). SIGN SHALL READ "TREE AND PLANT PROTECTION AREA- KEEP OUT" IN BLACK BLOCK LETTERS ON WHITE HEAVY DUTY CARDBOARD BACKGROUND. 9 * NOTE: EXISTING ROOT ZONE AND/OR DRIP LINE AREA MUST BE SPECIFIED BY A TREE SPECIALIST ON SITE, PER TREE AND MUST BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO STARTING CONSTRUCTION. TEMPORARY FENCING/BARRICADES SHALL BE LOCATED TO PROTECT A MINIMUM OF 75% OF THE CRITICAL PROTECTION ZONE. NOTES: 1.SEE "PRESERVATION NOTES" FOR ADDITIONAL TREE PROTECTION REQUIREMENTS. 2.IF THERE IS NO EXISTING IRRIGATION, A WATERING CONTRACT IS TO BE PROVIDED AS PER THE "PRESERVATION NOTES". 3.NO PRUNING SHALL BE PERFORMED EXCEPT BY AN APPROVED ARBORIST. 4.NO EQUIPMENT SHALL OPERATE INSIDE THE PROTECTIVE FENCING INCLUDING DURING FENCE INSTALLATION AND REMOVAL. TREE PROTECTION AREA KEEP OUT 1/2" LETTERS 2" LETTERS 8-1/2" X 11" CARDBOARD SIGN 24"MIN.2 1.THE OWNER OR DESIGNATED REPRESENTATIVE SHALL VERIFY THE CONDITION AND TAG ALL MATERIAL TO BE RELOCATED OR REMOVED PRIOR TO ANY CONSTRUCTION ACTIVITY. 2.PRESERVED TREES (TO REMAIN) SHALL BE BARRICADED/FENCED BEFORE AND DURING CONSTRUCTION: 2.a.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR PRESERVING AND PROTECTING ALL E;ISTING VEGETATION (INCLUDING TREES, PALMS, SHRUBS & GROUND COVERS) NOTED ON PLANS. 2.b.THE TEMPORARY FENCING SHOWN ON PLAN(S) ARE APPRO;IMATIONS ONLY. E;ACT LOCATIONS FOR FENCING SHALL BE MADE IN THE FIELD BY THE OWNER'S REPRESENTATIVE OR TREE SPECIALIST IN ORDER TO DETERMINE THE ACTUAL DRIP LINE LOCATION FOR THE TREE(S). E;ISTING GROUND ELEVATION AROUND DRIP LINES OF THE PRESERVED TREES WILL NOT BE CHANGED. 2.c.REFER TO PROTECTIVE FENCING/BARRICADE DETAIL ON THIS SHEET FOR APPROVED METHOD(S) OF BARRICADING/FENCING. 2.d.IF DURING THE COURSE OF CONSTRUCTION ANY OF THE PROTECTED VEGETATION DIES, IT SHALL BE REPLACED, AS RE4UIRED BY THE LOCAL JURISDICTION, BY THE CONTRACTOR WITH E4UAL SI=E AND CALIPER. WHERE SUPPLEMENTAL LANDSCAPING INFRINGES ON THIS AREA, DISTURBANCE SHALL BE MINIMI=ED. 3.PROTECT ROOT =ONES OF ALL TREES AND PLANTS: 3.a.DO NOT ALLOW VEHICULAR TRAFFIC AND PARKING WITHIN THE FENCED AREA. 3.b.DO NOT STORE MATERIALS OR PRODUCTS NEAR TREES OR PLANTS. 3.c.PREVENT DUMPING OF REFUSE OR CHEMICALLY INJURIOUS MATERIALS OR LI4UIDS. 3.d.DO NOT ALLOW WATER TO PUDDLE OR CONTINUOUS RUNNING WATER TO ERODE AREA. 3.e.CAREFULLY SUPERVISE ALL WORK TO PREVENT DAMAGE. 4.ALL TREES TO BE ROOT PRUNED SHALL BE: 4.a.ROOT PRUNE PRIOR TO INITIATING ANY CLEARING OF THE SITE 4.b.CANOPY PRUNED (TRIMMED & REDUCED) PROPORTIONALLY BY A CERTIFIED ARBORIST, IN ORDER TO REDUCE RISK OF STORM DAMAGE AFTER ROOT PRUNING AND ACCORDING TO SOUND ARBORICULTURAL STANDARDS. 4.c.ALL (ROOT AND CANOPY) PRUNING SHALL BE IN ACCORDANCE WITH A.N.S.I. STANDARDS AND THE GOVERNING AGENCIES MINIMAL STANDARDS. 4.d.ROOT PRUNED BY HAND DIGGING ONLY, USE SHARP LOPPERS, SHEARS, OR SAWS FOR CUTTING. NO MECHANICAL E4UIPMENT SHALL BE USED WHICH WOULD DAMAGE THE ROOT SYSTEM (SUCH AS A BACKHOE OR TRENCHER). 4.e.BRACE ROOT PRUNED TREES IMMEDIATELY AS PER DETAIL 1 ON THIS SHEET, OR AS APPROVED BY LANDSCAPE ARCHITECT. 4.f.OTHER METHODS AND TECHNI4UES MAY BE NECESSARY AND WILL BE EVALUATED ON A PER TREE BASIS. ARBORIST SHALL PROVIDE RECOMMENDATIONS TO LANDSCAPE ARCHITECT 4.g.ADE4UATELY WATERED THREE TIMES A WEEK, AFTER ROOT-PRUNING, DURING ALL PHASES OF CONSTRUCTION UNTIL THE PROPOSED IRRIGATION SYSTEM IS OPERATIONAL. ROOT BALLS SHALL BE KEPT MOIST AT ALL TIMES.. 4.h.FERTILI=ED WITH AN APPROPRIATE TYPE OF FERTILI=ER MI; TO ENCOURAGE NEW ROOT GROWTH (i.e. LOW IN NITROGEN AND HIGH IN OTHER NUTRIENTS). 5.CONSULT THE OWNER DESIGNATED REPRESENTATIVE OR LANDSCAPE ARCHITECT AND REMOVE AGREED-ON ROOTS AND BRANCHES WHICH INTERFERE WITH CONSTRUCTION WORK AREA PRIOR TO INITIATING SITE CLEARING. 6.EMPLOY 4UALIFIED CERTIFIED ARBORIST TO REMOVE BRANCHES, AND TREAT ANY CUTS. 7.ALL E;OTIC PLANTS, AS DEFINED BY THE LOCAL JURISDICTION, SHALL BE REMOVED WITHIN THE LIMIT OF WORK. A FOLLOW-UP MAINTENANCE PLAN SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF E;OTIC VEGETATION. 8.COMPLETELY REMOVE BARRICADES WHEN CONSTRUCTION HAS ENDED, AND/OR WHEN APPROVED BY THE LANDSCAPE ARCHITECT. 9.CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY AND ALL PERMITS FOR TREE REMOVAL/PRUNING AS WELL ANY BONDS RE4UIRED, FROM THE GOVERNING AGENCIES. CONTRACTOR SHALL PROVIDE FOR MITIGATION, AS RE4UIRED, PRIOR TO CLEARING LAND AND OBTAINING A BUILDING PERMIT. 10.LANDSCAPE CONTRACTOR SHALL INCLUDE IN HIS BID A WATERING CONTRACT AS PER THESE NOTES (4.g) 11.REFER TO PROPOSED PLANTING PLANS FOR ADDITIONAL RE4UIREMENTS AND NOTES. PRESERVATION NOTES: BOX STAKING FOR EXISTING TREE NTS 1'-6"1'-0"3'-0"1 3 4'-0" MIN.2'-0"2 4 5 6 7 8 9 10 11 12 12 13 14 (5) LAYERS OF BURLAP** AND (5) 2" X 4" X 18" LONG**, EVENLY SPACED WOODEN BATTENS CONNECTED WITH 2-3/4" STEEL BANDS. 1 2 FLUORESCENT FLAGGING**3 EXISTING TREE, DO NOT SCAR OR DAMAGE TRUNK4 5 6 7 8 9 ROOT PRUNE 18" FROM PROPOSED BACK OF CURB LOCATION.10 ROOT PRUNE 12" FROM PROPOSED BACK OF CURB LOCATION.11 BACK OF CURB (PROPOSED)12 ROOT BARRIER INSTALLED ALONG BACK OF CURB, SEE PLANS.13 PROPOSED IRRIGATION LINES INSTALLED BETWEEN ROOT PRUNING LINE AND BACK OF CURB. 14 ** CONTRACTOR SHALL REMOVE ALL STAKES 1 YEAR AFTER FINAL ACCEPTANCE. PLAN VIEW SECTION 2 (4 MIN.) 4" X 4" BRACES**(LENGTH AS REQUIRED), 2 MIN. ON EACH SIDE, TOE NAIL TO BATTEN AND REINFORCE W/ STEEL BANDING. DO NOT NAIL TO TRUNK.6'-0"8 2" X 6" X 6'-0" CROSS BRACE ATTACH TO CORNER POST WITH (2) GALVANIZED BOLTS (EACH SIDE). 7 (2 MIN.) 4" X 4" X 48" MID-POINT STAKE. INSTALL MID-POINT BETWEN CORNER POSTS ATTACH TO STAKING BRACE WITH (2) GALVANIZED BOLTS. 6 2" X 6" (LENGTH AS REQUIRED) STAKING BRACE. SET LEVEL AND AS LOW AS POSSIBLE. ATTACH TO CORNER POST WITH (2) GALVANIZED BOLTS (EACH SIDE). 5 (4 MIN.) 4" X 4" X 24" CORNER STAKE 9 2" X 6" (LENGTH AS REQUIRED). INSTALL ONCE CURB IS IN PLACE, REST ON BACK OF CURB AND NAIL OTHER SIDE TO CORNER STAKE.. NOTES ·ALL LUMBER SHALL BE PRESSURE TREATED ·BOLTS SHALL BE 1 2" X 6", WITH (2) WASHERS AND HEX NUT ·ALL NAILS SHALL BE GALVANIZED 1 BID SET ELEVATIONS ARE IN NAVD 1988 146 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVDBEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 STORMSEWER CITY OF DELRAY BEACH CITY OF BOYNTON BEACH STORMSEWER RB-101-36 NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. RB-101-36OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD CITY OF DELRAY BEACH CITY OF DELRAY BEACH CITY OF BOYNTON BEACHCITY OF BOYNTON BEACH RB-101-36 NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. SYMBOL DESCRIPTION QTY PLANTING SOILS EXCAVATE NEW MEDIAN AREAS AND ROOT PRUNED AREA TO BACK OF CURB TO 12" DEPTH AND FILL WITH 50/50 PLANTING SOIL MIX. CONTRACTOR SHALL REMOVE, HAUL AWAY AND DISPOSE OF EXCAVATED MATERIAL. 210 cy SWALE AREAS: SHALL BE FILLED WITH 6" DEPTH OF 50/50 PLANTING SOIL MIX. CONTRACTOR SHALL REMOVE, HAUL AWAY AND DISPOSE OF EXCAVATED MATERIAL. FINISH GRADES AS PER GRADING PLANS. 209 cy EXISTING SOILS WITHIN DRIPLINE OF TREES: REMOVE ALL EXISTING SHRUBS AND GROUND COVER, WEEDS, CONSTRUCTION DEBRI AND TRASH. EXISTING SOIL SHALL BE TILLED (LOOSENED) WITH THE USE OF AN AIR SPADE, A 8" TOP LAYER OF 50/50 PLANTING SOIL SHALL BE SPREAD OUT FOR NEW SHRUBS AND GROUND COVERS. 86.7 cy ROOT BARRIER Root Barrier Linear Application (36" depth): Install along back of curb. DeepRoot UB 36-2, or approved equal. 931 lfRB-101-36 PLANTING SOIL QUANTITIES FOR THIS SHEET LANDSCAPE SOIL PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-SOILS.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:19:17 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LS1MATCH LINE STA. 14+50SEE BELOW FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET LS2 FOR CONTINUATIONMATCH LINE STA. 14+50SEE ABOVE FOR CONTINUATIONEXISTING IRRIGATION NOTE: ·BEFORE EXCAVATION OF SWALES, CONTRACTOR SHALL COORDINATE WITH CITY REPRESENTATIVE IN ORDER TO VERIFY WHICH RESIDENTS HAVE IRRIGATION SYSTEMS THAT EXTEND INTO THE RIGHT-OF-WAY AREAS. ·RESIDENTIAL LOTS WITH IRRIGATION WITHIN RIGHT-OF-WAY SHALL HAVE THE SYSTEMS REPLACED/MODIFIED BY CONTRACTOR AT NO ADDITIONAL COST TO CITY OR HOME OWNER. IN ORDER TO PREVENT DAMAGE TO SYSTEM BEYOND THE RIGHT-OF-WAY AREAS: 1.CONTRACTOR SHALL MAKE AN AUDIT OF SYSTEM WITHIN RIGHT-OF-WAY AND PREPARE AN AS-BUILT PLAN SHOWING EXISTING HEADS, VALVES, PIPE RUNS & SIZES PRIOR TO EXCAVATION OR REMOVAL OF EXISTING SYSTEM COMPONENTS. 2.CONTRACTOR SHALL CUT & CAP 'SOURCE' PIPE AT RIGHT-OF-WAY LINE. 3.UPON COMPLETION OF EXCAVATION, CONTRACTOR SHALL USE AS-BUILT PLAN TO INSTALL NEW PIPE, VALVE (IF ONE EXISTED PREVIOUSLY) AND SPRAY HEADS TO PROVIDE 100% COVERAGE WITH HEAD TO HEAD OVERLAP. USE OF SAME SPRAY BODY AND NOZZLE TYPE (MANUFACTURER/MODEL) AS THOSE REMOVED. CONNECT NEW RIGHT-OF-WAY IRRIGATION ZONE TO CAPPED 'SOURCE' PIPE. 4.PROVIDE A PVC SCH40 SLEEVE BELOW SIDEWALK FOR NEW LINES. BID SET ELEVATIONS ARE IN NAVD 1988 147 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD CITY OF DELRAY BEACH CITY OF BOYNTON BEACHCITY OF BOYNTON BEACH RB-101-36"RB-101-36"RB-101-36" NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROAD(1'3R2-(&7 /,0,72):2R. 67$ 13 ( 6161 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH RB-101-36" RB-101-36"RB-101-36" NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. NO EXCAVATION 2'-0" FROM EDGE OF PAVEMENT TYP. 6<0B2/'(6&R,37,21 47< 3/$17,1*62,/6 EXCAVATE NEW MEDIAN AREAS AND ROOT PRUNED AREA TO BACK OF CURB TO 12" DEPTH AND FILL WITH 50/50 PLANTING SOIL MIX. CONTRACTOR SHALL REMOVE, HAUL AWAY AND DISPOSE OF EXCAVATED MATERIAL. 95.7 cy SWALE AREAS: SHALL BE FILLED WITH 6" DEPTH OF 50/50 PLANTING SOIL MIX. CONTRACTOR SHALL REMOVE, HAUL AWAY AND DISPOSE OF EXCAVATED MATERIAL. FINISH GRADES AS PER GRADING PLANS. 192 cy EXISTING SOILS WITHIN DRIPLINE OF TREES: REMOVE ALL EXISTING SHRUBS AND GROUND COVER, WEEDS, CONSTRUCTION DEBRI AND TRASH. EXISTING SOIL SHALL BE TILLED (LOOSENED) WITH THE USE OF AN AIR SPADE, A 8" TOP LAYER OF 50/50 PLANTING SOIL SHALL BE SPREAD OUT FOR NEW SHRUBS AND GROUND COVERS. 177 cy R227B$RR,(R Root Barrier Linear Application (36" depth): Install along back of curb. DeepRoot UB 36-2, or approved equal. See Detail 1/LS3 1,039 lf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www.callsunshine.com 0 000 $66+2:1 /60$7&+/,1(67$06((B(/2:)2R&217,18$7,210$7&+/,1(67$1 06((6+((7/61)2R&217,18$7,210$7&+/,1(67$06(($B29()2R&217,18$7,21EXISTING IRRIGATION NOTE: ·BEFORE EXCAVATION OF SWALES, CONTRACTOR SHALL COORDINATE WITH CITY REPRESENTATIVE IN ORDER TO VERIFY WHICH RESIDENTS HAVE IRRIGATION SYSTEMS THAT EXTEND INTO THE RIGHT-OF-WAY AREAS. ·RESIDENTIAL LOTS WITH IRRIGATION WITHIN RIGHT-OF-WAY SHALL HAVE THE SYSTEMS REPLACED/MODIFIED BY CONTRACTOR AT NO ADDITIONAL COST TO CITY OR HOME OWNER. IN ORDER TO PREVENT DAMAGE TO SYSTEM BEYOND THE RIGHT-OF-WAY AREAS: 1.CONTRACTOR SHALL MAKE AN AUDIT OF SYSTEM WITHIN RIGHT-OF-WAY AND PREPARE AN AS-BUILT PLAN SHOWING EXISTING HEADS, VALVES, PIPE RUNS & SIZES PRIOR TO EXCAVATION OR REMOVAL OF EXISTING SYSTEM COMPONENTS. 2.CONTRACTOR SHALL CUT & CAP 'SOURCE' PIPE AT RIGHT-OF-WAY LINE. 3.UPON COMPLETION OF EXCAVATION, CONTRACTOR SHALL USE AS-BUILT PLAN TO INSTALL NEW PIPE, VALVE (IF ONE EXISTED PREVIOUSLY) AND SPRAY HEADS TO PROVIDE 100% COVERAGE WITH HEAD TO HEAD OVERLAP. USE OF SAME SPRAY BODY AND NOZZLE TYPE (MANUFACTURER/MODEL) AS THOSE REMOVED. CONNECT NEW RIGHT-OF-WAY IRRIGATION ZONE TO CAPPED 'SOURCE' PIPE. 4.PROVIDE A PVC SCH40 SLEEVE BELOW SIDEWALK FOR NEW LINES. B,'6(7 (/(9$7,216$R(,11$9'1 148 LANDSCAPE SOIL DETAILS & NOTESSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-SOILS.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:00:17 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN LS3 SITE PREPARATION: 1.LANDSCAPE CONTRACTOR SHALL EXERCISE CAUTION TO PROTECT ALL EXISTING SOD AND IRRIGATION SYSTEMS ANY DAMAGE TO THE SOD OR IRRIGATION SHALL BE REPLACED/REPAIRED TO THE ORIGINAL STATE BY THE LANDSCAPE CONTRACTOR AT NO COST TO THE OWNER. 2.GENERAL CONTRACTOR TO REMOVE ALL EXISTING BRAZILIAN PEPPER, FLORIDA HOLLY AND ALL EXOTIC NUISANCE MATERIAL ON SITE, AS REQUIRED AND/OR AS SPECIFIED ON EXISTING PRESERVATION/DISPOSITION PLANS. 3.GENERAL CONTRACTOR SHALL ERADICATE & REMOVE ALL WEEDS & GRASS, CLEAN-UP ANY DEAD MATERIAL, DEBRIS, AND RUBBISH PRIOR TO INSTALLING A NEW PLANT MATERIAL. 4.LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALL FINAL GRADING WITHIN PLANTING AREAS. PLANTING/TOP SOIL: 5.ALL BUILDING CONSTRUCTION MATERIAL AND FOREIGN MATERIAL SHALL BE REMOVED FROM THE PLANTING AREAS AND REPLACED WITH 50/50 MIX FILL SOIL OR AS OTHERWISE SPECIFIED. 5.1.ALL PARKING ISLANDS AND PLANTING BEDS AROUND BUILDINGS, SHALL BE EXCAVATED TO A DEPTH OF 36" MIN. AND REPLACED WITH 50/50 PLANT MIX, OR AS PER SPECIFICATIONS. 5.2.TOPSOIL SHALL BE CLEAN AND FREE OF CONSTRUCTION DEBRIS, WEEDS, ROCKS, NOXIOUS PESTS AND DISEASES, AND EXHIBIT A PH OF 6.5 TO 7.0. THE TOPSOIL FOR PLANTING AREAS SHALL BE AMENDED WITH HORTICULTURAL ACCEPTABLE ORGANIC MATERIAL. ALL SOILS USED SHALL BE SUITABLE FOR THE INTENDED PLANT MATERIAL. THE SOURCE OF THE TOPSOIL SHALL BE KNOWN TO THE APPLICANT AND MUST BE ACCEPTABLE TO THE GOVERNING AGENCIES. 5.3.LANDSCAPE CONTRACTOR TO SUPPLY & INSTALL 2" SOIL LAYER 50/50 MIX BLANKET FOR ALL NEW SOD AREAS. 5.4.THE MIN. PLANTING SOIL DEPTH SHALL BE SIX (6") INCHES FOR GROUND COVERS, FLOWERS, SHRUBS AND HEDGES. 5.5.TREES SHALL RECEIVE TWELVE (12") INCHES OF PLANTING SOIL AROUND THE ROOT BALL. 5.5.6" TOP SOIL REQUIRED AROUND & BENEATH ALL PROPOSED PLANT MATERIAL ROOT BALLS. (UNLESS OTHERWISE NOTED) 5.6.CLEAN SAND SHALL BE USED TO BACKFILL ARID CLIMATE PALMS. 5.7.NATIVE TOPSOIL ON THE SITE SHALL BE RETAINED ON-SITE AND USED WHEN THERE IS SUFFICIENT QUANTITY TO COVER AT LEAST SOME OF THE ON-SITE LANDSCAPED AREAS. PLANTING SOIL NOTES: CODE KEYNOTES 0090-21 FIBERWEB, INC. TYPAR GEOSYNTHETICS 70 Old Hickory Blvd. Old Hickory, TN 37138 (800) 541-5519 WWW.TYPARGEOSYNTHETICS.COM .EYNOTE SCHEDULE BID SET ELEVATIONS ARE IN NAVD 1988 ROOT BARRIER (EXISTING TREE) NTS 1 2 3 4 10 12" MAX 12 MAX. 7 6 5 8 9 5 4 EXISTING PALM OR TREE1 NEW MULCH, PER SPECIFICATIONS2 EXISTING OR PROPOSED CONCRETE SURFACE3 SUB-BASE FOR CONCRETE SURFACE TYPICAL4 RIGID PANEL ROOT BARRIER(PER PLAN & SCHEDULE): VERTICALLY PLACED TO STOP LATERAL ROOT GROWTH. INSTALL 2 INCHES BELOW TOP OF CONCRETE, VERTICAL RIBS FACING ROOT BALL. 5 EXISTING ROOT SYSTEM6 ROOT PRUNE 4 TO 12 INCHES FROM HARDSCAPE AREA (CONC. SURFACE, CURB OR PAVED SURFACE) AS PER PLANS. SEE ADDITIONAL REQUIREMENTS #1 THROUGH #5. 7 DIG TRENCH AS CLOSE TO HARDSCAPE AS POSSIBLE, REMOVE REMAINING ROOTS, LEAVE TRENCH WALLS SMOOTH. 8 BACKFILL CAREFULLY TO AVOID DISLOCATING ROOT BARRIER WITH PLANTING SOIL MIX, PER SPECIFICATIONS. 9 EXISTING CURB OR PAVED SURFACE10 NOTES: 1.CONTACT SUNSHINE 811 PRIOR TO EXCAVATING TO LOCATE EXISTING UNDERGROUND UTILITIES. 2.ALL ROOT PRUNING SHALL BE PERFORMED BY A CERTIFIED ARBORIST. 3.ALL ROOT PRUNED EXISTING TREES AND PALMS SHALL BE BRACED AND STAKED AS PER DETAILS AND SPECIFICATIONS. 4.ALL ROOT PRUNED EXISTING TREES AND PALMS SHALL BE IRRIGATED BY AN AUTOMATED SYSTEM, AS PER SPECIFICATIONS. IF NO SYSTEM EXISTS OR CONTRACTOR SHALL PROVIDE A WATERING CONTRACT AS PER SPECIFICATIONS. 5.REFER TO MANUFACTURER'S SPECIFICATIONS AND RECOMMENDED INSTALLATION INSTRUCTIONS FOR ADDITIONAL INFORMATION 1 149 007 008 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVDBEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 STORMSEWER CITY OF DELRAY BEACH CITY OF BOYNTON BEACH STORMSEWER 240'-0"25'-0"25'-0"25'-0"25'-0"LIA 8 SAFE SIGHT DISTANCE TRIANGLE FOR DRIVEWAYS TYPICAL JHC 127 AGP 289 JHC 22 AGP 179 FMG 270 MSS 1,115 SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.REMARKS TREES LIA 8 Lagerstroemia indica CAlbaC White Crape Myrtle F.G. 12C HT. ; 6C SPR., 3 CAL.Standard, Florida Fancy SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.SPACING REMARKS SHRUB AREAS FMG 270 FicXs microcarpa CGreen IslandC Green Island FicXs 3 G, 18 HT ; 18 SPR FXll 18 o.c. JHC 149 JXniperXs conferta 'Compacta' Dwarf Shore JXniper 3 G, 18 HT ; 24 SPR.FXll 24 o.c. RIH 154 Rhaphiolepis indica Indian Hawthorn 3 G, 24 HT ; 24 SPR FXll 24 o.c. GROUND COVERS AGP 468 Arachis glabrata Perennial PeanXt 1 G FXll Pot 12 o.c. MSS 1,115 Mimosa strigillosa SXnshine Mimosa 1 G FXll Pot, with RXnners 12 o.c. PNB 5,759 sf PaspalXm notatXm Bahiagrass Sod PLANT SCHEDULE (this sheet) RIH 154 14'-6"240'-0" PLANTING PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-PLANTING.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:19:00 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN L-1MATCH LINE STA. 14+50SEE SHEET L-2 FOR CONTINUATIONSIGHT DISTANCE NOTE: ·THE SIGHT DISTANCES SHOWN ARE 240' (MINIMUM DISTANCE PER FDOT STANDARDS FOR THIS APPLICATION ·SEE SHRUB MAINTENANCE DETAIL ON THIS SHEET BID SET ELEVATIONS ARE IN NAVD 1988 SHRUB MAINTENANCE IN SIGHT TRIANGLE NTS24"18"6'-6"1 2 3 45 ASPHALT PAVEMENT1 TOP OF CURB2 SHRUB MAINTAINED HEIGHT (18" ABOVE TOP OF CURB) 3 TRUNK OF CANOPY TREE4 BOTTOM OF TREE CANOPY MAINTAINED 8'-0" ABOVE TOP OF CURB 5 THIS DETAIL DEPICTS A CLEAR SIGHT WINDOW WITH VERTICAL LIMITS BETWEEN 18" TO 8'-0" ABOVE TOP OF CURB. LANDSCAPE SHRUBS WITHIN SIGHT LINES SHALL BE MAINTAINED BELOW THE 18" VERTICAL LINE ABOVE TOP OF CURB. TREE CANOPY SHALL BE MAINTAINED TO BE ABOVE THE 8'-0" ABOVE TOP OF CURB. 1 150 009 011 012 013 014 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD CITY OF DELRAY BEACH CITY OF DELRAY BEACH CITY OF BOYNTON BEACHCITY OF BOYNTON BEACH 14'-6"240'-0"14'-6"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"SAFE SIGHT DISTANCE TRIANGLE FOR DRIVEWAYS TYPICAL SAFE SIGHT DISTANCE TRIANGLE FOR STREET INTERSECTIONS TYPICAL SAFE SIGHT DISTANCE TRIANGLE FOR STREET INTERSECTIONS TYPICAL JHC 14 JHC 59 AGP 248 AGP 295 SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.REMAR.S NATIVE PALMS RE 3 Rhapis e[celsa Lady Palm 25 G, 5C-7C HT MXlti-TrXnN, FXll Pot NATIVE TREES JC 3 Jatropha integerrima 'Compacta' Compact Spicy Jatropha 25 G, 6C-7C HT Standard, Matched SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.SPACING REMAR.S SHRUB AREAS HPC 20 Hamelia patens 'Compacta' Dwarf FirebXsh 3 G, 24 HT ; 24 SPR FXll 24 o.c. JHC 293 JXniperXs conferta 'Compacta' Dwarf Shore JXniper 3 G, 18 HT ; 24 SPR.FXll 24 o.c. RIH 688 Rhaphiolepis indica Indian Hawthorn 3 G, 24 HT ; 24 SPR FXll 24 o.c. GROUND COVERS AGP 722 Arachis glabrata Perennial PeanXt 1 G FXll Pot 12 o.c. PNB 7,558 sf PaspalXm notatXm Bahiagrass Sod PLANT SCHEDULE 2(this sheet) 240'-0"14'-6"240'-0" JC 3 RE 3 RIH 516 HPC 20 AGP 179 RIH 172 JHC 98 JHC 122 PLANTING PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-PLANTING.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:25:15 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN L-2MATCH LINE STA. 19+50SEE SHEET L-3 FOR CONTINUATIONMATCH LINE STA. 14+50SEE SHEET L-1 FOR CONTINUATIONSIGHT DISTANCE NOTE: ·THE SIGHT DISTANCES SHOWN ARE 240' (MINIMUM DISTANCE PER FDOT STANDARDS FOR THIS APPLICATION ·SEE SHRUB MAINTENANCE DETAIL ON SHEET L-1 BID SET ELEVATIONS ARE IN NAVD 1988 151 015 016 017 018 019 022 023 024 025 026 027 028SE 2nd CT.SE 36th AVE GULFSTREAM BLVD CITY OF DELRAY BEACH CITY OF BOYNTON BEACHCITY OF BOYNTON BEACH 25'-0"25'-0"25'-0"SAFE SIGHT DISTANCE TRIANGLE FOR DRIVEWAYS TYPICAL AGP 252 JHC 130 RIH 618 RE 3 JC 3 RE 2 HPC 55 SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.REMAR.S NATIVE PALMS RE 6 Rhapis e[celsa Lady Palm 25 G, 5C-7C HT MXlti-TrXnN, FXll Pot NATIVE TREES JC 3 Jatropha integerrima 'Compacta' Compact Spicy Jatropha 25 G, 6C-7C HT Standard, Matched SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.SPACING REMAR.S SHRUB AREAS HPC 55 Hamelia patens 'Compacta' Dwarf FirebXsh 3 G, 24 HT ; 24 SPR FXll 24 o.c. JHC 130 JXniperXs conferta 'Compacta' Dwarf Shore JXniper 3 G, 18 HT ; 24 SPR.FXll 24 o.c. RIH 942 Rhaphiolepis indica Indian Hawthorn 3 G, 24 HT ; 24 SPR FXll 24 o.c. GROUND COVERS AGP 707 Arachis glabrata Perennial PeanXt 1 G FXll Pot 12 o.c. PNB 6,815 sf PaspalXm notatXm Bahiagrass Sod SSF 340 sf StenotaphrXm secXndatXm St. AXgXstine Grass Sod One year warranty shall be provided. PLANT SCHEDULE (this sheet) AGP 45514'-6"240'-0" RE 1 RIH 324 THIS AREA HAS IRRIGATION, USE ST. AUGUSTINE SOD PLANTING PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-PLANTING.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:04:29 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN L-3MATCH LINE STA. 24+50SEE SHEET L-4 FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET L-2 FOR CONTINUATIONSIGHT DISTANCE NOTE: ·THE SIGHT DISTANCES SHOWN ARE 240' (MINIMUM DISTANCE PER FDOT STANDARDS FOR THIS APPLICATION ·SEE SHRUB MAINTENANCE DETAIL ON SHEET L-1 BID SET ELEVATIONS ARE IN NAVD 1988 152 029 030 031 032SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADEND PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH 25'-0"25'-0" 25'-0"25'-0"25'-0"25'-0"SAFE SIGHT DISTANCE TRIANGLE FOR DRIVEWAYS TYPICAL SAFE SIGHT DISTANCE TRIANGLE FOR STREET INTERSECTIONS TYPICAL HPC 12 RIH 81 JC 3 HPC 70 JHC 64 AGP 402 SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.REMARKS NATIVE TREES JC 8 Jatropha integerrima 'Compacta' Compact Spicy Jatropha 25 G, 6C-7C HT Standard, Matched SYMBOL CODE 4TY BOTANICAL / COMMON NAME SI=E SPEC.SPACING REMARKS SHRUB AREAS HPC 82 Hamelia patens 'Compacta' Dwarf FirebXsh 3 G, 24 HT ; 24 SPR FXll 24 o.c. JHC 64 JXniperXs conferta 'Compacta' Dwarf Shore JXniper 3 G, 18 HT ; 24 SPR.FXll 24 o.c. RIH 565 Rhaphiolepis indica Indian Hawthorn 3 G, 24 HT ; 24 SPR FXll 24 o.c. GROUND COVERS AGP 402 Arachis glabrata Perennial PeanXt 1 G FXll Pot 12 o.c. PNB 5,433 sf PaspalXm notatXm Bahiagrass Sod PLANT SCHEDULE (this sheet)14'-6"240'-0"14'-6"240'-0" RIH 482 JC 5 PLANTING PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-PLANTING.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:04:29 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN L-4MATCH LINE STA. 24+50SEE SHEET L-3 FOR CONTINUATIONSIGHT DISTANCE NOTE: ·THE SIGHT DISTANCES SHOWN ARE 240' (MINIMUM DISTANCE PER FDOT STANDARDS FOR THIS APPLICATION ·SEE SHRUB MAINTENANCE DETAIL ON SHEET L-1 BID SET ELEVATIONS ARE IN NAVD 1988 153 PLANTING DETAILS & NOTESSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-PLANTING.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:21:42 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN L-52"2"EXISTING SUBGRADE (UNDISTURBED EARTH) 2" TOP SOIL LAYER 50% SAND / 50% MUCK FINISH GRADEST. AUGUSTINE FLORATAM 'SOD' TYPICAL PAVED SURFACE (FINISH GRADE SHALL BE KEPT 2" BELOW TOP OF ALL FINISHED PAVED SURFACE, UNLESS OTHERWISE NOTED) NATIVE SOIL BACKFILL 3-5 TIMES WIDTH OF ROOTBALL13 GREY WOOD OR 5' MIN.GREY WOODOVERALL HEIGHTWIDTH OF ROOTBALL13 OFROOTBALLHEIGHT OFROOTBALL6"6" (5) LAYERS OF BURLAP AND (5) 2" X 4" X 18" LONG, EVENLY SPACED WOODEN BATTENS CONNECTED WITH 2-3/4" STEEL BANDS. (3 MIN.) 2" X 4" STAKES, EVENLY SPACED, TOE NAIL TO BATTEN AND REINFORCE W/ STEEL BANDING. DO NOT NAIL TO TRUNK. WATER RING (6" HEIGHT) PROVIDING A WATER COLLECTION BASIN 3" APPROVED MULCH LAYER, KEEP 6" CLEAR FROM TRUNK NO SCARS OR DAMAGE TO TRUNK REMOVE BURLAP AND ALL TIE MATERIAL FROM 1/3 OF ROOTBALL TILLED AND LOOSENED NATIVE SOIL BACKFILL, DEPTH SAME AS HEIGHT OF ROOTBALL UNDISTURBED SOIL TYP. HOSE CABLE WITH TURNBUCKLE (3 MIN.) FLOURESCENT FLAGGING NATIVE SOIL BACKFILL WIDTH OF ROOTBALL13 OFR.B.HEIGHT OFROOTBALL (R.B.)REMOVE BURLAP AND ALL TIE MATERIAL FROM 1/3 OF ROOTBALL 6"6" WATER RING/SAUCER (4" HEIGHT) PROVIDING A WATER COLLECTION BASIN 3" APPROVED MULCH LAYER, KEEP 6" CLEAR FROM TRUNK PLANTING SOIL BACKFILL, DEPTH SAME AS HEIGHT OF ROOTBALL 13 OVERALL HEIGHTOVERALL HEIGHT12" MIN. TOP OF ROOTBALL 10% ABOVE NATIVE BACKFILL SOIL UNDISTURBED SOIL TYP. DEADMAN (2'-6" MIN. DEPTH) 18 3 1 EXISTING GRADE AT SLOPE FIN. GRADE AT SLOPE (3:1 MAX) FIN. GRADE TYPICAL CONDITION (3:1 MAX)13 OFR.B.HEIGHT OFROOTBALL (R.B.)13 OVERALL HEIGHTOVERALL HEIGHTHOSE CABLE WITH TURNBUCKLE (3 MIN.) FLOURESCENT FLAGGING REMOVE BURLAP AND ALL TIE MATERIAL FROM 1/3 OF ROOTBALL WATER RING/SAUCER (4" HEIGHT) PROVIDING A WATER COLLECTION BASIN 3" APPROVED MULCH LAYER, KEEP 6" CLEAR FROM TRUNK PLANTING SOIL BACKFILL, DEPTH SAME AS HEIGHT OF ROOTBALL TOP OF ROOTBALL 10% ABOVE NATIVE BACKFILL SOIL DEADMAN (2'-6" MIN. DEPTH) 18 3 1 EXISTING GRADE AT SLOPE FIN. GRADE AT SLOPE (3:1 MAX) FIN. GRADE TYPICAL CONDITION (3:1 MAX) NATIVE SOIL BACKFILL WIDTH OF ROOTBALL 6"6" 12" MIN. UNDISTURBED SOIL TYP. WIDTH OF ROOTBALL 3"3"3"3" 3" APPROVED MULCH LAYER, KEEP 3" CLEAR FROM TRUNK TILLED AND LOOSENED PLANTING SOIL BACKFILL, DEPTH SAME AS HEIGHT OF ROOTBALL (MIN. 12"), AND 6" MIN. ON ALL SIDES. UNDISTURBED SOIL TYP. 6" MIN.HEIGHT OFROOTBALLFIN. GRADE O.C. SPACING* *REFER TO PLANT LAYOUT SPACING CHART FOR DISTANCES 3"3"3"3" 3" APPROVED MULCH LAYER, KEEP 3" CLEAR FROM TRUNK, OVER ENTIRE PLANTING BED. SET TOP OF ROOTBALL AT ORIGINAL PLANTING DEPTH TILLED AND LOOSENED PLANTING SOIL BACKFILL, DEPTH SAME AS HEIGHT OF ROOTBALL (MIN. 12"), AND 6" MIN. ON ALL SIDES. WATER RING/SAUCER (3" HEIGHT) PROVIDING A WATER COLLECTION BASIN UNDISTURBED SOIL TYP. FIN. GRADE HEIGHT OFROOTBALLSHRUB HEIGHTFULL WIDTH OF ROOTBALL (6" MIN.) MOUND OF COMPACTED EARTH WIDTH OF ROOTBALL O.C. SPACING* *REFER TO PLANT LAYOUT SPACING CHART FOR DISTANCES TRIANGULAR SPACING DIAGRAM'A''A ' 'A''B'60°60° 60° 'A''A''A'SQUARE SPACING DIAGRAM TYPICAL PLANT SPACING ('A') TYPICAL SHRUB / GROUNDCOVER CENTER (TRUNK/STEM) NOTE: TRIANGULAR SPACING METHOD IS PREFERRED. USE SQUARE SPACING ONLY IN SMALL RECTILINEAR AREAS, WHERE TRIANGULAR SPACING IS NOT INFEASIBLE. 'A'/2'A''A''A'PAVED SURFACE OR WALK TOP OF MULCH TO BE 1" BELOW TOP OF FINISHED PAVEMENT. 3" APPROVED MULCH EXCAVATE TO A MIN. DEPTH OF 12" & BACKFILL WITH PLANTING SOIL. EXISTING UNDISTURBED SOIL 12"PLANT SPACING ('A') VARIES, REFER TO PLANT LISTS FOR PLANT MATERIAL OFF CENTER (O.C.) SPACING VARIES W/ PLANT SPECIES, SO THAT MATURE PLANTS WILL NOT OVERLAP ONTO PAVEMENT (APPROXIMATELY HALF THE OFF CENTER SPACING) SECTION OF PLANTING BED EDGE GROUNDCOVER / SHRUB SPACING CHART PLANT SPACING ('A')ROW SPACING ('B') 6 IN. O.C.5 IN. O.C. 8 IN. O.C.7 IN. O.C. 10 IN. O.C.9 IN. O.C. 12 IN. O.C.10 IN. O.C. 15 IN. O.C.13 IN. O.C. 18 IN. O.C.15 IN. O.C. 24 IN. O.C.21 IN. O.C. 30 IN. O.C.26 IN. O.C. 36 IN. O.C.31 IN. O.C. 48 IN. O.C.41 IN. O.C. 54 IN. O.C.46 IN. O.C. 60 IN. O.C.52 IN. O.C. ROW SPACING = PLANT SPACING X 0.86 NTS3GROUNDCOVER & SHRUB LAYOUT & SPACING DETAIL NTS1TREE PLANTING DETAIL NTS2PALM PLANTING DETAIL NTS4MULTI-STEM PLANTING DETAIL NTS5SHRUB PLANTING DETAIL NTS6GROUNDCOVER PLANTING DETAIL NTS7SOD PLANTING DETAIL GENERAL: 1.STATE LAW MANDATES CONTACTING "SUNSHINE STATE ONE-CALL OF FLORIDA, INC." AT 811 OR 1-800-432-4770, AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF CONSTRUCTION. 2.LANDSCAPE CONTRACTOR SHALL CONTACT THE COUNTY, CITY AND/OR UTILITY COMPANIES TO LOCATE ALL UNDERGROUND UTILITIES OR STRUCTURES PRIOR TO DIGGING. LANDSCAPE CONTRACTOR SHALL REPAIR ALL DAMAGE TO UNDERGROUND UTILITIES, AND/OR CONSTRUCTION CAUSED BY UTILITY DAMAGE, AT NO COST TO THE OWNER. 3.CONTRACTOR SHALL FURNISH A "UNIT PRICE BREAKDOWN" FOR ALL MATERIAL TO BE USED IN PROJECT: 3.1.MULCH, TOPSOIL, FERTILIZER, STAKING, ETC. SHALL BE INCLUDED IN THE "UNIT BREAKDOWN" COST PER PLANT. 3.2.REQUESTS FOR SUBSTITUTIONS AND CHANGES SHALL BE IN WRITING BY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. 3.3.OWNER'S REPRESENTATIVE MAY IN HIS/HER DISCRETION ADD OR DELETE UNINSTALLED PLANT MATERIAL FROM PROJECT UTILIZING THE "UNIT BREAKDOWN" UNIT COSTS SUBMITTED. 4.CONTRACTOR(S) MUST OBTAIN SEPARATE LANDSCAPE, IRRIGATION & TREE RELOCATION/REMOVAL PERMITS FROM THE GOVERNING AGENCIES PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT FOR THE PROJECT. 5.LANDSCAPE CONTRACTOR MUST CALL THE LANDSCAPE INSPECTOR WITH THE GOVERNING AGENCY TO SCHEDULE A PRE CONSTRUCTION MEETING, ALONG WITH THE OWNER'S REPRESENTATIVE AND LANDSCAPE ARCHITECT PRIOR TO ANY SITE PREPARATION. 6.XERISCAPE LANDSCAPE PRINCIPLES SHALL BE APPLIED TO ALL SITES AS SPECIFIED IN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICTS "WATERWISE SOUTH FLORIDA LANDSCAPES" GUIDELINES. 7.LANDSCAPE CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT & GOVERNING AGENCIES OF ANY CHANGES IN MATERIAL FOR APPROVAL, PRIOR TO INSTALLATION. 8.LANDSCAPE CONTRACTOR SHALL REFER TO LANDSCAPE DETAILS FOR ADDITIONAL PLANTING REQUIREMENTS. 9.LANDSCAPE CONTRACTOR SHALL VERIFY ALL ESTIMATED QUANTITIES OF MATERIAL SHOWN ON THE DRAWINGS PRIOR TO SUBMITTING HIS BID. PLANTING PLAN IS TO TAKE PRECEDENCE OVER PLANT LIST/SCHEDULE. 10.ALL PLANT MATERIAL SHALL BE GUARANTEED FOR A PERIOD OF NOT LESS THAN 12 MONTHS AFTER DATE OF FINAL ACCEPTANCE (SEE WATERING NOTE). 11.THE LANDSCAPE ARCHITECT OF RECORD SHALL PROVIDE A CERTIFICATION LETTER TO THE GOVERNING AGENCY CERTIFYING THAT THE LANDSCAPING WAS INSTALLED ACCORDING TO THE PLAN(S) AND SPECIFICATION(S) BEFORE THE LANDSCAPE INSPECTOR MAKES THE FINAL INSPECTION FOR ALL NON-RESIDENTIAL AND PLANNED COMMUNITY RESIDENTIAL PROJECTS. 12.OWNER(S) OF THE LAND OR THEIR AGENTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPE, AFTER INSTALLATION. PLANT MATERIAL: 13.ALL PLANT MATERIAL SHALL BE MIN. GRADE OF FLORIDA NO. 1 & BE INSTALLED AS SPECIFIED IN "FLORIDA DEPT. OF AGRICULTURAL GRADES AND STANDARDS", CURRENT EDITION RESPECTIVELY. 14.LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ATTAINING PERMITS PRIOR TO INSTALLATION OF NEW PLANT MATERIAL. 15.ALL GUYING, STAKING & TREE BRACES SHALL BE THE RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR, REFER TO PLANTING DETAILS FOR APPROVED METHODS. LANDSCAPE CONTRACTOR SHALL RETURN 12 MONTHS AFTER COMPLETION OF JOB AND REMOVE ALL GUYS, STAKES & TREE BRACES. 16.ALL PLANT MATERIAL SYMBOLS SHOWN ON LANDSCAPE PLAN(S) SHALL BE CONSIDERED DIAGRAMMATIC AND SHOULD BE ADJUSTED IN THE FIELD BY CONTRACTOR TO AVOID UTILITY CONFLICTS AND OTHER OBSTRUCTIONS. WHERE SAID ADJUSTMENT CANNOT BE DONE WITHOUT SIGNIFICANT CHANGE TO THE PLANTING DESIGN CONTRACTOR SHALL CONTACT THE LANDSCAPE ARCHITECT AND/OR OWNER'S REPRESENTATIVE FOR APPROVAL, PRIOR TO INSTALLATION. 16.1.TREES SHALL BE PLACED A MINIMUM OF 6 FT. FROM UNDERGROUND UTILITIES AND ALL SHADE TREES INSTALLED WITHIN SIX FEET OF PUBLIC/PRIVATE INFRASTRUCTURE (INCLUDING CURBS, WALKS, PAVEMENT, ETC.) SHALL UTILIZE A ROOT BARRIER SYSTEM, AS APPROVED BY THE GOVERNING AGENCY. 16.2.ALL PLANT MATERIAL SHALL BE CLEAR (7-1/2 FT. IN FRONT & SIDES WITH 4 FT. IN REAR) AROUND ALL FIRE HYDRANTS, CHECK VALVES, FIRE DEPT. EQUIPMENT, ETC., OR AS REQUIRED. 16.3.SHADE TREES SHALL BE PLANTED MIN. OF 15 FT. FROM LIGHT POLES. ALL SMALL TREES AND PALMS TO BE PLANTED MIN. OF 7.5 FT. FROM LIGHT POLES, OR AS OTHERWISE SPECIFIED. 16.4.ALL SHADE TREES SHALL HAVE A 4 1/2' MIN. CLEAR TRUNK HEIGHT (UNLESS OTHERWISE SPECIFIED) AND CALIPER SHALL BE MEASURED AT D.B.H. AT TIME OF PLANTING. 16.5.NO TREES OR OTHER PLANT MATERIAL MAY BE PLANTED IN RIGHTS-OF-WAY (IE. SWALE AREAS) WITHOUT A PERMIT. NO SHRUB SPECIES WITH A MATURE HEIGHT THAT WILL BLOCK THE CLEAR SIGHT ZONE FROM 30 INCHES IN HEIGHT TO SIX FEET IN HEIGHT WILL BE APPROVED IN SAID SWALE AREAS. 17.ALL SIZES SHOWN FOR PLANT MATERIAL ON THE PLAN ARE TO BE CONSIDERED MINIMUM. ALL PLANT MATERIAL MUST MEET OR EXCEED THESE MINIMUM REQUIREMENTS FOR BOTH HEIGHT AND SPREAD. ANY OTHER REQUIREMENTS FOR SPECIFIC SHAPE OR EFFECT AS NOTED ON THE PLAN SHALL ALSO BE REQUIRED FOR ACCEPTANCE. ALL TREES ARE TO BE SINGLE TRUNK UNLESS OTHERWISE NOTED ON THE PLANS. 18.ALL SYNTHETIC BURLAP, SYNTHETIC STRING OR CORDS, OR WIRE BASKETS SHALL BE REMOVED BEFORE ANY TREES ARE PLANTED. ALL SYNTHETIC TAPE (I.E. TAGGING TAPE, NURSERY TAPE) SHALL BE REMOVED FROM TRUNKS, BRANCHES, ETC. BEFORE INSPECTION. THE TOP 1/3 OF ANY NATURAL BURLAP SHALL BE REMOVED OR TUCKED INTO THE PLANTING HOLE BEFORE THE TREES ARE BACK FILLED 13.SET TREES NO DEEPER THAN IT WAS IN ITS ORIGINAL GROWING WITH THE ROOT BALLS EVEN WITH, OR SLIGHTLY HIGHER (+/- 1") THAN THE FINISHED GRADE. 14.ALL "GROUNDCOVER REQUIRES 75% COVERAGE AND 100% WITHIN 3 MONTHS OF INSTALLATION". 16.PROPOSED UNDERSTORY PLANT MATERIAL SHALL NOT BE PLANTED ON TOP OF TREE OR PALM ROOT BALLS. 17.ALL PLANT MATERIAL SHALL BE FERTILIZED UPON INSTALLATION, SEE SPECIFICATIONS. MULCH: 18.A THREE (3") INCH MIN. DEPTH OF APPROVED ORGANIC MULCH MATERIAL (MEASURED AT THE TIME OF FINAL INSPECTION) SHALL BE INSTALLED IN ALL LANDSCAPED AREAS NOT COVERED BY PAVEMENT, SOD, DECORATIVE STONES, OR ANNUAL FLOWER BEDS. ADDITIONALLY, EACH TREE SHALL HAVE A RING OF ORGANIC MULCH AT THE PERIMETER OF THE ROOT BALL: 18.1.THE USE OF CYPRESS MULCH IS PROHIBITED, AS WELL AS ANY MULCH CONTAINING ARSENIC. 18.2.A MIN. MULCH WIDTH OF 18" BEYOND THE TRUNK OF ALL TREES, PALMS, HEDGES AND SHRUBS. 18.3.MULCH SHALL NOT BE PLACED CLOSER THAN 3" FROM THE TRUNK OF ALL TREES AND PALMS; THE MOUNDING OF MULCH IS NOT ACCEPTABLE. 18.4.MULCH SHALL BE USED IN CONJUNCTION WITH GROUND COVER IN ALL PLANTING BEDS (UNLESS SPECIFIED OTHERWISE). 18.5.DO NOT MULCH WITHIN DESIGNATED "PRESERVE AREAS" (UNLESS SPECIFIED OTHERWISE). LANDSCAPE/LAWN AREAS: 19.LANDSCAPE MATERIAL SHALL BE PLACED ON ALL AREAS NOT COVERED BY MAIN AND ACCESSORY STRUCTURES, WALKS AND VEHICULAR USE AREAS. LANDSCAPE MATERIAL SHALL EXTEND TO ANY ABUTTING STREET, PAVEMENT EDGE AND TO THE MEAN WATER LINE OF ANY ABUTTING CANAL, LAKE OR WATERWAY. 19.1.ALL AREAS DISTURBED DURING CONSTRUCTION SHALL BE SODDED WITH ST. AUGUSTINE 'FLORATAM', UNLESS OTHERWISE NOTED. 19.2.CONTRACTOR SHALL INCLUDE IN HIS BID ST. AUGUSTINE 'FLORATAM' SOD FOR ALL LANDSCAPE AREAS VOID OF ANY PLANT MATERIAL (ie. GROUND COVER, SHRUBS, SOD), NOT SPECIFIED IN PLANS, WITHIN THE LIMITS OF THE PROJECT. CONTRACTOR SHALL CONTACT LANDSCAPE ARCHITECT PRIOR TO BIDDING IN REFERENCE TO "PROJECT LIMITS". IRRIGATION: 20.LANDSCAPE CONTRACTOR TO PROVIDE AN AUTOMATIC LAWN IRRIGATION SYSTEM GUARANTEEING 100% COVERAGE & MAINTAIN A 50% MIN. OVERLAP TO ALL LANDSCAPED AREAS. THERE SHALL BE NO OVER SPRAY ONTO SIDEWALKS. IRRIGATION SYSTEM SHALL: 20.1.HAVE A RAIN SENSOR DEVICE INSTALLED, AS REQUIRED. 20.2.USE PURPLE CODED PIPE, HEADS, VALVES ETC. FOR IDENTIFYING RECLAIM WATER COMPONENTS, AS REQUIRED. 20.3.IRRIGATION PLAN SHALL BE PROVIDED PRIOR TO BUILDING PERMIT. WATERING NOTE: 21.ALL NEW PLANT MATERIAL SHALL HAVE AN ESTABLISHMENT PERIOD OF 12 MONTHS FROM THE TIME OF FINAL ACCEPTANCE. DURING THE ESTABLISHMENT PERIOD THE CONTRACTOR WILL BE RESPONSIBLE FOR THE FOLLOWING ITEMS: WATERING PER THE SCHEDULE ATTACHED(#23), RE-SETTING OF PLANTS, REPLACEMENT OF SICK OR DEAD PLANTS, ALL OTHER CARE REQUIRED FOR PROPER GROWTH. ANY PLANT MATERIAL NOT IN HEALTHY GROWING CONDITION SHALL BE REPLACED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE CLIENT. 21.1.THE 12 MONTH WARRANTEE/ESTABLISHMENT PERIOD SHALL BE EXTENDED BY 45 DAYS FOR ALL REPLACEMENT PLANT MATERIAL. 21.2.AT THE CLIENT'S EXPENSE, THE CONTRACTOR WILL REPLACE ANY PLANT MATERIAL DAMAGED AS A RESULT OF AUTOMOBILE ACCIDENTS OR "ACTS OF GOD" LIMITED TO HAIL, FREEZE, LIGHTNING, AND WINDS EXCEEDING 75 MPH AS DEFINED BY THE MIAMI HURRICANE CENTER. 22.WATERING CONTRACT SHALL BE INCLUDED IN CONTRACTORS BID FOR ANY PLANT MATERIAL THAT HAS BEEN ROOT PRUNED, INSTALLED, DISTURBED BY CONSTRUCTION, OR WHERE PROPOSED OR EXISTING IRRIGATION SYSTEMS ARE NOT FUNCTIONAL. ALL WARRANTIES SHALL BE IN PLACE BY CONTRACTOR REGARDLESS OF NON-OPERATIONAL IRRIGATION SYSTEMS OR AREAS WHERE NO IRRIGATION IS PROPOSED. 23.WATERING SCHEDULE (FIRST 6 MONTHS)*: WEEK(S)FREQUENCY (WATERING DAYS) 1 THRU 6 MON., WED., FRI., SAT. 7 THRU 12 MON., WED., FRI. 13 THRU 24 MON., FRI. *6 MONTH WATERING SCHEDULE IS A MINIMUM, CONTRACTOR IS RESPONSIBLE FOR WATERING PLANT MATERIAL FOR THE FULL 12 MONTH ESTABLISHMENT/WARRANTY PERIOD. PLANTING NOTES: BID SET ELEVATIONS ARE IN NAVD 1988 154 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVDBEGIN PROJECT LIMIT OF WORK STA. 9+80.71 N 785419.96 E 959891.73 STORMSEWERSTORMSEWER IRRIGATION MAINLINE TYP. (SEE GRAPHIC CLARITY NOTE) 1"1"114"114"112"112" 14 22.4112" 15 27.21" 1" 1" 1"114" 1" 1"1" 1"1"1"112" 1" 16 19.91" 2" 112"112" 3" SLV (M) 2" SLVS (W) SYMBOL MANUFACTURER/MODEL 4TY ARC PSI GPM RADIUS Rain Bird 1812-SAM-PRS 08H 4 180 30 0.52 8' Rain Bird 1812-SAM-PRS 10H 52 180 30 0.79 10' Rain Bird 1812-SAM-PRS 104 1 90 30 0.39 10' Rain Bird 1812-SAM-PRS 10T 1 120 30 0.53 10' Rain Bird 1812-SAM-PRS 12H 2 180 30 1.3 12' Rain Bird 1812-SAM-PRS 15H 165 180 30 1.85 15' Rain Bird 1812-SAM-PRS 15T 2 120 30 1.23 15' Rain Bird 1812-SAM-PRS 12V 24 Adj 30 2.38 12' Rain Bird 1800-1300AF Flood F 62 360 30 1.7 3' IRRIGATION SCHEDULE SYMBOL MANUFACTURER/MODEL/DESCRIPTION 4TY Irritrol 100P-Series 1"-2" Electric Remote Control Valve (size per plan), install in angle configXration. 16 Rain Bird 44-LRC 1" Brass 4XicN-CoXpling Valve, with Corrosion-Resistant Stainless Steel Spring, LocNing Thermoplastic RXbber Cover, and 2-Piece Body. 11 Irritrol 700-1.5 1-1/2" 1-1/2" Xltraflow electric valve, internal bleed flow control. 1 =Xrn 975;L installed in cage (GC-2) 1-1/2" RedXced PressXre BacNflow device, installed in a green Gorilla BacNflow Cage Model GC-2 on a new concrete pad, sized per ManXfactXrerCs recommendations. 1 Rain Bird ESP12L;MEF-L;MMSSPED w/ (1)ESPL;MSM12 24 Station, Traditionally-Wired , Flow sensing, Commercial Controller. (1) ESP12L;MEF 12-Station Controller with Flow Smart ModXle (ModXle InclXded) w/ (1) ESPL;MSM12 - 12-Station E[pansion ModXles. Install in L;MMSS-L;MMSSPED Stainless Steel, Cabinet w/ Pedestal on new concrete pad, see detail. 1 Rain Bird I44G-USA I4 NCC 4G CellXlar Cartridge Xpgrades ESP-L; Series controllers to I4 satellite, for commXnication with I4 central control. InclXde I4E;TANT4G e[ternal antenna for stainless steel cabinet/pedestal. Used for Direct or Server Satellite applications. 1 Rain Bird RSD-CE[ Rain Sensing Device, moXnt directly to cabinet. With threaded adapter, e[tension wire. 1 Rain Bird FS-150-P 1-1/2" Flow Sensor for Xse with Rain Bird Ma[icom, SiteControl, and ESP-L;D Central Control Systems. Plastic (PVC) Model. SXggested Operating Range of 5.0 GPM to 100.0 GPM. Sensors shoXld be sized for flow rather than pipe size. 1 Water Meter 1-1/2" NEW 1.5" WATER METER WITH 2" SERVICE LINE. 1 Irrigation Lateral Line: PVC Class 200 SDR 21 3,812 lf Irrigation Mainline: PVC SchedXle 40 1,648 lf Pipe Sleeve: 2" PVC SchedXle 40 Grey Sleeve for irrigation wire and/or for fXtXre Xse by City 320.9 lf Pipe Sleeve: 6" PVC SchedXle 40 Sleeve for irrigation mainline for fXtXre Xse by City. 322.0 lf C IQ R M Valve Number Valve Flow Valve Size Valve Callout # ##" IRRIGATION SCHEDULE (2) 2" SLVS (M / W / L / S) INSIDE DIAMETER OF SLEEVE PIPE SLEEVE ABBREVIATION: SLV = SINGLE SLEEVE SLVS = MULTIPLE SLEEVES CASED PIPE TYPE: M = MAIN LINE W = WIRES L = LATERAL LINE S = SPARE (EMPTY) QUANTITY OF SLEEVES Sleeve CalloXt NUMBER MODEL SI=E TYPE GPM DESIGN PSI PSI PSI # POC PRECIP 1 Irritrol 100P-Series 1-1/2"ShrXb Spray 46.45 30 36.4 58.2 1.74 in/h 2 Irritrol 100P-Series 1-1/2"ShrXb Spray 49.95 30 35.3 57.7 1.75 in/h 3 Irritrol 100P-Series 1-1/2"BXbbler 27.2 30 32.7 48.8 7.4 in/h 4 Irritrol 100P-Series 1"BXbbler 27.2 30 35.6 51.5 6.83 in/h 5 Irritrol 100P-Series 1-1/2"ShrXb Spray 52.5 30 36.4 57.4 1.79 in/h 6 Irritrol 100P-Series 1-1/2"ShrXb Spray 43.24 30 38.4 57.8 1.82 in/h 7 Irritrol 100P-Series 1"BXbbler 3.4 30 36.3 53.6 6.24 in/h 8 Irritrol 100P-Series 1-1/2"ShrXb Spray 35.87 30 35.3 59.0 1.81 in/h 9 Irritrol 100P-Series 1-1/2"ShrXb Spray 26.59 30 33.7 57 1.75 in/h 10 Irritrol 100P-Series 1-1/2"ShrXb Spray 25.9 30 32.9 57.3 1.69 in/h 11 Irritrol 100P-Series 1"BXbbler 20.4 30 34.5 57.6 7.05 in/h 12 Irritrol 100P-Series 1"ShrXb Spray 24.77 30 34.9 59.9 1.79 in/h 13 Irritrol 100P-Series 1"ShrXb Spray 27.31 30 35.4 61.4 1.84 in/h 14 Irritrol 100P-Series 1-1/2"ShrXb Spray 22.37 30 33.4 57.6 1.55 in/h 15 Irritrol 100P-Series 1"BXbbler 27.2 30 37.1 63.8 6.63 in/h 16 Irritrol 100P-Series 1"ShrXb Spray 19.88 30 34.8 58.7 1.52 in/h VALVE SCHEDULE IRRIGATION PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-IRRIGATION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:09:32 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN IR1MATCH LINE STA. 14+50SEE SHEET IR2 FOR CONTINUATIONGRAPHIC CLARITY NOTE:: IRRIGATION PLANS ARE SCHEMATIC, PIPES SHALL BE INSTALLED PER IRRIGATION HEAD LAYOUT DETAIL, AND TYPICAL IRRIGATION TRENCH DETAIL. PIPES SHOWN IN PAVED AREAS ARE FOR PURPOSES OF GRAPHIC CLARITY. ALL PIPES AND VALVES ARE TO BE INSTALLED WITHIN LANDSCAPE MEDIANS, UNLESS SLEEVED UNDER PAVED ROADWAYS. BID SET ELEVATIONS ARE IN NAVD 1988 155 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD IRRIGATION MAINLINE TYP. (SEE GRAPHIC CLARITY NOTE) 1" 1" 114" 2" 2" 1" 1" 9 26.6112 13 27.31 112" 114" 1" 12 24.81 1" 1" 1" 1"114" 112" 1" 1" 1" 1"112" 1" 1" 1"1"114"1" 112" 1" 8 35.9112 10 25.9112 11 20.41 3" SLV (M) 2" SLVS (W) 3" SLV (M) 2" SLVS (W) ,55,*$7,213/$166(367+$9(.675((76&$3(,03529(0(176 6($&5(67%/9'.72)(&5$,/52$' %2<1721%($&+'(/5$<%($&+)/25,'$ 1212'$7(5(9,6,21 %<5(9,6,21'$7(%< 6&$/( 352-(&71R 6+((7 '$7( )LOH1DPH 3 ?3URMHFWV?2020?204088%R\QWRQ%HDFK6(36WK$YH6WUHHWVFDSH,PSURYHPHQWV?&$'')LOHV?'UDZLQJV?204088/,55,*$7,21.GZJ 3ORWWHGE\ 0DUFRV0HQGR]DRQ0RQGD\6HSWHPEHU22202511 02 17$0 0,&+$(/&211(567$7(2))/25,'$5(*,67(5('/$1'6&$3($5&+,7(&7 /,&(16(12.1181. 7+,6,7(0+$6%((1',*,7$//<6,*1('$1'6($/('%<0,&+$(/&211(55./.$. 217+('$7(,1',&$7('+(5(. 35,17('&23,(62)7+,6'2&80(17$5(127&216,'(5('6,*1('$1'6($/(' $1'7+(6,*1$785(0867%(9(5,),('21$1<(/(&7521,&&23,(6. 5 K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G ,W VIDVW.,W VIUHH.,W VWKHODZ. www.callsunshine.com 09222025 204088 $66+2:1 ,520$7&+/,1(67$.19506((6+((7,53)25&217,18$7,210$7&+/,1(67$.14506((6+((7,51)25&217,18$7,21*5$3+,&&/$5,7<127( ,55,*$7,213/$16$5(6&+(0$7,&3,3(66+$//%(,167$//('3(5 ,55,*$7,21+($'/$<287'(7$,/$1'7<3,&$/,55,*$7,2175(1&+ '(7$,/.3,3(66+2:1,13$9('$5($6$5()25385326(62) *5$3+,&&/$5,7<.$//3,3(6$1'9$/9(6$5(72%(,167$//(' :,7+,1/$1'6&$3(0(',$1681/(666/((9('81'(53$9(' 52$':$<6. %,'6(7 (/(9$7,216$5(,11$9'1988 156 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD M EXISTING IRRIGAITON PUMP & WELL TO BE REMOVED (SEE IRRIGATION NOTES) CR IQ IRRIGATION CONTROLLER (SEE IRRIGATION NOTES) IRRIGATION MAINLINE TYP. (SEE GRAPHIC CLARITY NOTE) 1"1" 1" 114" 114" 114" 114" 2"2" 1"1" 114"114" 112" 1"1"3 4" 1" 1" 4 27.2 5 52.52 6 43.22 1" 114"1" 1"1" 1" 114" 114" 114"112" 112" 112" 2" 112"212" 3 4" 7 3.4 212" 212" 2" 4" SLV (M) 2" SLVS (W) ,55,*$7,213/$166(367+$9(.675((76&$3(,03529(0(176 6($&5(67%/9'.72)(&5$,/52$' %2<1721%($&+'(/5$<%($&+)/25,'$ 1212'$7(5(9,6,21 %<5(9,6,21'$7(%< 6&$/( 352-(&71R 6+((7 '$7( )LOH1DPH 3 ?3URMHFWV?22?24%R\QWRQ%HDFK6(36WK$YH6WUHHWVFDSH,PSURYHPHQWV?&$'')LOHV?'UDZLQJV?24/,55,*$7,21.GZJ 3ORWWHGE\ 0DUFRV0HQGR]DRQ0RQGD\6HSWHPEHU22225 22 3$0 0,&+$(/&211(567$7(2))/25,'$5(*,67(5('/$1'6&$3($5&+,7(&7 /,&(16(12.. 7+,6,7(0+$6%((1',*,7$//<6,*1('$1'6($/('%<0,&+$(/&211(55./.$. 217+('$7(,1',&$7('+(5(. 35,17('&23,(62)7+,6'2&80(17$5(127&216,'(5('6,*1('$1'6($/(' $1'7+(6,*1$785(0867%(9(5,),('21$1<(/(&7521,&&23,(6. 5 K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G ,W VIDVW.,W VIUHH.,W VWKHODZ. www.callsunshine.com 22225 24 $66+2:1 ,530$7&+/,1(67$.2456((6+((7,54)25&217,18$7,210$7&+/,1(67$. 56((6+((7,52)25&217,18$7,21*5$3+,&&/$5,7<127( ,55,*$7,213/$16$5(6&+(0$7,&3,3(66+$//%(,167$//('3(5 ,55,*$7,21+($'/$<287'(7$,/$1'7<3,&$/,55,*$7,2175(1&+ '(7$,/.3,3(66+2:1,13$9('$5($6$5()25385326(62) *5$3+,&&/$5,7<.$//3,3(6$1'9$/9(6$5(72%(,167$//(' :,7+,1/$1'6&$3(0(',$1681/(666/((9('81'(53$9(' 52$':$<6. ,55,*$7,21127(6 .(;,67,1*,55,*$7,213803$1'9$8/76+$//%(5(029('. (;,67,1*(/(&75,&$/6(59,&( 5$&.6+$//5(0$,16(( (/(&75,&$/3/$16. 2.1(:&21752//(56+$//%(,167$//('211(:&21&5(7(3$'. $1(:39&&21'8,76+$//%(,167$//('72(;,67,1*6(59,&( 3$1(/.&2175$&725 6(/(&75,&,$16+$//02',)<(;,67,1* %5($.(56$1'6(59,&(723529,'(2Y2D6(59,&()251(: &21752//(56(((/(&75,&$/3/$16 3.&2175$&7256+$//3/8*$1'$%$1'21(;,67,1*:(//$6 5(48,5('%<6287+)/25,'$:$7(50$1$*(0(17',675,&7 $1'%<7+()/25,'$'(3$570(172)+($/7+.&2175$&725 6+$//,1&/8'($//3(50,76)((60$7(5,$/6$1'/$%25$6 3$572)+,6%,'. %,'6(7 (/(9$7,216$5(,11$9' 157 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADEND PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 IRRIGATION MAINLINE TYP. (SEE GRAPHIC CLARITY NOTE) 1" 1" 1"114"1" 112" 2" 114"212" 1"2" 1"1"1"114" 2" 114" 112"112" 1 46.5112" 2 50.0112" 3 27.2112" 212"114"1" 112" 114"1"1" 112"212" 2" SLV (L) 2" SLVS (W) IRRIGATION PLANSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-IRRIGATION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:25:00 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN IR4MATCH LINE STA. 24+50SEE SHEET IR3 FOR CONTINUATIONGRAPHIC CLARITY NOTE:: IRRIGATION PLANS ARE SCHEMATIC, PIPES SHALL BE INSTALLED PER IRRIGATION HEAD LAYOUT DETAIL, AND TYPICAL IRRIGATION TRENCH DETAIL. PIPES SHOWN IN PAVED AREAS ARE FOR PURPOSES OF GRAPHIC CLARITY. ALL PIPES AND VALVES ARE TO BE INSTALLED WITHIN LANDSCAPE MEDIANS, UNLESS SLEEVED UNDER PAVED ROADWAYS. BID SET ELEVATIONS ARE IN NAVD 1988 158 IRRIGATION NOTESSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-IRRIGATION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:09:10 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN IR5 IRRIGATION NOTES & SPECIFICATIONS The system has been designed to conform with the requirements of all applicable codes. Should any conflict exist, the requirements of the codes shall prevail. It is the responsibility of the owner/installation contractor to insure the entire system is installed according to all applicable laws, rules, regulations and conventions. Irrigation contractor responsible for obtaining all required permits according to federal, state and local laws. The scope of work is shown on the plans, notes and details. The Irrigation Contractor shall be certified as a CERTIFIED IRRIGATION CONTRACTOR by the Irrigation Association. The certification shall be current and in good standing. THE WORK The work specified in this section consists of furnishing all components necessary for the installation, testing, and delivery of a complete, fully functional automatic landscape irrigation system that completely complies with the irrigation plans, specifications, notes, details and all applicable laws, regulations, codes and ordinances. This work shall include, but not be limited to, the providing of all required material (pipe, valves, fittings, controllers, wire, primer, glue, etc.), layout, protection to the public, excavation, assembly, installation, back filling, compacting, repair of road surfaces, controller and low voltage feeds to valves, cleanup, maintenance, guarantee and as-built plans. All irrigated areas shall provide 100% head-to-head coverage from a fully automatic irrigation system with a rain sensor. The rain sensor shall be installed to prevent activation of rain sensor by adjacent heads. All watering procedures shall conform to local codes, as well as this project's regional Water Management District restrictions and regulations. Zones are prioritized first by public safety and then by hydraulic concerns. This sequencing will be a mandatory punch list item. These plans have been designed to satisfy/exceed the Florida Building Code (FBC) Appendix F and the Florida Irrigation Society Standards and Specifications for Turf and Landscape Irrigation Systems, fourth edition. Contractor shall verify all underground utilities 72 hours prior to commencement of work. It is the responsibility of the irrigation contractor to familiarize themselves with all grade differences, location of walls, retaining walls, structures and utilities. Do not willfully install the sprinkler system as shown on the drawings when it is obvious in the field that unknown obstruction, grade differences or differences in the area dimensions exist that might not have been considered in the engineering. Such obstructions, or differences, should be brought to the attention of the owner' authorized representative. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary. Irrigation contractor shall repair or replace all items damaged by their work. Irrigation contractor shall coordinate their work with other contractors for the location and installation of pipe sleeves and laterals through walls, under roadways and paving, etc. The contractor shall take immediate steps to repair, replace, or restore all services to any utilities which are disrupted due to their operations. All costs involved in disruption of service and repairs due to negligence on the part of the contractor shall be their responsibility. MODIFICATION TO EXISTING SYSTEMS Irrigation Contractor shall verify where existing systems exist along Right-of-Way swales. These systems (if present) are owned and maintained by the owner of the property adjacent said system. Contractor shall coordinate with City Representative to establish communication with property owner to determine operation, location and limits of existing irrigation within Right-of-Way. Contractor shall prepare a sketch of existing system, indicating the existing 'source' pipe and it's size, valve, and number of sprays (and there model/type information). Prior to excavation in the area contractor shall cut & cap the system at the 'source' pipe leading into the Right-of-Way from the homeowner's property. Contractor shall take care not to damage any of the existing system within the homeowners property, any damage shall be repaired at contractor's expense, with no additional cost to City or Property Owner. Areas where existing irrigation is found (as described above) shall have new irrigation installed with the same make of sprays and nozzle types. New sprays shall be installed appropriately per these details to provide head to head coverage within curbed swale areas. Non-curbed swale areas shall only have sprays along side of walk spraying onto swale with head to head coverage and 100% coverage of the area. Contractor shall connect these new heads to existing 'source' pipe that was capped prior to excavation. Note, new lateral pipe below sidewalk shall be sleeved using PVC SCH40 pipe as per sleeving detail. POINT OF CONNECTION (P.O.C.) The P.O.C. is a new 1-1/2" water meter with 2" service line. A minimum of 62 PSI at 55 GPM downstream of meter is required for system to operate properly. A new Backflow with a protective cage shall be installed, as per the irrigation schedule. Contractor shall perform all water main taps as per the City of Boynton Beach engineering department requirements and shall include all permit fees and pavement restoration in bid. Contractor shall verify these minimum conditions can be met prior to the beginning of installation. If the conditions can not be met, the contractor must notify the designer prior to proceeding with the work. If the contractor does not do so, the contractor proceeds at their own risk and becomes responsible for any future work required to make the system perform as required. THE PIPE Pipe locations shown on the plan are schematic and shall be adjusted in the field. When laying out mainlines place a maximum of 18" away from either the back of curb, front of walk, back of walk, or other hardscape to allow for ease in locating and protection from physical damage. Install all lateral pipe near edges of pavement or against buildings whenever possible to allow space for plant root balls. Always install piping inside project properties boundary. All pipes are to always be placed in planting beds. If it is necessary to have piping under hardscapes, such as roads, walks, and patios, the pipes must be sleeved using Sch 40 PVC with the sleeve diameter being two sizes larger than the size of the pipe it is carrying with a minimum sleeve size of 2". Piping Size: The size of all main and lateral piping (indicated in inside diameters) shall be as indicated on the plan. If the diameter of the pipe is not indicated on the plan, the pipe shall be sized per plan. Any modifications due to unforeseen circumstances shall be sized not to exceed a velocity of 5' (feet) per second. Mainline shall be PVC SCH 40 Pressure Pipe with belled end, sized as indicated on plan. Fittings shall be schedule 40 PVC (slip) fittings. Fittings with male thread and nipples shall all be Schedule 80 PVC. Zone lines shall be Class 200 pipe and Schedule 40 fittings. NO MALE ADAPTERS WILL BE USED. NO PIPE SMALLER THAN 3/4” SHALL BE USED ON ZONE LINES. Contractor to ensure all mainline piping is properly restrained using restraining collars, threaded rods, thrust blocks, etc., as and where required. Contractor shall follow pipe manufacturers recommended installation practices for further direction. All taps on main lines and laterals shall be made with tees. All non-thread type joints shall socket type, designated for solvent-cement, all fittings and pipe shall be treated with a high etch purple PVC cement/primer and only medium bodied gray cement shall be used. (ABSOLUTELY NO CLEAR OR BLUE CEMENT ALLOWED). Solvent cement shall meet ANSI/ASTM D2564. ELECTRICAL POWER SUPPLY Electrical supply for the controllers to be provided by Contractor. Contractor to coordinate with local utilities for the installation of, and connection to, site available power supply's for required electrical components as set forth in the irrigation plans. All electrical to comply with the National Electrical Code and any, and all, other applicable electrical codes, laws and regulations. A licensed electrician shall perform all electrical hook-ups. Power for the controller shall be 120 volt, 20 amp. Irrigation controller shall be installed in a new stainless steel pedestal set on a new concrete pad near electrical rack, irrigation contractor shall coordinate with electrical contractor for placement and installation of all necessary conduits. See electrical plans for additional information. WIRING Irrigation control wire shall be thermoplastic solid copper, single conductor, low voltage irrigation controller wire; suitable for direct burial and continuous operation at rated voltages. At all valve boxes coil wire around a 3/4" piece of PVC pipe to make a coil using 30 linear inches of wire. Make electrical connections with 3M-DBY,DBR connectors. Number all wires, using an electrical book of numbers, according to the plans. Number wires in all valve boxes, junction boxes and at the controller. Wire sized, numbered and colored as follows: #14 white for common #14 spare black common #14 red for hot wires #14 spare blue hot wire #14 yellow for sensors Spare wires Run spare wires into every RCV valve box. Install a minimum of 2 common spares and 4 hot spare wires, in all directions, to every RCV connected to its respective controller. Controller grounding - Contractor shall ground controller, manufacturer's recommendations. Contractor to verify that the earth to ground resistance does not exceed 10 ohms. Contractor shall provide a written certification, on a licensed electrical contractors letter head, showing the date of the test, controller location, and test results. LAYOUT Lay out irrigation system mainlines and lateral lines. Make the necessary adjustments as required to take into account all site obstructions and limitations prior to excavating trenches. Stake all sprinkler head locations. Adjust location and make the necessary modifications to nozzle types, etc. required to insure 100% head to head coverage. Refer to the Edge of Pavement Detail on the Irrigation Detail Sheet. Spray heads shall be installed 4" from sidewalks or curbed roadways and 12" from uncurbed roadways and building foundations. Rotors shall be installed 4" from sidewalks or curbed roadways, 12" from building foundations, and 36" from uncurbed roadways. Shrub heads shall be installed on 3/4" Sch 40 PVC risers. The risers shall be set at a minimum of 18" off sidewalks, roadway curbing, building foundations, and/or any other hardscaped areas. Shrub heads shall be installed to a standard height of 4" below maintained height of plants and shall be installed a minimum of 6" within planted masses to be less visible and offer protection. Paint all shrub risers with flat black or forest green paint, unless irrigation system will be installed from a reuse water system with purple PVC risers. Locate valves prior to excavation. Insure that their location provides for easy access and that there is no interference with physical structures, plants, trees, poles, etc. Valve boxes must be placed a minimum of 12" and a maximum of 15" from the edge of pavement, curbs, etc. and the top of the box must be 2" above finish grade. No valve boxes shall be installed in turf areas without approval by the irrigation designer - only in shrub beds. Never install in sport field areas. VALVES Sequence all valves so that the farthest valve from the P.O.C. operates first and the closest to the P.O.C. operates last. The closest valve to the P.O.C. should be the last valve in the programmed sequence. Adjust the flow control on each RCV to ensure shut off in 10 seconds after deactivation by the irrigation controller. EQUIPMENT All pop-up heads and shrub risers shall be pressure compensating. All pop-up heads shall be mounted on flex-type swing joints. All sprinkler equipment not otherwise detailed or specified shall be installed as per manufacturer's recommendations and specifications of the sprinklers being provided, and according to local and state laws. TRENCHING Excavate straight and vertical trenches with smooth, flat or sloping bottoms. Trench width and depth should be sufficient to allow for the proper vertical and horizontal separation between piping as shown in the pipe installation detail on the detail sheet. Protect existing landscaped areas. Remove and replant any damaged plant material upon job completion. The replacement material shall be of the same genus and species, and of the size of the material it is replacing. The final determination as to what needs to be replaced and the acceptability of the replacement material shall be solely up to the owner or owner's representative. INSTALLATION Cut all pipe square and deburr. Clean pipe and fittings of foreign material; then apply a small amount of primer while ensuring that any excess is wiped off immediately. Primer should not puddle or drip from pipe or fittings. Next apply a thin coat of PVC cement; first apply a thin layer to the pipe, next a thin layer inside the fitting, and finally another very thin layer on the pipe. Insert the pipe into the fitting. Insure that the pipe is inserted to the bottom of the fitting, then turn the pipe a 1/4 turn and hold for 10 seconds. Make sure that the pipe doesn't recede from the fitting. If the pipe isn't at the bottom of the fitting upon completion, the glue joint is unacceptable and must be discarded. Pipes must cure a minimum of 30 minutes prior to handling and placing into trenches. A longer curing time may be required; refer to the manufacturer's specifications. The pipe must cure a minimum of 24 hours prior to filling with water. BACK FILL The Back fill 4" below and 6" above all piping shall be of clean sand and anything beyond that in the trench can be of native material but nothing larger than 2" in diameter. Contractor shall backfill all piping, both mainline and laterals, prior to performing any pressure tests. The pipe shall be backfilled with the exception of 2' on each side of every joint (bell fittings, 90's, tees, 45's, etc.). These joints shall not be backfilled until all piping has satisfactorily passed its appropriate pressure test as outlined below. FLUSHING Prior to the placement of heads, flush all lines for a minimum of 10 minutes or until lines are completely clean of debris, whichever is longer. Use screens in heads and adjust heads for proper coverage avoiding excess water on walls, walks and paving TESTING Remove all remote control valves and cap using a threaded cap. Fill mainline with water and pressurize the system to 125 PSI. Monitor the system pressure at two gauge locations; the gauge locations must be at opposite ends of the mainline. With the same respective pressures, monitor the gauges for two hours. There can be no loss in pressure at either gauge for solvent-welded pipe. This procedure must be followed until the mainline passes the test. The lateral lines must be filled and visually checked for leaks. Any leaks detected must be repaired. No pressure test of the lateral lines is required. Once the mainline and lateral lines have passed their respective tests, and the system is completely operational, a coverage test and demonstration of the system is required. The irrigation contractor must demonstrate to the owner, or his/her representative that proper coverage is obtained and that the system works automatically from the controller. This demonstration requires that each zone is turned on, in the proper sequence as shown on the plans, from the controller. Each zone will be inspected for proper coverage and function. The determination of proper coverage and function is at the sole discretion of the owner or owner's representative. Operational Testing - Upon completion of back filling, finish grading and contouring, test the entire system for proper operation; including electrically actuating the remote control valves. Run each zone until water begins to puddle or run off. This will allow you to determine the number of irrigation start times necessary to meet the weekly evapotranspiration requirements of the planting material in each zone. In sandy soils no puddling will occur, instead; calculate the required run times. SUBMITTALS The contractor must submit for approval, prior to installation, copies of the manufacturer's cut sheets/specifications for all components to be used in the irrigation system. After project completion, and as a condition of final acceptance, the irrigation contractor shall provide the owner with a high quality, accurate, and legible set of as-built drawings. The as-builts must identify all remote control valves, gate valves, ball valves, splice boxes, controllers, mainline, sleeving, and low voltage wiring. The irrigation contractor must also provide accurate, informative, and easy to follow and understand operation and maintenance manuals for all components of the irrigation system. Controller charts - Upon completion of "as-built" prepare controller charts; one per controller. Indicate on each chart the area controlled by a remote control valve (using a different color for each zone). This chart shall be reduced to a size that will fit inside of the controller door. The reduction shall be hermetically sealed inside two 2ml pieces of clear plastic. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. Include tools to service these products. 1. Sprinkler Units: Five of each unit for each type and size installed, but no fewer than two units. 2. Emitter Units: Five of each unit for each type and size installed, but no fewer than two units. FINAL ACCEPTANCE Final acceptance of the irrigation system will be given after the following documents and conditions have been completed and approved. Final payment will not be released until these conditions are satisfied. 1. Final walk-thru and correction of all punch list items. 2. Completion and acceptance of `as-built' drawings. 3. Acceptance of required controller charts and placement inside of controllers. 4. Turn over of all required parts and tools as outlined in the project specifications. GUARANTEE: The irrigation systems shall be guaranteed for a minimum of one calendar year from the time of final acceptance. BID SET ELEVATIONS ARE IN NAVD 1988 159 IRRIGATION DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-IRRIGATION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:14:27 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN IR6 IRRIGATION HEAD LAYOUT DETAIL NTS6" MIN.18" MIN.6" MIN.24" MIN.ROADWAY WITH CURBINGBUILDING OR WALL SIDEWALK OR PAVEMENT (NON-VEHICULAR) LAYOUT FOR SHRUB SPRAY HEADS ON RISERS BUILDING OR WALL LAYOUT FOR LAWN SPRAYS ROADWAY WITH CURBINGROADWAY WITH NO CURBING 36" MIN.12" MIN.4" MIN.SIDEWALK OR PAVEMENT (NON-VEHICULAR)4" MIN.12" MIN.3 4 5 2 1 2 6 1 1 9 5 7 8 6 4 SPRAY HEAD: SHRUB SPRAY, POP-UP OR ROTOR ON RISER (SEE PLANS & SCHEDULE FOR TYPE) 1 SPRAY HEAD SHALL BE PLACED A MINIMUM OF 6" WITHIN SHRUB MASS2 TYPICAL SHRUB3 BACK OF CURB, SIDEWALK, OR EDGE OF PAVEMENT (NON-VEHICULAR)4 OUTSIDE EDGE OF WALL5 EDGE OF PAVEMENT (VEHICULAR USE)6 ROTORS SHALL BE INSTALLED 36" FROM EDGE OF PAVEMENT WHEN ROADWAY HAS NO CURB. 7 TURF SPRAY SHALL BE INSTALLED 12" FROM EDGE OF PAVEMENT WHEN ROADWAY HAS NO CURB. 8 EDGE OF WALK OR NON-VEHICULAR USE PAVEMENT9 3284-01 3284-01 3284-02 3284-02 12" MIN.1 RAIN SHUT-OFF DEVICE (RSD-CEX) NTS TO CONTROLLER 1 2 8"12" 4 5 8'-0" MIN.3 6 7 1 3/4" PVC SCH40 UVR 90° ELL (SLIP X FIPT) PAINTED BLACK 2 3/4" PVC SCH 40 UVR PIPE, SOLVENT WELD TO FITTINGS, PAINTED BLACK (CENTERED IN CONC. BASE) 3 12" X 12" X 8" DEEP MINIMUM, CONCRETE BASE (SLOPE TOP OF CONC. AWAY FROM POLE BASE - 1%) 4 FINISH GRADE5 3/4" PVC SCH40 LONG SWEEP ELL (SLIP X SLIP)6 3/4" PVC SCH 40 WIRE CONDUIT7 RAIN SHUT-OFF DEVICE: RAINBIRD RSD-CEx POLE MOUNTED RAIN SENSOR **NOTE: CONTRACTOR SHALL FIELD MEASURE LOCATION OF SENSOR TO CONTROLLER PRIOR TO INSTALLING, IN ORDER TO ACCOUNT FOR ELEVATION CHANGES AND THAT THE TOTAL LENGTH OF WIRE RUN DOES NOT EXCEED THE MANUFACTURER'S PROVIDED SENSOR WIRE (TYPICALLY 25'). REFER TO KEYNOTES SCHEDULE FOR MANUFACTURER CONTACT:0080-10 3283-30 6 CODE .EYNOTES 0080-10 RAIN BIRD CORPORATION 6991 EAST SOUTHPOINT RD. TUCSON, A= 85756 1-800-724-6247 FA; (520) 741-6100 WWW.RAINBIRD.COM CODE 32 E;TERIOR IMPROVEMENTS 3282-10 DEPTH OF COVER (D.O.C.) REFERS TO THE MINIMUM DEPTH PIPES SHALL BE PLACED BELOW FINISHED GRADE OR PAVED SURFACES. REFER TO TRENCH DETAIL FOR MIN. D.O.C. SCHEDULE. 3282-15 FINAL BAC.FILL FOR TRENCHES SHALL BE COMPACTED AS FOLLOWS: (A) AREAS UNDER NEW PAVEMENT (WAL.S, ROADS, CURBS OR PADS), OR WITHIN 2C (FEET) OF THE EDGE OF PAVEMENT SHALL BE COMPACTED AND RESTORED AS PER THE CIVIL DRAWINGS AND SPECIFICATIONS. IF THE CIVIL DRAWINGS AND SPECIFICATIONS DO NOT SPECIFY COMPACTION A MINIMUM OF 95 OR GREATER OF MA;IMUM DRY DENSITY STANDARD PROCTOR COMPACTION SHALL BE RE4UIRED. (B) LANDSCAPE AREAS SHALL BE COMPACTED BETWEEN 85 AND 90 OF MA;IMUM DRY DENSITY STANDARD PROCTOR, OR AS SPECIFIED IN THE CPLANTING SOILC SPECIFICATIONS. (C) THERE SHALL BE NO TRENCHES THROUGH E;ISTING PAVED SURFACES. 3282-20 SLEEVE BELOW ALL HARDSCAPE ELEMENTS (PAVED SURFACES, ROADWAYS, WAL.S, CONCRETE PADS, PAVERS, COMPACTED ROAD ROC., ETC.), OR AS SHOWN ON PLAN WITH SCH40 PVC FOR SLEEVES UPTO 6´ I.D. OR PR160 PIPE FOR SLEEVES GREATER THAN 8´ I.D. THE SLEEVE DIAMETER SHALL BE A MINIMUM OF TWO PIPE SI=ES LARGER THAN THE DIAMETER OF THE PIPE OR THE WIRE BUNDLE TRAVELING WITHIN IT. DIRECT BURIAL WIRE SHALL BE SLEEVED SEPERATELY FORM MAINLINE BELOW HARDSCAPE. NO SLEEVE SI=E SHALL LESS THAN 2 INSIDE DIAMETER. THE DEPTH OF COVER (D.O.C.) FOR THE SLEEVE SHALL BE BASED ON THE ³MINIMUM DEPTH OF COVER SCHEDULE´ LOCATED IN THE IRRIGATION TRENCH DETAIL. DETERMINE D.O.C. FOR THE SLEEVE BASED ON THE SLEEVE PIPE SI=E (I.D.), DO NOT USE THE DIAMETER OF PIPE TRAVELING INSIDE OF IT. ALL ROADWAY CROSSINGS IN E;ISTING PAVEMENT SHALL BE OPEN TRENCHED, PRIOR TO LAYING NEW ASPHALT, CURBING ROADWAY DAMAGED OR CUT WHILE SLEEVING SHALL BE REPAIRED OR REPLACED WITH E4UIVALENT MATERIALS AND FINISHES TO MATCH E;ISTING. ALL SLEEVES SHALL BE SEALED WITH PIPE JOINT CEMENT AND A PVC SCH. 40 SLEEVE CAP, IF NOT USED PRIOR TO COVERING. IMMEDIATELY MAR. SLEEVE LOCATIONS, WITH A µSLEEVE MAR.ER¶ BY PLACING A 2´ PVC SCH 40 PIPE (LENGTH E4UAL TO THE DEPTH OF COVER) VERTICALLY OVER SLEEVE END CAP WITH A YELLOW RAINBIRD 6300 PVC END CAP (TOP OF CAP 1´ ABOVE FINISH GRADE CEMENTED TO VERTICAL PVC PIPE). 3282-21 ALL IRRIGATION SLEEVES WITHIN PUBLIC RIGHT-OF-WAYS SHALL BE INSTALLED AS PER FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) DESIGN STANDARDS INDE; NO. 17721-CONDUIT INSTALLATION DETAILS. 3283-30 Rain ShXt Off Device/Sensor: Contractor shall not install rain sensor below tree canopy, roof overhang/eaves, or anywhere affected by sprinNlers or other debris. Contractor shall contact Irrigation Designer or Landscape Architect if sXch a location is not within manXfactXrer¶s ma[imXm specified distance to controller. 3284-01 ShrXb sprays rotors installed on above groXnd risers (or where spray heads remain above groXnd when not in Xse) shall maintain the following clearances: 24 from edge of roadway 18 from sidewalN 12 from bXildings or walls as well as maintain a minimXm of 6 cover within plant mass. 3284-02 Lawn sprays rotors shall be installed, in sXch a way as to be flXsh with the grade when not in Xse shall maintain the following clearances: 12 min. from XncXrbed roadways or other vehicXlar Xse areas (e[cept for rotors which shall be 48´ from edge of pavement) 4 from cXrbed roadways, measXred from bacN of cXrb 4 from sidewalNs, 12 from bXildings and walls. MIN. SEPARATION TYPICAL SLEEVE IN VEHICULAR USE AREA (NON-PUBLIC R.O.W.) NEW CONSTRUCTION* 2 1 618"36"8 536"3 7 A A A-A TYPICAL SLEEVE SECTION36"6" 4 2 NOTE: SEE KEYNOTE: FOR INSTALLATION OF IRRIGATION PIPE WITHIN PUBLIC RIGHT-OF-WAYS. *NOTE: SLEEVES WITHIN EXISTING ROADWAYS OR PAVEMENT SHALL BE INSTALLED BY DIRECTIONAL BORE AND SHALL NOT BE CUT & PATCHED. 3282-10 3282-21 IRRIGATION ROADWAY SLEEVE NTS FINISH GRADE1 IRRIGATION PIPE (MAINLINE, LATERAL, OR WIRE CONDUIT), MAINTAIN A MINIMUM OF 6" (HORIZONTAL) SEPARATION BETWEEN SLEEVES. 2 PAVED VEHICULAR USE AREA (IE. ROADS, PARKING, DRIVE WAYS)3 SECTION VIEW OF SLEEVES, MAINTAIN A MINIMUM OF 6" (HORIZONTAL) SEPARATION BETWEEN ALL SLEEVES. 4 SLEEVES BELOW VEHICULAR USE AREAS SHALL HAVE A MINIMUM DEPTH OF COVER OF 36". 5 BACK OF CURB6 UTILITY PIPE CONFLICT, IRRIGATION SLEEVES SHALL BE INSTALLED WITH THE MINIMUM PIPE SEPARATIONS AS PER THE FLORIDA BUILDING CODE, AND ALL LOCAL APPLICABLE CODES/ORDINANCES. CONTRACTOR SHALL VERIFY ALL UTILITIES WITH THE GOVERNING AGENCIES PRIOR TO COMMENCING WORK. 7 SLEEVE MARKER, 1" ABOVE FINISH GRADE (2" VERT. PVC PIPE, W/ YELLOW CAP), SHALL BE USED WHEN COVERING EMPTY OR SPARE SLEEVES. 8 3TYPICAL IRRIGATION TRENCH DETAIL NTSD.O.C. FOR LATERALS (SEE TABLE)D.O.C. FOR MAINLINE4"4"1 4 7 3282-20 3282-21REFER TO KEYNOTES SCHEDULE FOR MANUFACTURER CONTACT: 5 4"4" 1.D.O.C. = DEPTH OF COVER, REFER TO TABLE BELOW 2.ALL DIMENSIONS SHOWN ARE MINIMUM REQUIREMENTS. 3.ALL PIPE & WIRE BENEATH PAVED SURFACES MUST BE SLEEVED. 4.'D' = PIPE SAND BEDDING AND/OR INITIAL BACKFILL COVER. 3282-15 PIPE SIZE (I.D.)D.O.C. 3 4" TO 1 12" TO 2 12" 18"1 14" MINIMUM DEPTH OF COVER FOR LATERALS PIPE SIZE (I.D.)D.O.C. 24"12" TO 21 MINIMUM DEPTH OF COVER FOR MAINLINE 12" 2 4"4"8 3 96 6 IRRIGATION MAIN LINE, SIZE PER PLAN1 IDENTIFICATION TAPE: APPROVED DETECTABLE PIPE LOCATOR TAPE SHALL BE INSTALLED DIRECTLY ABOVE IRRIGATION WATER MAIN. TAPE SHALL NOT BE DEEPER THAN 12" BELOW FINISHED GRADE WITH A MINIMUM OF 6" ABOVE WATER MAIN. CONTRACTOR SHALL CONTACT OWNER/OWNER'S REPRESENTATIVE FOR APPROVAL. 2 LOW VOLTAGE CONTROLLER WIRE IN CONDUIT (SCH 40 GREY PVC U.L. APPROVED), SOLVENT WELD JOINTS, SEE IRRIGATION NOTES & SPECIFICATIONS FOR SIZE. (MIN. 18" D.O.C.) 3 SALVAGED EXCAVATED FILL COMPACTED TO ORIGINAL DENSITY, WITH ALL SHARP OBJECTS, ROCKS, STONES OF 3/4" DIAMETER OR GREATER REMOVED PRIOR TO BACK FILLING (TYP.) 4 BOTTOM OF TRENCH5 INITIAL BACKFILL & BEDDING TO BE CLEAN, COARSE SAND PLACED IN LIFTS AND MECHANICALLY COMPACTED TO 95% MAXIMUM DRY DENSITY STANDARD PROCTOR WITH A MINIMUM OF 4" BEDDING AND 4" COVER. 6 RIGATION LATERAL, SIZE PER PLAN7 MAINTAIN A MINIMUM OF 4" (INCHES) HORIZONTAL SEPARATION BETWEEN PIPES. 8 MAINTAIN A MINIMUM OF 4" (INCHES) VERTICAL SEPARATION BETWEEN PIPES. 9 10 FINISH GRADE10 12" 2 MASTER VALVE AND FLOW SENSOR DETAIL NTS18" MIN.18" MIN.12" MIN. 1 12"23 4 5 FROM SOURCE TO CONTROL VALVES 6 7 8 9 10 11 12 1314 15 15 16 17 18 18 DEPTH OF COVERPER TRENCH DETAILNORMALLY CLOSED MASTER VALVE, PER SCHEDULE1 FLOW SENSOR, PER SCHEDULE2 CONTROL WIRES WITH 30" MIN. SERVICE COIL AND WATERPROOF WIRE SPLICE CONNECTORS IN CONDUIT 3 WIRE SPLICES, EXTEND 30" MIN. SERVICE COIL AND WATERPROOF WIRE SPLICE CONNECTORS IN CONDUIT 4 SENSOR WIRES WITH 30" MIN. SERVICE COIL AND WATERPROOF WIRE SPLICE CONNECTORS IN CONDUIT 5 WIRE CONDUIT6 PVC SCHEDULE 80 NIPPLE (2" LENGTH) TYP.7 PVC SCH40 FEMALE ADAPTER (SxF) TYP.8 CARSON L1419 VALVE BOX, TYP.9 CARSON L1419 EXTENSION BOX WITH LOCKING LID, TYP. 10 FINISH GRADE11 PVC MAINLINE FROM SOURCE12 WIRE CONDUIT WITH LONG SWEPT ELLS INTO EACH VALVE BOX, TYP. 13 12" GRAVEL SUMP WITH FILTER FABRIC, SEE VALVE BOX DETAIL 14 PVC MAINLINE, SAME SIZE AS FLOW SENSOR, MIN. 18" STRAIGHT LENGTH UPSTREAM OF FLOW METER AND 12" MIN. DOWNSTREAM OF SENSOR. 15 PVC SCH40 CONCENTRIC REDUCER16 PVC MAINLINE, SIZE PER PLAN17 PVC SCH40 45° ELL18 5 BID SET ELEVATIONS ARE IN NAVD 1988 CONTROLLER IN STAINLESS STEEL PEDESTAL NTS 1 2 3 5 20"12"6 7 9 NOTES: 1.REFER TO IRRIGATION SCHEDULE FOR CONTROLLER MODEL NUMBER & MODULE QUANTITY & TYPES. 2.PROVIDE AUTOMATIC RAIN SHUT-OFF SENSOR, AS PER IRRIGATION SCHEDULE & DETAILS. 3.FOR EASE OF INSTALLATION INTO A CONTROLLER WITH MORE THAN 24 STATIONS, INSTALL A JUNCTION BOX AT THE BASE OF CONTROLLER AND TRANSITION LARGER VALVE AND COMMON WIRES FROM FIELD TO 18 AWG MULTI CONDUCTOR WIRE TO BE USED IN CONTROLLER. 4.PROVIDE PROPER GROUNDING COMPONENTS TO ACHIEVE GROUND RESISTANCE OF 10 OHMS OR LESS. 5.OWNER IS RESPONSIBLE FOR PROVIDING CELLULAR SERVICE CAPABLE OF INTERFACING WITH NCC GPRS CARTRIDGE. INSTALL CONTROLLER IN A LOCATION TO MAXIMIZE ANTENNA RECEPTION. CONDUCT A SURVEY OF THE SITE TO ASSURE A VIABLE AND CONSISTENT CELLULAR CONNECTION BEFORE INSTALLING CONTROLLER. 8 4 IRRIGATION CONTROLLER PER SCHEDULE, INSTALLED IN LXMSS METAL CABINET. INSTALL PER MANUFACTURER'S SPECIFICATIONS. 1 LXMMSSPED METAL PEDESTAL MOUNT TO CONCRETE PAD, PER MANUFACTURER'S RECOMMENDATIONS. 2 CONCRETE PAD: 20" WIDE X 12" X12" DEEP, REFER TO MAUFACTURER'S TEMPLATE FOR CONDUIT LOCATIONS AND MOUNTING BOLTS. 3 RAIN BIRD IQEXTANT4G GPRS/CELLULAR EXTERNAL ANTENNA 4 FINISH GRADE5 PVC SCH40 UL RATED CONDUIT FOR 110V POWER SUPPLY. USE ONLY LONG SWEEP ELLS. 6 3" SCH40 PVC CONDUIT FOR VALVE WIRES AND FLOW SENSOR WIRES. USE ONLY LONG SWEEP ELLS. 7 3/4" PVC SCH40 CONDUIT FOR POLE MOUNTED RAIN SENSOR. USE ONLY LONG SWEEP ELLS. 8 COMPACTED SUBGRADE9 4 .EYNOTE SCHEDULE 160 IRRIGATION DETAILSSE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE:File Name: P:\Projects\2020\204088 Boynton Beach SE 36th Ave Streetscape Improvements\CADD Files\Drawings\204088-L-IRRIGATION.dwg - (Plotted by: Marcos Mendoza on Monday, September 22, 2025 11:14:27 AM)MICHAEL CONNER, STATE OF FLORIDA REGISTERED LANDSCAPE ARCHITECT, LICENSE NO. 1181. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY MICHAEL CONNER, R.L.A. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R K N O W W H A T 'S B E L O W A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN IR712"1 3 4 5 2 6 7 NOTE: ALL IRRIGATION VALVE BOXES SHALL BE NO SMALLER THAN 15" X 19" X 18" (LxWxD), AND INCLUDE THERE LID & LOCKING MECHANISM. IRRIGATION VALVE BOX DETAIL 1" = 1'-0" FINISH GRADE1 IRRIGATION VALVE BOX (TYPICAL) SHALL BE INSTALLED LEVEL WITH SURROUNDING GRADE 2 INSTALL TOP OF VALVE BOX FLUSH WITH FINISHED GRADE. 3 GEOTEXTILE FILTER FABRIC, WRAPPED AROUND GRAVEL SUMP AND PERIMETER OF VALVE BOX. FABRIC SHALL EXTEND A MINIMUM OF MIDWAY UP SIDES OF VALVE BOX. 4 12" DEEP, #4 GRAVEL SUMP (1" - 2-1/2" SIZE GRAVEL) 5 SALVAGED EXCAVATED FILL COMPACTED TO ORIGINAL DENSITY, WITH ALL SHARP OBJECTS, ROCKS, STONES OF 1-1/2" DIAMETER OR GREATER REMOVED PRIOR TO BACK FILLING (TYP.) 6 UNDISTURBED EARTH7 2 QUICK CONNECT DETAIL NTS2"12 3 4 5 6 7 89 10 VALVE BOX & COVER (CARSON 0910-10)1 FINISH GRADE2 PVC SCH 80 SERVICE TEE OR ELL3 PVC SCH 80 NIPPLE (LENGTH AS REQUIRED), DO NOT INSTALL MALE ADAPTERS. 4 PVC SCH 40 ELL5 FILTER FABRIC EXTEND ABOVE CONC.6 3/4" GRAVEL WRAPPED IN FILTER FABRIC, MIN. 12" DEEP7 PVC SCH 40 - 1" DRAIN PIPES, FLUSH WITH TOP OF CONCRETE (MIN. 2 PER BOX) 8 POURED CONCRETE MIN. 4" DEPTH. SLOPE CONCRETE SURFACE AWAY FROM VALVE AND TOWARDS DRAIN PIPES. 9 QUICK-COUPLING VALVE (PER SCHEDULE). ON 2 PIECE MODEL INSTALL UPPIER PIECE OVER CONCRETE TO ALLOW FOR SERVICING UPON CONCRETE CURING. 10 REFER TO KEYNOTES SCHEDULE FOR MANUFACTURER CONTACT:0080-10 3 12" POP-UP DETAIL NTSD.O.C.FLEXIBLE PIPE SWING JOINT 3 10 9 8 7 2 1 4 6 5 10" MAX.POP-UP SPRAY BODY (SEE PLANS & SCHEDULE FOR TYPE) 1 1/2" HIGH DENSITY POLYETHYLENE (MARLEX) STREET ELL 2 LATERAL PIPE3 FINISH GRADE4 SPRAY NOZZLE (PER PLAN & SCHEDULE) 5 GROUND COVER, IF SHRUBS/G.C. ARE TALLER THAN 10", INSTALL PER DETAIL 12" POP-UP ON RISER. 6 1/2" POLYETHYLENE ('FUNNY PIPE') FLEXIBLE PIPE MIN. 80 PSI (MAX. LENGTH 18") 7 BARB ELL X MIPT8 1/2" MIPT x FPB ELBOW AND, IF NECESSARY, 1/2" MARLEX STREET ELL TO PROPERLY SET FLEXIBLE PIPE & SPRAY HEAD 9 SCH 40 LATERAL TEE (SST) OR ELL (ST), INSTALL THREAD SIDE UP 10 4 ADJUSTABLE FLOOD BUBBLER NTS 8 7 1 2 34 6 5 9 10 BUBBLER NOZZLE, PER PLAN & SCHEDULE. 1 1/2" HIGH DENSITY POLYETHYLENE (MARLEX) STREET ELL 2 1/2" HIGH DENSITY POLYETHYLENE (MARLEX) MIPT x FPB (FUNNY PIPE BARB) ELBOW 3 1/2" POLYETHYLENE ('FUNNY PIPE') FLEXIBLE PIPE MIN. 80 PSI (MAX. LENGTH 5 FEET) 4 LATERAL PIPE5 TEE (SST) OR ELL (ST), INSTALL THREAD SIDE UP 6 BUBBLER WATERING UMBRELLA (APPROXIMATE) 7 TREE OR PALM8 MULCH OR GROUNDCOVER 9 FINISH GRADE (TYPICAL)10 5 CODE .EYNOTES 0080-10 RAIN BIRD CORPORATION 6991 EAST SOUTHPOINT RD. TUCSON, A= 85756 1-800-724-6247 FA; (520) 741-6100 WWW.RAINBIRD.COM .EYNOTE SCHEDULE ANGLE REMOTE CONTROL VALVE DETAIL NTS2"2 1 3 5 6 4 9 7 12 10 11 13 D.O.C.8 2 IR7VALVE BOX & COVER, SEE TYPICAL VALVE BOX DETAIL1 FINISH GRADE2 ANGLE REMOTE CONTROL VALVE (SIZE PER PLAN, SEE SCHEDULE FOR MAKE/MODEL) 3 CONTROL WIRES WITH 30" MIN. SERVICE COIL AND WATERPROOF WIRE SPLICE CONNECTORS IN CONDUIT 4 PVC SCHEDULE 80 NIPPLE (2" LENGTH) TYP.5 PVC SCH 80 UNION (TxS)6 PVC SCH 80 NIPPLE, LENGTH AS REQUIRED7 SERVICE TEE OR ELBOW TO MAINLINE8 OUTLET PIPE, SAME SIZE AS VALVE, 24" MIN. TO FIRST FITTING9 45° ELBOW TYP.10 PVC LATERAL LENGH AS REQUIRED TO REACH LATERAL DEPTH OF COVER 11 INCREASE LATERAL LINE AS PER IRRIGATION PLANS12 DRAIN ROCK 12" MIN. DEPTH13 1 BID SET ELEVATIONS ARE IN NAVD 1988 161 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.7 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 1.0 1.3 1.3 0.6 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.1 1.3 1.3 0.8 0.4 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.2 1.5 1.4 0.8 0.4 0.3 0.3 0.3 0.3 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.6 1.0 0.9 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.9 1.1 0.7 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.4 0.5 0.5 0.5 0.4 0.4 0.6 0.9 1.0 0.9 0.6 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.3 0.3 0.3 0.3 0.4 0.7 1.1 1.3 1.1 0.7 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.2 0.2 0.2 0.2 0.3 0.3 0.7 1.3 1.3 1.3 0.7 0.3 0.1 0.0 0.0 0.0 0.1 0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.3 0.6 1.1 1.3 1.1 0.6 0.2 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.5 1.1 1.3 1.1 0.5 0.2 0.1 0.0 0.0 0.0 0.0 0.1 0.1 99+00100+0010+00 11+00 12+00 13+00 14+00 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.3 0.8 0.8 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.5 1.0 0.7 0.4 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.5 0.8 0.6 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.4 0.4 0.4 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.4 0.7 0.4 0.5 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.9 1.1 0.6 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.4 0.8 0.9 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.2 0.4 0.5 0.6 0.7 0.6 0.6 0.6 0.4 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.4 0.9 1.2 1.2 0.1 0.3 0.6 1.0 1.0 0.8 0.6 0.5 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.4 1.0 1.4 1.4 1.1 0.4 0.2 0.1 0.0 0.0 0.0 0.1 0.2 0.5 0.8 1.0 0.7 0.5 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.4 0.9 1.2 1.3 0.9 0.4 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.7 1.2 1.3 0.7 0.3 0.1 0.0 0.0 0.0 0.0 15+00 16+00 17+00 18+00 19+00 OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD Luminaire Schedule Symbol Tag Qty Description Arm Lum. Watts Total Watts Exist. GE 70W HPS 6 GE 70W HPS 6 95 570 Exist. GE 200W HPS 4 GE 200W HPS 12 244 976 Exist. CREE RSWS-3ME-5L-30K7 3 CREE # RSWS-B-HT-3ME-5L-30K7 CONFIGURED 6 42 126 Calculation Summary Label CalcType Units Avg Min Avg/Min LVRatio East Bound - Delray Beach Illuminance Fc 0.30 0.0 N.A.N.A. East Bound Gulfstream Blvd_Veil_Veiling Luminance Cd/Sq.m N.A.N.A.N.A.0.63 North Sidewalk - Boynton Beach Illuminance Fc 0.36 0.0 N.A.N.A. South Sidewalk - Delray Beach Illuminance Fc 0.18 0.0 N.A.N.A. West Bound - Boynton Beach Illuminance Fc 0.73 0.0 N.A.N.A. West Bound Gulfstream Blvd_Veil Veiling Luminance Cd/Sq.m N.A.N.A.N.A.0.00 EXISTING PHOTOMETRIC CONDITIONS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN PH1MATCH LINE STA. 14+50SEE BELOW FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET PH2 FOR CONTINUATIONMATCH LINE STA. 14+50SEE ABOVE FOR CONTINUATIONKEY MAP PH1 PH2SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYFEC RAILROADPLAN NOTES 162 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.6 1.0 0.8 0.5 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.5 0.8 0.8 0.6 0.3 0.2 0.1 0.1 0.0 0.0 0.1 0.1 0.2 0.4 0.7 0.9 0.9 0.6 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.6 1.1 1.1 0.7 0.3 0.2 0.2 0.2 0.1 0.2 0.2 0.2 0.2 0.0 0.0 0.1 0.2 0.3 0.4 0.4 0.6 0.5 0.5 0.4 0.2 0.2 0.1 0.0 0.0 0.0 0.1 0.2 0.2 0.4 0.6 0.7 0.7 0.6 0.5 0.3 0.3 0.2 0.2 0.2 0.2 0.2 0.3 0.4 0.5 0.5 0.4 0.5 0.5 0.5 0.4 0.3 0.3 0.3 0.3 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.3 0.6 1.1 1.5 1.6 1.1 0.0 0.0 0.0 0.1 0.1 0.3 0.4 0.7 0.4 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.4 0.7 0.4 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.2 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 0.2 0.2 0.4 0.7 1.0 1.7 3.1 3.2 3.2 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.6 0.8 1.7 3.9 4.3 4.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.4 0.6 1.4 3.0 4.0 4.4 20+00 21+00 22+00 23+00 24+00SE 2nd CT.SE 36th AVE GULFSTREAM BLVD Exist. GE 200W HPS MH: 25 0.2 0.2 0.3 0.4 0.7 1.1 1.2 0.8 0.4 0.3 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.4 0.8 1.0 0.8 0.5 0.3 0.2 0.2 0.2 0.3 0.4 0.4 0.6 0.9 1.0 1.1 0.9 0.6 0.4 0.4 0.3 0.3 0.2 0.2 0.3 0.3 0.4 0.6 1.0 1.2 1.2 0.7 0.4 0.3 0.3 0.2 0.4 0.6 0.6 0.8 0.8 0.8 0.9 0.7 0.7 0.6 0.6 0.5 0.4 0.4 0.4 0.4 0.5 0.5 0.7 0.9 1.1 1.0 0.8 0.6 0.5 0.4 0.3 0.7 0.8 0.8 1.0 0.9 0.9 0.9 0.8 0.6 0.4 1.1 0.7 0.3 0.2 0.2 0.3 0.6 1.1 1.6 1.8 1.3 0.8 0.4 0.3 0.4 0.5 1.1 1.8 2.0 1.6 1.0 0.5 0.4 0.4 0.9 1.4 1.8 2.8 0.1 0.1 0.2 0.3 0.5 0.8 0.5 0.4 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.4 0.5 0.8 0.4 2.7 1.4 1.1 0.9 1.0 1.2 1.7 2.6 2.7 2.7 2.5 1.5 1.2 1.1 1.2 1.5 2.1 2.1 2.2 2.2 1.8 1.4 1.5 1.4 1.9 1.9 2.0 2.9 1.3 0.9 0.7 0.8 1.1 1.7 3.6 4.0 4.2 3.1 1.5 1.1 1.0 1.2 1.6 2.8 3.4 3.4 3.3 1.9 1.4 1.5 1.4 2.3 3.4 3.0 2.2 1.0 0.6 0.5 0.6 0.8 1.6 3.3 4.6 5.1 2.8 1.3 0.9 0.8 1.0 1.4 3.0 5.0 4.6 3.8 1.8 1.2 1.2 1.2 2.3 5.0 4.1 2.3 4.2 4.0 2.8 1.5 0.8 0.8 0.8 1.9 3.9 25+00 26+00 27+00 28+00 29+00 70+00 SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADEXISTING PHOTOMETRIC CONDITIONS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN PH2MATCH LINE STA. 24+50SEE BELOWFOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET PH1 FOR CONTINUATIONMATCH LINE STA. 24+50SEE ABOVE FOR CONTINUATIONPH1 PH2 SE 36th AVE GULFSTREAM BLVD PLAN NOTES KEY MAP SEACREST BLVD.OLD DIXIE HWYFEC RAILROAD163 SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD STORMSEWERSTORMSEWER BEGIN PROJECT LIMIT OF WORK STA. 10+15.51 N 785420.38 E 959926.54 99+00100+0010+00 11+00 12+00 13+00 14+00 10+58 37.45' RT. SEACREST BLVD. STA. 99+45.99 = SE 36TH AVENUE STA. 9+99.63 CITY OF DELRAY BEACH CITY OF BOYNTON BEACH FPL4(N) MH: 25 FPL4(N) MH: 25 FPL3(N) MH: 25 FPL2(R) MH: 25 FPL4(N) MH: 25 1.8 1.9 2.0 1.5 1.0 0.8 0.7 0.8 1.0 1.0 1.0 0.9 0.8 0.6 0.4 0.4 0.3 0.3 0.3 0.3 0.4 2.3 2.4 2.2 1.5 1.0 0.9 0.9 0.9 1.1 1.1 1.1 1.0 0.8 0.6 0.5 0.5 0.5 0.5 0.4 0.4 0.5 0.6 0.7 0.9 0.9 0.8 0.6 0.6 0.10.10.10.10.10.10.10.10.10.10.20.30.30.50.60.60.50.40.30.20.20.10.10.20.20.30.40.40.60.70.70.60.60.50.40.40.40.30.3 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.10.10.10.10.10.10.10.10.10.10.10.10.1 0.40.60.70.70.70.70.70.70.50.40.30.20.10.10.10.10.10.10.20.20.30.50.60.70.70.80.70.60.50.40.30.30.40.50.60.91.41.72.12.02.01.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 1.4 1.6 1.5 1.3 1.0 1.1 1.1 1.2 1.2 1.1 0.9 0.8 0.7 0.6 0.6 0.7 0.8 0.9 1.0 1.0 1.1 1.0 1.0 1.1 1.1 1.2 1.1 1.0 0.8 0.6 0.5 0.5 0.6 0.7 0.8 0.9 0.8 0.7 0.5 0.4 0.4 0.4 0.4 0.4 0.4 0.5 0.7 0.7 0.7 0.8 0.9 1.0 1.0 0.9 0.9 0.9 0.7 0.5 0.4 0.4 0.5 0.8 0.8 0.8 0.7 0.7 0.5 0.3 0.3 0.2 0.3 0.3 0.3 0.4 0.8 0.6 0.4 0.3 0.3 0.5 0.7 14+02 37.48' RT. 1 2 19 20 21 STORMSEWER OCEANVIEW AVE.SE 2nd ST.SE 1st ST.SE 36th AVE GULFSTREAM BLVD 15+00 16+00 17+00 18+00 19+00 PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS CITY OF DELRAY BEACH CITY OF DELRAY BEACH CITY OF BOYNTON BEACHCITY OF BOYNTON BEACH FPL2(R) MH: 25 FPL4(N) MH: 25 FPL4(N) MH: 25 FPL4(N) MH: 25 FPL2(R) MH: 25 FPL4(N) MH: 25 0.5 0.5 0.5 0.6 0.8 1.0 1.0 1.1 0.9 0.8 0.6 0.5 0.4 0.4 0.4 0.4 0.6 0.8 0.8 0.9 0.8 0.7 0.5 0.4 0.4 0.3 0.3 0.3 0.3 0.5 0.6 0.6 0.8 0.9 1.1 1.1 1.1 1.0 0.8 0.7 0.6 0.5 0.5 0.5 0.5 0.6 0.8 0.8 0.9 0.8 0.7 0.6 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.5 0.5 0.70.70.70.60.50.40.30.30.40.50.60.60.60.50.50.30.20.20.10.10.10.10.10.10.20.20.30.50.60.70.70.70.60.50.40.30.20.20.20.30.30.50.50.70.70.70.50.40.30.2 0.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.10.10.10.10.10.10.10.10.10.10.10.10.10.10.20.20.30.50.60.70.80.70.80.70.60.40.30.20.10.10.10.10.20.20.30.40.60.70.80.70.70.60.50.40.30.20.20.20.20.30.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.6 0.8 1.0 0.4 0.6 0.8 0.9 1.0 1.0 0.9 0.7 0.6 0.6 0.7 0.8 0.9 1.0 0.8 0.7 0.5 0.5 0.4 0.4 0.4 0.5 0.5 0.7 0.8 0.9 0.9 0.8 0.6 0.6 0.7 0.8 0.9 0.9 0.8 0.8 0.7 0.5 0.4 0.3 0.3 0.3 0.4 0.5 0.7 0.8 0.8 0.8 0.8 0.7 0.6 0.7 0.8 0.9 0.9 16+43 36.57' LT. 19+35 36.53' LT. 17+37 37.50' RT. 3 4 5 6 17 18 Luminaire Schedule Symbol Label Qty Description Arm Lum. Watts Total Watts FPL1(R)2 8 FPL2(R)9 8 FPL3(N)1 8 FPL4(N)9 8 ROADWAY # ARCH-M-PA2-90-740-U-T3-HSS ROADWAY # ARCH-N-PA1-40-740-U-T3-HSS ROADWAY # ARCH-M-PA2-90-740-U-T3-HSS ROADWAY # ARCH-N-PA1-40-740-U-T3-HSS 93 186 42 378 93 93 42 378 Calculation Summary Label CalcType Units Avg Min Avg/Min LVRatio East Bound - Delray Beach Illuminance Fc East Bound Gulfstream Blvd_Veil_Veiling Luminance Cd/Sq.m North Sidewalk Illuminance Fc North Spillage 10 ft Illuminance Fc South Sidewalk Illuminance Fc South Spillage 10 ft Illuminance Fc West Bound - Boynton Beach Illuminance Fc West Bound Gulfstream Blvd_Veil Veiling Luminance Cd/Sq.m 0.8 N.A.3.75 N.A. N.A.N.A.N.A.0.16 0.5 N.A.4.60 N.A. N.A.0.0 N.A.N.A. 0.5 N.A.4.50 N.A. N.A.0.0 N.A.N.A. 0.8 N.A.3.95 N.A. N.A.N.A.N.A.0.38 PROPOSED PHOTOMETRIC PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN PH3MATCH LINE STA. 14+50SEE BELOW FOR CONTINUATIONKEY MAP MATCH LINE STA. 19+50SEE SHEET PH4 FOR CONTINUATIONMATCH LINE STA. 14+50SEE ABOVE FOR CONTINUATIONPH3 PH4 PLAN NOTES SCOPE OF WORKSEACREST BLVD.SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYFEC RAILROADLUMINAIRE SCHEDULE NOTE 164 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD 20+00 21+00 22+00 23+00 24+00 PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACHCITY OF BOYNTON BEACH FPL4(N) MH: 25 FPL1(R) MH: 25 FPL4(N) MH: 25 FPL2(R) MH: 25 FPL2(R) MH: 25 0.4 0.4 0.4 0.6 0.9 1.5 1.9 1.8 1.8 2.0 1.4 0.9 0.7 0.5 0.4 0.3 0.3 0.3 0.4 0.6 0.8 0.9 0.9 0.8 0.8 0.6 0.3 0.2 0.5 0.5 0.5 0.6 0.8 1.4 2.2 2.5 2.4 2.1 1.5 1.1 0.8 0.6 0.5 0.4 0.4 0.5 0.6 0.7 0.9 1.0 1.1 1.0 0.8 0.5 0.3 0.2 0.2 0.2 0.3 0.3 0.3 0.4 0.70.70.70.60.60.40.30.20.10.10.10.10.10.10.20.20.30.40.60.70.80.70.70.70.60.40.40.40.50.70.70.90.90.90.90.70.60.50.40.40.30.30.30.30.30.30.40.50.60.6 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.10.1 0.10.10.10.10.10.10.10.10.10.10.20.20.40.50.60.70.70.70.60.50.40.30.20.10.10.10.10.10.10.10.20.30.30.50.71.01.51.72.12.01.91.51.10.70.40.30.20.20.10.10.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 0.6 0.6 0.6 0.9 0.8 0.7 0.6 0.6 0.7 1.0 1.2 1.3 1.4 1.4 1.3 1.3 1.0 0.8 0.6 0.6 0.7 0.9 1.1 1.1 1.0 0.8 0.7 0.5 0.4 0.3 0.2 0.2 0.3 0.6 0.7 0.9 0.8 0.9 0.6 0.6 0.7 0.8 0.9 0.9 0.9 0.7 0.5 0.4 0.3 0.2 0.2 0.2 0.4 0.6 0.7 0.9 0.8 36.53' LT. 21+26 37.59' LT. 7 8 9 15 16 STORMSEWER SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYWEBB AVEFEC RAILROADJAMESTOWNLANE25+00 26+00 27+00 28+00 29+00 69+0070+0071+00END PROJECT LIMIT OF WORK STA. 28+45.52 N 785442.43 E 961756.41 FEC RAILROAD STA. 70+00.00 = SE 36TH AVENUE STA. 28+99.11 PROJECT LIMITS PROJECT LIMITS PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH FPL2(R) MH: 25 FPL2(R) MH: 25 FPL2(R) MH: 25 FPL2(R) MH: 25 FPL1(R) MH: 25 0.3 0.6 0.7 0.8 0.6 0.4 0.3 0.3 0.8 0.9 1.0 0.8 0.6 0.5 0.5 0.4 0.5 0.6 0.8 1.0 1.0 0.9 0.8 0.6 0.4 0.3 0.2 0.2 0.2 0.2 0.4 0.6 0.9 1.0 1.0 1.0 1.1 0.9 0.8 0.7 0.7 0.5 0.6 0.8 1.0 1.1 1.1 0.9 0.7 0.5 0.4 0.3 0.2 0.2 0.3 0.5 0.7 1.0 1.1 1.3 1.2 1.1 1.0 0.9 1.0 1.0 2.1 1.91.91.41.10.70.50.80.80.80.70.70.50.40.20.20.20.20.30.50.60.70.70.80.70.70.50.40.30.20.20.20.20.30.50.6 0.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.30.20.10.10.10.10.10.10.10.10.10.10.20.30.40.60.70.80.70.70.60.50.30.20.20.10.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.6 0.5 0.6 0.7 0.8 0.7 0.6 0.5 0.5 0.5 0.7 0.9 1.0 1.1 1.0 0.7 0.5 0.3 0.3 0.4 0.6 0.9 1.1 1.3 1.2 1.1 1.0 1.0 1.2 1.8 2.3 2.5 0.3 0.3 0.4 0.6 0.8 1.1 1.2 1.1 1.0 0.9 0.9 1.2 1.8 1.9 2.1 1.0 0.9 0.8 0.9 1.2 1.9 1.7 1.5 0.7 0.7 0.8 1.1 1.8 2.1 0.51011 12 13 14 PROPOSED PHOTOMETRIC PLANS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN PH4MATCH LINE STA. 24+50SEE BELOW FOR CONTINUATIONMATCH LINE STA. 19+50SEE SHEET PH4 FOR CONTINUATIONPH3 PH4 MATCH LINE STA. 24+50SEE ABOVE FOR CONTINUATIONSEE SHEET E1 FOR DETAILS PLAN NOTES SE 36th AVE GULFSTREAM BLVD KEY MAP SEACREST BLVD.OLD DIXIE HWYFEC RAILROADSCOPE OF WORK 165 GENERAL NOTES: PHOTOMETRIC DETAILS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN PH5 LUMINAIRE MOUNTING ARRANGEMENT DETAIL SCALE: N.T.S. FPL POLE ARM BRACKET DETAIL SCALE: N.T.S. FPL LUMINAIRES DETAILS SCALE: N.T.S. FPL POLE DETAIL SCALE: N.T.S. NOTES: 166 SE 2nd CT.SE 36th AVE GULFSTREAM BLVD 22+00 23+00 PROJECT LIMITS CITY OF DELRAY BEACH CITY OF BOYNTON BEACH PARTIAL ELECTRICAL SITE PLAN, NOTES AND DETAILS BID SET ELEVATIONS ARE IN NAVD 1988 SE 36TH AVE. STREETSCAPE IMPROVEMENTS SEACREST BLVD. TO FEC RAILROAD BOYNTON BEACH/DELRAY BEACH, FLORIDA NONODATEREVISIONBY REVISIONDATE BY SCALE PROJECT No SHEET DATE: JORGE R. CERVANTES, STATE OF FLORIDA, PROFESSIONAL ENGINEER, LICENSE NO. 45832. THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY JORGE R. CERVANTES, P.E. ON THE DATE INDICATED HERE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. R KNOW WHAT'S BELOW A L W A Y S C A L L 8 1 1 B E F O R E Y O U D I G It's fast. It's free. It's the law. www.callsunshine.com 09/22/2025 204088 AS SHOWN E1 E1 KEY MAP SEACREST BLVD.SE 36th AVE GULFSTREAM BLVD OLD DIXIE HWYFEC RAILROADELECTRICAL SYMBOL LEGEND CABLE TO GROUND ROD DETAIL SCALE: N.T.S. ® ABBREVIATIONS PLAN NOTES PULL BOX DETAIL SCALE: N.T.S. ELECTRICAL TRENCH DETAIL SCALE: N.T.S. SCOPE OF WORK: ELECTRICAL RISER DIAGRAM SCALE: N.T.S. PLAN GENERAL ELECTRICAL NOTES 167 ENGINEER'S OPINION OF PROBABLE COST WORKSHEET DATE 10/3/2025 PROJECT TITLE CGA PROJECT NO. SE 36th Ave. Streetscape and Utility Improvements 20-4088 LOCATION SE 36th Avenue/Gulfstream Blvd. OWNER Boynton Beach, Florida ESTIMATED BY CMA/MM CHECKED BY NWK APPROVED BY ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTALS 1.01 General Conditions LS 1.00 $300,801.56 $300,801.56 1.02 Mobilization and Demobilization LS 1.00 $150,400.78 $150,400.78 1.03 Testing, Survey, and Record Drawings LS 1.00 $80,000.00 $80,000.00 1.04 Utility Designating and Exploratory Excavations LS 1.00 $25,000.00 $25,000.00 1.05 Maintenance of Traffic LS 1.00 $120,320.62 $120,320.62 1.06 Stormwater Pollution Prevention LS 1.00 $10,000.00 $10,000.00 1.07 Permitting and Miscellaneous Work Allowance AL 1.00 $230,000.00 $230,000.00 $916,522.95 2.01 Clearing and Grubbing LS 1.00 $30,000.00 $30,000.00 2.02 Removal of Existing Concrete SY 2,155.00 $25.00 $53,875.00 2.03 Regular Excavation (Widening, Reduction of Travel Lanes, Swales and Median Only)CY 2,700.00 $30.00 $81,000.00 2.04 Embankment (Widening, Reduction of Travel Lanes, Swales and Median Only)CY 582.00 $40.00 $23,280.00 2.05 Swale Reconstruction (Excludes Excavation and Backfill)SY 2,436.00 $20.00 $48,720.00 2.06 Stabilized Shoulder (2" Sod with 6" Stabilized Subgrade, Includes Excavation and Backfill)SY 462.00 $20.00 $9,240.00 2.07 8", Type B-12.5 (Base Group 13) (Widening, Full Depth Reconstruction For Travel Lanes Only)SY 1,446.00 $60.00 $86,760.00 2.08 12" Stabilized Subgrade (Widening, Full Depth Reconstruction For Travel Lanes Only)SY 1,446.00 $15.00 $21,690.00 2.09 Mill Existing Asphalt Pavement - City ROW (1.5" Average Depth)SY 8,512.00 $12.00 $102,144.00 2.10 Mill Existing Asphalt Pavement - County ROW (1" Average Depth)SY 750.00 $8.00 $6,000.00 2.11 1.5" Asphalt, Type SP-9.5, Traffic Level C, Stuctural Course- City ROW (First Lift for Roadway Widening or Full Depth Reconstruction)TN 170.00 $165.00 $28,050.00 2.12 1.5" Asphalt, Type SP-9.5, Traffic Level C, Structural Course - County ROW (First Lift for Roadway Widening or Full Depth Reconstruction)TN 6.00 $180.00 $1,080.00 2.13 1.5" Asphalt, Type SP-9.5, Traffic Level C, - City ROW (Second Lift for Roadway Widening or Full Depth Reconstruction, Resurfacing)TN 548.00 $165.00 $90,420.00 2.14 1" Asphalt, Type FC-9.5, Traffic Level C, - County ROW (Second Lift for Roadway Widening or Full Depth Reconstruction, Resurfacing)TN 42.00 $180.00 $7,560.00 2.15 Asphalt, Type SP-9.5, Traffic Level C (Overbuild)TN 157.00 $165.00 $25,905.00 2.16 Concrete Curb and Gutter, Type F (Includes Excavation, Embankment, Subgrade, Base)LF 349.00 $60.00 $20,940.00 2.17 Concrete Curb, Type D (Includes Excavation, Embankment, Subgrade, Base)LF 3,117.00 $45.00 $140,265.00 2.18 Valley Gutter / Drop Curb (Includes Excavation, Embankment, Subgrade, Base)LF 508.00 $40.00 $20,320.00 2.19 Concrete Sidewalk (6") (Palm Beach County ROW) (Includes Excavation, Embankment, Subgrade, Base)SY 49.00 $80.00 $3,920.00 2.20 Concrete Sidewalk / Driveway (6") (City ROW) (Includes Excavation, Embankment, Subgrade, Base)SY 1,631.00 $85.00 $138,635.00 2.21 10'-Wide Concrete Shared Use Path - City of Boynton Beach (4") (Includes Excavation, Embankment, Subgrade, Base)SY 1,192.00 $60.00 $71,520.00 2.22 8'-Wide Concrete Shared Use Path - City of Delray Beach (4") (Includes Excavation, Embankment, Subgrade, Base)SY 975 $60.00 $58,500.00 2.23 Type CR-K Curb Ramp (FDOT Index 522-002)EA 1.00 $1,500.00 $1,500.00 2.24 Type CR-L Curb Ramp (FDOT Index 522-002)EA 2.00 $1,500.00 $3,000.00 2.25 Type CR-D Curb Ramp (FDOT Index 522-002)EA 1.00 $1,500.00 $1,500.00 2.26 ADA Detectable Warnings SY 35.00 $300.00 $10,500.00 2.27 Aluminum Guiderail LF 10.00 $200.00 $2,000.00 2.28 Storm Manhole (4' x 5' Drainage Structure, Thickened Sidewalk, 8" x 48" Opening and Flume , Excavation, Subgrade, Base)EA 1.00 $13,000.00 $13,000.00 2.29 Storm Inlet (Gutter Inlet, Type C-6, 6' Dia., <10', Excavation, Subgrade, Base)EA 4.00 $14,175.00 $56,700.00 2.30 Storm Manhole (Type M-4, 4' Dia., <10', Excavation, Subgrade, Base) EA 2.00 $11,500.00 $23,000.00 2.31 Modify Existing Drainage Structure (Install Top Slab and Type 3 Curb Inlet Top, Excavation, Subgrade, Base)EA 1.00 $6,500.00 $6,500.00 2.32 Exfiltration Trench (Includes Perforated 24" ADS-HP Pipe, Filter Fabric, Aggregate, Excavation, Subgrade, Base)LF 200.00 $190.00 $38,000.00 2.33 Solid 24" ADS-HP Pipe (Excavation, Subgrade, Base)LF 172.00 $160.00 $27,520.00 2.34 Pollution Retardant Baffles (PRBs)EA 4.00 $900.00 $3,600.00 Roadway and Drainage (SE 36th Ave. Streetscape Improvements Plan Set) General Items (SE 36th Ave. Streetscape Improvements Plan Set) SUBTOTAL GENERAL ITEMS 1 of 5 168 ENGINEER'S OPINION OF PROBABLE COST WORKSHEET DATE 10/3/2025 PROJECT TITLE CGA PROJECT NO. SE 36th Ave. Streetscape and Utility Improvements 20-4088 LOCATION SE 36th Avenue/Gulfstream Blvd. OWNER Boynton Beach, Florida ESTIMATED BY CMA/MM CHECKED BY NWK APPROVED BY ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTALS 2.35 Adjust Manholes to Grade EA 10.00 $650.00 $6,500.00 2.36 Adjust Water Main Valve Boxes to Grade EA 7.00 $1,000.00 $7,000.00 2.37 Relocate Irrigation Valve Box EA 5.00 $1,500.00 $7,500.00 2.38 Mailbox Relocations EA 11.00 $500.00 $5,500.00 $1,283,144.00 3.01 Single Post Sign, Remove AS 23.00 $100.00 $2,300.00 3.02 Single Post Sign, F&I Ground Mount, Up to 12 SF AS 42.00 $560.00 $23,520.00 3.03 Retro-Reflective Pavement Markers (BI-DR, White/Red)EA 14.00 $6.00 $84.00 3.04 Retro-Reflective Pavement Markers (BI-DR, Amber/Amber)EA 220.00 $5.50 $1,210.00 3.05 Retro-Reflective Pavement Markers (BI-DR, Blue)EA 4.00 $7.00 $28.00 3.06 Thermoplastic, Std, Open Graded Asphalt Surfaces, White, Solid, 6"LF 4,035.00 $4.50 $18,157.50 3.07 Thermoplastic, Std, Open Graded Asphalt Surfaces, Yellow, Solid, 6"LF 4,264.00 $4.50 $19,188.00 3.08 Thermoplastic, Std, White Solid, 12" for Crosswalk LF 504.00 $8.00 $4,032.00 3.09 Thermoplastic, Std, White, Solid, 24", For Stop Line and Crosswalk LF 138.00 $15.00 $2,070.00 3.10 Thermoplastic, Std, Yellow, Solid, 18" for Diagonal or Chevron LF 19.00 $13.00 $247.00 3.11 Thermoplastic, Std, Yellow, 2-4 Skip, 6"LF 37.00 $4.50 $166.50 3.12 Thermoplastic, Std, White, 6-10 Skip, 6"LF 96.00 $4.50 $432.00 3.13 Thermoplastic, Std, Yellow, 6-10 Skip, 6"LF 636.00 $4.50 $2,862.00 3.14 Thermoplastic Std White Message or Symbol EA 3.00 $2,000.00 $6,000.00 3.15 Thermoplastic Std White Arrow EA 7.00 $1,000.00 $7,000.00 3.16 Painted Pavement Marking, Std, Yellow, Solid, 6"LF 431.00 $0.50 $215.50 $87,512.50 4.01 Tree Removal LS 1.00 $21,000.00 $21,000.00 4.02 Tree 'Box' Staking EA 23.00 $200.00 $4,600.00 4.03 Removal of Existing Pump Station Enclosure and Well Abandonment LS 1.00 $5,000.00 $5,000.00 4.04 Tree Protection Fencing and Barricades LF 1,435.00 $12.00 $17,220.00 4.05 Root Pruning of Existing Trees LF 1,691.00 $24.00 $40,584.00 4.06 Canopy Pruning of Existing Trees EA 23.00 $900.00 $20,700.00 4.07 White 'Natchez' Crape Myrtle (F.G. 12` HT. X 6` SPR.standard, 3" CAL, )EA 8.00 $600.00 $4,800.00 4.08 Lady Palm (25 G, 5`-7` HT)EA 9.00 $400.00 $3,600.00 4.09 Compact Spicy Jatropha (25 G, 6`-7` HT)EA 14.00 $250.00 $3,500.00 4.10 Green Island Ficus (3 G, 18" HT X 18" SPR)EA 270.00 $15.00 $4,050.00 4.11 Dwarf Firebush (3 G, 24" HT X 24" SPR)EA 157.00 $12.00 $1,884.00 4.12 Dwarf Shore Juniper (3 G, 18" HT X 24" SPR.)EA 636.00 $12.00 $7,632.00 4.13 Indian Hawthorn (3 G, 24" HT X 24" SPR)EA 2,349.00 $12.00 $28,188.00 4.14 Perennial Peanut (1 G)EA 2,299.00 $4.50 $10,345.50 4.15 Sunshine Mimosa (1 G)EA 1,115.00 $5.50 $6,132.50 4.16 Bahiagrass SF 25,565.00 $1.25 $31,956.25 4.17 St. Augustine Grass SF 340.00 $1.75 $595.00 4.18 Modification of Existing Soils within Dripline (Air Spade/Tilling)LS 1.00 $10,000.00 $10,000.00 4.19 Linear Root Barrier UB 36-2 LF 1,970.00 $25.00 $49,250.00 4.20 Planting Soil 50/50 CY 971.00 $45.00 $43,695.00 4.21 Mulch CY 148.00 $65.00 $9,620.00 4.22 Temporary Watering (During Construction, until Irrigation System is Operable)LS 1.00 $33,360.00 $33,360.00 4.23 Irrigation System LS 1.00 $128,000.00 $128,000.00 4.24 Modification of Existing Irrigation Systems within Right-of-Way LS 1.00 $15,000.00 $15,000.00 $500,712.25 5.01 Weatherproof GFCI Receptacle with Lockable Cover (Includes Supports)LS 1.00 $213.00 $213.00 5.02 20A 1-Pole Breaker in Panel LS 1.00 $138.75 $138.75 5.03 (2)#12 & #12 Ground Wires in 1/2"PVC for Irrigation Controller (Includes Supports)LS 1.00 $152.85 $152.85 5.04 (2)#12 & #12 Ground Wires in 1/2"PVC for Receptacle (Includes Supports)LS 1.00 $101.90 $101.90 5.05 (2)10'x5/8" Ground Rods and Cadweld EA 2.00 $791.00 $1,582.00 5.06 #8 Bonding Ground Wire in 1/2"PVC LF 15.00 $11.73 $175.95 5.07 Disconnect and Removal of Electrical to Existing Irrigation Pump and Controller LS 1.00 $261.75 $261.75 SUBTOTAL PAVEMENT MARKINGS AND SIGNAGE Pavement Markings and Signage (SE 36th Ave. Streetscape Improvements Plan Set) Landscape and Irrigation (SE 36th Ave. Streetscape Improvements Plan Set) Electrical (SE 36th Ave. Streetscape Improvements Plan Set) SUBTOTAL ROADWAY AND DRAINAGE SUBTOTAL LANDSCAPE AND IRRIGATION 2 of 5 169 ENGINEER'S OPINION OF PROBABLE COST WORKSHEET DATE 10/3/2025 PROJECT TITLE CGA PROJECT NO. SE 36th Ave. Streetscape and Utility Improvements 20-4088 LOCATION SE 36th Avenue/Gulfstream Blvd. OWNER Boynton Beach, Florida ESTIMATED BY CMA/MM CHECKED BY NWK APPROVED BY ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTALS 5.08 Removal and Replacements for Panel A Feeder (Includes Removal of Existing Electrical Service Wires/Conduit and Replacement with 3(#6) in 2" PVC. Includes Trenching, Backfill and Restoration)LS 1.00 $5,275.60 $5,275.60 $7,901.80 6.01 12" C900 PVC Water Main (Includes Complete Trench Restoration)LF 1,837 $135.00 $247,995.00 6.02 8" C900 PVC Water Main (Includes Complete Trench Restoration)LF 14 $90.00 $1,260.00 6.03 6" C900 PVC Water Main (Includes Complete Trench Restoration)LF 39 $70.00 $2,730.00 6.04 6" DIP Water Main (Includes Complete Trench Restoration)LF 50 $95.00 $4,750.00 6.05 1" Polyethylene Water Service (Includes Water Main tapping, Service Saddles, Corporation Stops, Curb Stops, and Complete Trench Restoration)EA 4 $2,500.00 $10,000.00 6.06 2" Polyethylene Water Service for New Irrigation (Includes Water Main tapping, Service Saddles, Corporation Stops, Curb Stops, Complete Trench Restoration)EA 1 $3,000.00 $3,000.00 6.07 12" DIP Gate Valves (Includes Complete Trench Restoration)EA 4 $6,200.00 $24,800.00 6.08 8" DIP Gate Valves (Includes Complete Trench Restoration)EA 1 $4,100.00 $4,100.00 6.09 6" DIP Gate Valves (Includes Complete Trench Restoration)EA 4 $3,600.00 $14,400.00 6.10 12" x 12" Tapping Sleeve w/12" Tapping Valve (Includes Concrete Supports, Thrust Blocks, and Complete Trench Restoration)EA 1 $12,100.00 $12,100.00 6.11 8" Temporary Line Stop (Including Concrete Bases, Restraints, Concrete Thrust Collars, Couplings, and Complete Trench Restoration)EA 1 $10,000.00 $10,000.00 6.12 6" Temporary Line Stop (Including Concrete Bases, Restraints, Concrete Thrust Collars, Couplings, and Complete Trench Restoration)EA 4 $8,700.00 $34,800.00 6.13 12 x 8" DIP Tee (Includes Complete Trench Restoration)EA 1 $5,100.00 $5,100.00 6.14 12 x 6" DIP Tee (Includes Complete Trench Restoration)EA 4 $5,000.00 $20,000.00 6.15 12" DIP 22.5° Bends (Includes Complete Trench Restoration)EA 2 $3,600.00 $7,200.00 6.16 8" DIP 45° Bends (Includes Complete Trench Restoration)EA 2 $1,200.00 $2,400.00 6.17 6" DIP 45° Bends (Includes Complete Trench Restoration)EA 8 $1,100.00 $8,800.00 6.18 8" DIP Caps/Plugs (Includes Complete Trench Restoration)EA 1 $1,600.00 $1,600.00 6.19 6" DIP Caps/Plugs (Includes Complete Trench Restoration)EA 4 $1,500.00 $6,000.00 6.20 6" DIP Sleeve (Includes Complete Trench Restoration)EA 1 $1,000.00 $1,000.00 6.21 Cut-in and Connect to Existing Water Meters and Replace Meter Boxes (Includes Complete Trench Restoration)EA 4 $1,250.00 $5,000.00 6.22 Cut-in and Connect to Existing Water Main (Includes Complete Trench Restoration)EA 5 $5,000.00 $25,000.00 6.23 Bacteriological Sampling Points (Includes Complete Trench Restoration)EA 7 $1,010.00 $7,070.00 6.24 Grout and Abandon Existing 6" Water Main (Includes Complete Trench Restoration) LF 1,312 $45.00 $59,040.00 6.25 Remove Existing Water Main (6", 8") (Includes Complete Trench Restoration) LF 208 $75.00 $15,600.00 6.26 Cap and Abandon Existing Water Service In Place (Includes Complete Trench Restoration)EA 162 $30.86 $5,000.00 6.27 Remove Existing Air Release Valve (Includes Complete Trench Restoration)EA 1 $500.00 $500.00 6.28 Close Ex. 6"/8" Gate Valve, Remove Ex. Valve Nut, Remove Ex. Valve Box (Includes Complete Trench Restoration)EA 5 $1,500.00 $7,500.00 $546,745.00 7.01 Reconstruct Ex. 6" Sanitary Lateral with 6" PVC SDR26 (Includes Complete Trench Restoration)LF 47.00 $100.00 $4,700.00 4,700.00$ $2,430,715.55 8.01 Removal of Existing Concrete SY 38 $25.00 $950.00 8.02 Mill Existing Asphalt Pavement - City ROW (1.5" Average Depth)SY 1,055 $8.00 $8,440.00 8.03 Mill Existing Asphalt Pavement - FDOT ROW (1.5" Average Depth)SY 409 $12.00 $4,908.00 8.04 1.5" Asphalt, Type SP-9.5, Traffic Level C (City ROW and First Lift Full Depth Reconstruction FDOT ROW)TN 87 $165.00 $14,355.00 Water (SE 36th Ave. Streetscape Improvements Plan Set) SUBTOTAL WATER Wastewater (SE 36th Ave. Streetscape Improvements Plan Set) SUBTOTAL WASTEWATER SUBTOTAL ELECTRICAL Roadway and Drainage (SE 36th Avenue Water Main Phase 2 Plan Set) SUBTOTAL SE 36TH AVE. STREETSCAPE IMPROVEMENTS PLAN SET 3 of 5 170 ENGINEER'S OPINION OF PROBABLE COST WORKSHEET DATE 10/3/2025 PROJECT TITLE CGA PROJECT NO. SE 36th Ave. Streetscape and Utility Improvements 20-4088 LOCATION SE 36th Avenue/Gulfstream Blvd. OWNER Boynton Beach, Florida ESTIMATED BY CMA/MM CHECKED BY NWK APPROVED BY ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTALS 8.05 1.5" Asphalt, Type FC-9.5, Traffic Level C (Second Lift Full Depth Restoration and Final Lift Resurfacing FDOT ROW)TN 34 $180.00 $6,120.00 8.06 Concrete Curb and Gutter, Type F (Includes Excavation, Embankment, Subgrade, Base)LF 19 $60.00 $1,140.00 8.07 Concrete Curb, Type D (Includes Excavation, Embankment, Subgrade, Base)LF 17 $45.00 $765.00 8.08 Valley Gutter/Drop Curb (Includes Excavation, Embankment, Subgrade, Base)LF 8 $40.00 $320.00 8.09 Concrete Sidewalk (6") (FDOT ROW) (Includes Excavation, Embankment, Subgrade, Base)SY 21 $120.00 $2,520.00 8.10 Type CR-C Curb Ramp (FDOT Index 522-002)EA 2 $1,500.00 $3,000.00 8.11 ADA Detectable Warnings SY 4 $300.00 $1,200.00 $43,718.00 9.01 Single Post Sign Relocate AS 1 $500.00 $500.00 9.02 Retro-Reflective Pavement Markers (BI-DR, White/Red)EA 10 $6.00 $60.00 9.03 Retro-Reflective Pavement Markers (BI-DR, Amber/Amber)EA 40 $5.50 $220.00 9.04 Retro-Reflective Pavement Markers (BI-DR, Blue)EA 1 $7.00 $7.00 9.05 Thermoplastic, Std, Open Graded Asphalt Surfaces, White, Solid, 6"LF 616 $4.50 $2,772.00 9.06 Thermoplastic, Std, Open Graded Asphalt Surfaces, Yellow, Solid, 6"LF 742 $4.50 $3,339.00 9.07 Thermoplastic, Std, White Solid, 12" for Crosswalk LF 126 $8.00 $1,008.00 9.08 Thermoplastic, Std, White, Solid, 24", For Stop Line and Crosswalk LF 31 $15.00 $465.00 9.09 Thermoplastic, Std, Yellow, Solid, 18" for Diagonal or Chevron LF 10 $13.00 $130.00 9.10 Thermoplastic, Std, White, 6-10 Skip, 6"LF 48 $4.50 $216.00 9.11 Thermoplastic Std White Message or Symbol (Railroad Crossing)EA 1 $2,000.00 $2,000.00 9.12 Thermoplastic Std White Arrow EA 2 $1,000.00 $2,000.00 $12,717.00 10.01 Bahiagrass Sod SF 45.00 $10.00 $450.00 $450.00 11.01 12" C900 PVC Water Main (Includes Complete Trench Restoration)LF 725 $135.00 $97,875.00 11.02 8" C900 PVC Water Main (Includes Complete Trench Restoration)LF 13 $90.00 $1,170.00 11.03 12" DIP Water Main (Thru Steel Casing) (FEC ROW) (Includes Complete Trench Restoration)LF 182 $500.00 $91,000.00 11.04 Jack and Bore 24" Grade B Steel Casing (FEC ROW) (Includes Complete Trench Restoration)LF 172 $1,000.00 $172,000.00 11.05 4" Steel Vent Pipe Welded to 24" Steel Casing. Includes Water Meter Box for the Vent (Includes Complete Trench Restoration)LS 1 $10,000.00 $10,000.00 11.06 12" DIP Gate Valves (Includes Complete Trench Restoration)EA 4 $6,200.00 $24,800.00 11.07 8" DIP Gate Valves (Includes Complete Trench Restoration)EA 2 $4,100.00 $8,200.00 11.08 12 x 12" DIP Tee (Includes Complete Trench Restoration)EA 2 $6,000.00 $12,000.00 11.09 12" x 8" Reducer (Includes Complete Trench Restoration)EA 2 $5,100.00 $10,200.00 11.10 12" DIP 45° Bends (Includes Complete Trench Restoration)EA 14 $3,600.00 $50,400.00 11.11 12" DIP 22.5° Bends (Includes Complete Trench Restoration)EA 2 $3,600.00 $7,200.00 11.12 12" DIP 11.25° Bends (Includes Complete Trench Restoration)EA 2 $3,600.00 $7,200.00 11.13 PVC to DIP Coupling (Includes Complete Trench Restoration)EA 2 $1,500.00 $3,000.00 11.14 Bacteriological Sampling Points (Includes Complete Trench Restoration)EA 2 $1,010.00 $2,020.00 11.15 Cut-In and Connect to Existing Gate Valve (Includes Complete Trench Restoration)EA 2 $5,000.00 $10,000.00 11.16 12" DIP Gate Valve with Plug. Install Blow Off Valve Tapped into Bottom of Plug (Includes Complete Trench Restoration)EA 1 $9,350.00 $9,350.00 11.17 Plug Existing Gate Valve and Install Blow Off Valve Tapped into Bottom of Plug (Includes Complete Trench Restoration)EA 1 $4,000.00 $4,000.00 $520,415.00 $577,300.00 Landscape and Irrigation (SE 36th Avenue Water Main Phase 2 Plan Set) SUBTOTAL LANDSCAPE AND IRRIGATION Water (SE 36TH Avenue Water Main Phase 2 Plan Set) SUBTOTAL WATER SUBTOTAL ROADWAY AND DRAINAGE Pavement Markings and Signage (SE 36th Avenue Water Main Phase 2 Plan Set) SUBTOTAL PAVEMENT MARKINGS AND SIGNAGE SUBTOTAL SE 36TH AVENUE WATER MAIN PHASE 2 PLAN SET 4 of 5 171 ENGINEER'S OPINION OF PROBABLE COST WORKSHEET DATE 10/3/2025 PROJECT TITLE CGA PROJECT NO. SE 36th Ave. Streetscape and Utility Improvements 20-4088 LOCATION SE 36th Avenue/Gulfstream Blvd. OWNER Boynton Beach, Florida ESTIMATED BY CMA/MM CHECKED BY NWK APPROVED BY ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTALS $3,008,015.55 $916,522.95 $3,924,538.50 -5%$3,728,311.58 10%$4,316,992.35 Notes: 2. This estimate is based on the progress plans to date and are subject to change. 3. CGA has no control over costs of labor, materials, competitive bidding environments and procedures, unidentified field conditions, financial and/or market conditions, or other factors likely to affect the cost estimates of this project, all of which are and will unavoidably remain in a state of change, especially considering the high volatility of the market attributable to Acts of God and other market events beyond the control of the parties. The Client acknowledges that this is a “snapshot in time” and that the reliability of these cost estimates will inherently degrade over time. 1. This estimate was prepared in accordance with the Class 1 Cost Estimate Classification System as recommended by AACE International. An AACE Class 1 Cost Estimate has an expected accuracy range of -5% to +10%. TOTAL BASE BID (General Items + Trades) 1ACCURACY RANGE GENERAL ITEMS TOTAL SE 36TH AVE. STREETSCAPE IMPROVEMENTS PLAN SET + SE 36TH AVENUE WATER MAIN PHASE 2 PLAN SET (TRADES SUBTOTAL) 5 of 5 172 Attachment 42025/262025/26AMENDMENT APPROVED AMENDED related toBUDGET Revenue ExpensesBUDGETPROJECT NUMBERProject Name / Comments/ VendorCAPITAL IMPROVEMENT FUND404-0000-369.39-02ILA - City of Delray Beach - 1,500,0001,500,000 Approved Fund Total Revenues 3,340,4001,500,0004,840,400404-5000-533.65-02 R&R - Water 3,340,400 1,500,000 4,840,400 WT2414Gulfstream Blvd ConstructionApproved Fund Total Expenses 3,340,4001,500,0004,840,400CITY OF BOYNTON BEACHBUDGET AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 12/02/2025Amendment173 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-315- Approving the Settlement Agreement and Full and Final General Release in the matter of John Guerrero v. City of Boynton Beach, totaling $200,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-315. Explanation of Request: The Code of Ordinances of the City of Boynton Beach, Florida, provides that the settlement of all claims in excess of $50,000 requires approval of the City Commission. John Guerrero brought a claim against the City of Boynton Beach stemming from an incident that occurred on or about July 27, 2025. A pre-suit Settlement and Release of Claim was reached with Plaintiff for $200,000 in exchange for a general release of all claims, which resolves all claims for damages, including attorney's fees and costs. How will this affect city programs or services? N/A Budgeted Item: Yes Account Line Item and Description: 522-1710-519-49-20 Other Current Charges/Self Insured Loss - Liability. Fiscal Impact: $200,000 of which the City is responsible for $100,000 of the remaining SIR. Attachments: R25-315 Agenda_Item_4020-2025_Resolution_for_Guerrero_-_Release_of_Claims (1).docx Exh A to Reso - John Guerrero Release 11-14-25.pdf 174 RESOLUTION NO. R25-315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND 2 RELEASE OF CLAIM IN THE MATTER OF JOHN GUERRERO V. CITY OF 3 BOYNTON BEACH, TOTALING $200,000; AND FOR ALL OTHER 4 PURPOSES. 5 6 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 7 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 8 Commission by formal resolution; and 9 WHEREAS, John Guerrero ("Plaintiff") brought a claim stemming from an alleged incident 10 that occurred on or about July 27, 2025; and 11 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiff for $200,000 12 in exchange for a general release of all claims, which resolves all claims for damages between the 13 Plaintiff and the City of Boynton Beach, Jonathan Hickman, Tristar Risk Management, PGIT 14 Insurance Company, and their employees, as well as attorney's fees and costs, if any; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the city's citizens and residents to approve the Settlement Agreement and Full 17 and Final General Release of Claim in the matter of John Guerrero and the City of Boynton Beach, 18 Jonathan Hickman, Tristar Risk Management, PGIT Insurance Company and their employees, 19 totaling $200,000. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve the Settlement Agreement and Full and Final General Release of Claim in the matter of 26 John Guerrero and the City of Boynton Beach, Jonathan Hickman, Tristar Risk Management, PGIT 27 Insurance Company, and their employees, totaling $200,000, in form and substance similar to that 28 attached as Exhibit A. 29 SECTION 3. This Resolution shall take effect in accordance with the law. 30 31 175 RESOLUTION NO. R25-315 PASSED AND ADOPTED this ______________ day of ______________________________, 2025. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 Mayor – Rebecca Shelton _____ _____ 35 36 Vice Mayor – Woodrow L. Hay _____ _____ 37 38 Commissioner – Angela Cruz _____ _____ 39 40 Commissioner – Thomas Turkin _____ _____ 41 42 Commissioner – Aimee Kelley _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 _____________________________ ______________________________ 48 Maylee De Jesús, MPA, MMC Rebecca Shelton 49 City Clerk Mayor 50 51 APPROVED AS TO FORM: 52 (Corporate Seal) 53 54 _______________________________ 55 Shawna G. Lamb 56 City Attorney 57 176 177 178 179 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-316- Approving the Settlement Agreement and Full and Final General Release in the matter of Christina Sortore v. City of Boynton Beach, totaling $100,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-316. Explanation of Request: The Code of Ordinances of the City of Boynton Beach, Florida, provides that the settlement of all claims in excess of $50,000 requires approval of the City Commission. Plaintiff, Christina Sortore, brought a workers' compensation claim against the City of Boynton Beach stemming from an work related accident that occurred on or about December 13, 2019. A Settlement and Release of Claim was reached with Plaintiff for $100,000 in exchange for a general release of all claims, which resolves all claims for damages, including attorney's fees and costs. How will this affect city programs or services? N/A Budgeted Item: Yes Account Line Item and Description: 522-1710-519-49-25 Other Current Charges/Self Insured Loss - Worker's Comp. Fiscal Impact: $100,000 Attachments: R25-316 Agenda_Item_4046-2025_Resolution_for_Sortore-_Release_of_Claims.docx Exhibit A - Contingent Settlement Agreement & General Release.pdf Sortore Contingent Mediation Agreement.pdf 180 RESOLUTION NO. R25-316 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND 2 RELEASE OF CLAIM IN THE MATTER OF CHRISTINA SORTORE V. CITY 3 OF BOYNTON BEACH, TOTALING $100,000; AND FOR ALL OTHER 4 PURPOSES. 5 6 7 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 8 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 9 Commission by formal resolution; and 10 WHEREAS, Christina Sortore ("Claimant") brought a claim stemming from an alleged 11 incident that occurred on or about December 13, 2019; and 12 WHEREAS, a Settlement and Release of Claim was reached with the Claimant for $100,000 13 in exchange for a general release of all claims, which resolves all claims for damages between the 14 Claimant and the City of Boynton Beach, as well as attorney's fees and costs, if any; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the city's citizens and residents to approve the Contingent Settlement Agreement 17 and Release in the matter of Christina Sortore and the City of Boynton Beach, totaling $100,000. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve the Contingent Settlement Agreement and Release in the matter of Christina Sortore and 24 the City of Boynton Beach totaling $100,000, in form and substance similar to that attached as 25 Exhibit A. 26 SECTION 3. This Resolution shall take effect in accordance with the law. 27 28 [SIGNATURES ON THE FOLLOWING PAGE] 29 30 31 181 RESOLUTION NO. R25-316 32 PASSED AND ADOPTED this ______________ day of ______________________________, 2025. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 Mayor – Rebecca Shelton _____ _____ 36 37 Vice Mayor – Woodrow L. Hay _____ _____ 38 39 Commissioner – Angela Cruz _____ _____ 40 41 Commissioner – Thomas Turkin _____ _____ 42 43 Commissioner – Aimee Kelley _____ _____ 44 45 VOTE ______ 46 ATTEST: 47 48 _____________________________ ______________________________ 49 Maylee De Jesús, MPA, MMC Rebecca Shelton 50 City Clerk Mayor 51 52 APPROVED AS TO FORM: 53 (Corporate Seal) 54 55 _______________________________ 56 Shawna G. Lamb 57 City Attorney 58 182 183 184 OJCC #: 24-015353TAH Page 3 of 13 The undersigned Employee/Claimant accepts and assumes all risk, chance, or hazard that said injuries, damages, manifestations or losses are now or may become greater, more numerous or more extensive than is now know, anticipated or expected; and the undersigned Employee/Claimant agrees that this release applies to all injuries, damages, manifestations or losses of every kind and character which have arisen, or which may hereafter arise, even though now unknown, unanticipated or unexpected. The undersigned Employee/Claimant hereby acknowledges full responsibility for all future medical benefits. C. ATTORNEYS FEES: 1. FEES/COSTS PAID BY THE EMPLOYEE/CLAIMANT: The Employee/Claimant will pay her attorney, Vincent Leuzzi, Esq., the sum of $24,972.00 out of the above settlement. Additionally, the Employee/Claimant shall pay the sum of $28.00 as costs. The fee and costs shall be paid from the settlement proceeds, thereby making the net settlement amount $75,000.00 ($100.00 of which is payable to the Employee/Claimant as consideration for an ADA/General employer release). 2. PRIOR REPRESENTATION: The Employee/Claimant will be responsible for any and all attorney’s fee liens filed or held by any prior attorney, for representation of the Employee/Claimant. The Employee/Claimant agrees to indemnify and hold the Employer/Carrier/Servicing Agent harmless as to any attorney fee liens. D. CHILD SUPPORT ARREARAGE: The Employee/Claimant agrees that, if there is any outstanding child support, it shall be deducted from the Employee/Claimant’s net settlement proceeds pursuant to the Motion for Attorney Fee Approval and Child Support Allocation. Any payments to child support shall be made by the Claimant’s Counsel from the Employee/Claimant’s net settlement proceeds. The Employer/Carrier/Servicing Agent shall in no way be responsible for any child support owed by the Employee/Claimant. The Employee/Claimant also stipulates and agrees that the Employer/Carrier/Servicing Agent shall be indemnified and held harmless against any action brought by any third party for payment of child support arrearage. 185 186 187 188 189 190 191 192 193 18th November 25 18th November 25 /s/ Alison J. Schefer 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-323- Approving the Settlement Agreement and Full and Final General Release in the matter of Rodney Innocent & Lissette Perez-Innocent v. City of Boynton Beach for $67,500 each, totaling $135,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-323. Explanation of Request: The Code of Ordinances of the City of Boynton Beach, Florida, provides that the settlement of all claims in excess of $50,000 requires approval of the City Commission. Plaintiffs Rodney Innocent & Lissette Perez-Innocent, brought a claim against the City of Boynton Beach stemming from an accident that occurred on or about June 5, 2024. A Settlement and Release of Claim was reached with both Plaintiffs for $67,500, each totaling $135,000 in exchange for a general release of all claims, which resolves all claims for damages, including attorney's fees and costs. How will this affect city programs or services? N/A Budgeted Item: Yes Account Line Item and Description: 522-1710-519-49-20 Other Current Charges/Self Insured Loss - Liability. Fiscal Impact: $135,000. Attachments: R25-323 Agenda_Item_4062-2025_Resolution_for_Lissette_and_Rodney_- _Releases_of_Claims.docx Exh A to Reso - EXECUTED RELEASE - Lissette.pdf Exh A to Reso - EXECUTED RELEASE - Rodney.pdf 215 RESOLUTION NO. R25-323 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND 2 RELEASES OF CLAIM IN THE MATTER OF LISSETTE PEREZ-INNOCENT 3 AND RODNEY INNOCENT V. CITY OF BOYNTON BEACH, TOTALING 4 $67,500; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 7 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 8 Commission by formal resolution; and 9 WHEREAS, Lissette Perez-Innocent and Rodney Innocent ("Plaintiffs") brought a claim 10 under claim number 2400002416, stemming from an alleged incident that occurred on or about 11 June 5, 2024 at or near 1020 W. Gateway Boulevard in Boynton Beach, Florida; and 12 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiffs for $135,000, 13 divided evenly as to both Plaintiffs, who will each receive $67,500, in exchange for general releases 14 of all claims, which resolves all claims for damages between the Plaintiffs and the City of Boynton 15 Beach, Tommy Jones, Tristar Risk Management, PGIT Insurance Company, and their employees, 16 as well as attorney's fees and costs, if any; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the city's citizens and residents to approve the Settlement Agreement and Full 19 and Final General Releases of Claim in the matter of Lissette Perez-Innocent and Rodney Innocent 20 and the City of Boynton Beach, Tommy Jones, Tristar Risk Management, PGIT Insurance Company 21 and their employees, totaling $135,000. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve the Settlement Agreement and Full and Final General Releases of Claim in the matter of 28 Lissette Perez-Innocent and Rodney Innocent and the City of Boynton Beach, Tommy Jones, Tristar 29 Risk Management, PGIT Insurance Company and their employees, totaling $135,000, divided 30 evenly as to each Plaintiff in the amount of $67,500, in form and substance similar to that attached 31 216 RESOLUTION NO. R25-323 as Exhibit A. 32 SECTION 3. This Resolution shall take effect in accordance with the law. 33 34 PASSED AND ADOPTED this ______________ day of ______________________________, 2025. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 Mayor – Rebecca Shelton _____ _____ 38 39 Vice Mayor – Woodrow L. Hay _____ _____ 40 41 Commissioner – Angela Cruz _____ _____ 42 43 Commissioner – Thomas Turkin _____ _____ 44 45 Commissioner – Aimee Kelley _____ _____ 46 47 VOTE ______ 48 ATTEST: 49 50 _____________________________ ______________________________ 51 Maylee De Jesús, MPA, MMC Rebecca Shelton 52 City Clerk Mayor 53 54 APPROVED AS TO FORM: 55 (Corporate Seal) 56 57 _______________________________ 58 Shawna G. Lamb 59 City Attorney 60 217 218 219 220 221 222 223 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-325- Ratifying the MOU for the Logistics Quartermaster position in the Fire Department. Requested Action: Staff recommends the approval of Proposed Resolution No. R25-235. Explanation of Request: Ratify the City Manager's execution of an MOU for the Logistics Quartermaster position in the Fire Department. This is a position that was previously budgeted for and approved in Fiscal Year 24-25. The MOU has been agreed upon between the City and the IAFF bargaining unit, outlining the position, duties, and responsibilities. How will this affect city programs or services? This position supports the City's and Department's goals of improved internal support services, increased preparedness, and streamlined operations without increasing personnel costs. Budgeted Item: Yes Account Line Item and Description: 001-2210-522-12-10 Salaries Fiscal Impact: None Attachments: R25-325 MOU Logistics_Quartermaster_Position_-_Fire.docx MOU Logistics Quartermaster.pdf 224 RESOLUTION NO. R25-325 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING AND APPROVING A MEMORANDUM OF 2 UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH AND THE 3 BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, FLORIDA, LOCAL 4 1891, IAFF, TO ESTABLISH THE LOGISTICS QUARTERMASTER POSITION 5 WITHIN THE FIRE DEPARTMENT; PROVIDING AN EFFECTIVE DATE; AND 6 FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City of Boynton Beach maintains a fire rescue department and is party to 9 a collective bargaining agreement with Local 1891, Boynton Beach Association of Fire Fighters, 10 IAFF (the "Union"), covering the period October 1, 2024, through September 30, 2027; and 11 WHEREAS, the City has identified a need for improved logistical support services within 12 the Fire Department to enhance operational efficiency, equipment readiness, inventory 13 management, and departmental preparedness; and 14 WHEREAS, the City and Union have reached mutual agreement regarding the creation 15 of a new Logistics Quartermaster position to be included in the Union's bargaining unit, as 16 memorialized in the Memorandum of Understanding ("MOU"); and 17 WHEREAS, the Logistics Quartermaster position was previously budgeted for and 18 approved in the City's Fiscal Year 2024-2025 budget, and establishment of this position will not 19 increase personnel costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems that 21 ratification and approval of the MOU is in the best interests of the City and its residents and will 22 enhance the operational effectiveness of the Fire Department. 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 hereof. 28 SECTION 2. The City Commission hereby approves and ratifies the Memorandum of 29 Understanding between Boynton Beach Association of Fire Fighters, Florida, Local 1891, IAFF, 30 and the City of Boynton Beach to allocate the construction costs to establish the Logistics 31 225 RESOLUTION NO. R25-325 Quartermaster position (the “MOU”), in form and substance similar to that attached as “Exhibit 32 A”. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby ratifies 34 the City Manager’s execution of the MOU and authorizes the City Manager to execute any 35 ancillary documents required under the MOU or necessary to accomplish the purposes of this 36 Resolution. 37 SECTION 4. This Resolution shall take effect as provided by law. 38 [SIGNATURES ON FOLLOWING PAGE] 39 226 RESOLUTION NO. R25-325 PASSED AND ADOPTED this _____ day of __________________ 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor – Rebecca Shelton _____ _____ 44 45 Vice Mayor – Woodrow L. Hay _____ _____ 46 47 Commissioner – Angela Cruz _____ _____ 48 49 Commissioner – Thomas Turkin _____ _____ 50 51 Commissioner – Aimee Kelley _____ _____ 52 53 VOTE ______ 54 ATTEST: 55 56 57 _____________________________ ______________________________ 58 Maylee De Jesús, MPA, MMC Rebecca Shelton 59 City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 63 (Corporate Seal) 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 227 228 229 230 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-317- Approval for termination of contracts with Nationwide, Empower, and Mission Square as the 457 Employee Plan providers. Requested Action: Staff recommends approval of Proposed Resolution No. R25-317. Explanation of Request: Currently, the City of Boynton Beach has three different retirement plan providers: Nationwide, Mission Square, and Empower. The goal has been to consolidate to one provider, Nationwide. The City has finalized negotiations for a new contract with Nationwide, which has been reviewed by Finance, HR, and Legal. This new agreement will be presented for approval on the same agenda. Upon approval, the City will proceed with terminating the existing agreements with Mission Square and Empower and fully transition to the consolidated Nationwide agreement. How will this affect city programs or services? The impact is ~$300K of fees to participants Move three retirement plans into one provider, Nationwide, which already represents 70% of participants and 80% of assets. Savings due to the removal of all retail pricing in existing contracts Max $39 per year per participant cost for administration fees Budgeted Item: Yes Account Line Item and Description: N/A Fiscal Impact: This item was budget item. Impact to 457 participants is ~$300K. No impact financially to the City's Budget. Attachments: R25-317 Agenda_Item_3834-2025_Resolution_for_457_Contract_Terminations.docx 457 Plan Agenda Item v2.0.pptx Nationwide Agreement.pdf Empower (Great-West) Agreement.pdf Mission Square (ICMA) Agreement.pdf Mission Square (ICMA) Agreement Continued.pdf 231 RESOLUTION NO. R25-317 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE TERMINATION OF THE 2 AGREEMENT BETWEEN THE CITY AND NATIONWIDE, THE 3 TERMINATION OF THE AGREEMENT BETWEEN THE CITY AND 4 EMPOWER, AND THE TERMINATION OF THE AGREEMENT BETWEEN 5 THE CITY AND MISSION SQUARE; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City and Nationwide entered into an Agreement for Employees' Deferred 9 Compensation Plan Administrative Service effective January 20, 1982; and 10 WHEREAS, the City and Empower entered into an Adoption Agreement, the United States 11 Conference of Mayors Deferred Compensation Plan, Section 457(b), Eligible Deferred 12 Compensation Plan for Governmental Employers, effective January 20, 1982; and 13 WHEREAS, the City and Mission Square entered into an Administrative Service Agreement 14 dated December 1, 1992; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the City's citizens and residents to approve the termination of the Agreement 17 between the City and Nationwide, the termination of the Agreement between the City and 18 Empower, and the termination of the Agreement between the City and Mission Square. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve the termination of the Agreement between the City and Nationwide, the termination of 26 the Agreement between the City and Empower, and the termination of the Agreement between 27 the City and Mission Square. 28 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the City Staff to take any necessary action to accomplish the purposes of this 30 Resolution. City staff is further authorized to execute any ancillary documents required to 31 232 RESOLUTION NO. R25-317 accomplish the purposes of this Resolution. 32 SECTION 4. This Resolution shall take effect in accordance with the law. 33 [SIGNATURES ON THE FOLLOWING PAGE] 34 35 233 RESOLUTION NO. R25-317 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 Mayor – Rebecca Shelton _____ _____ 39 40 Vice Mayor – Woodrow L. Hay _____ _____ 41 42 Commissioner – Angela Cruz _____ _____ 43 44 Commissioner – Thomas Turkin _____ _____ 45 46 Commissioner – Aimee Kelley _____ _____ 47 48 VOTE ______ 49 ATTEST: 50 51 _____________________________ ______________________________ 52 Maylee De Jesús, MPA, MMC Rebecca Shelton 53 City Clerk Mayor 54 55 APPROVED AS TO FORM: 56 (Corporate Seal) 57 58 _______________________________ 59 Shawna G. Lamb 60 City Attorney 61 234 457 Plan Alan Lawson Finance Director November 4, 2025 Anthony Davidson, DDF Lynn Nazario, Director HR 235 Desired Outcome •Consolidation & Scale – Combine existing plans to maximize efficiencies and purchasing power. •Lower Fees – Renegotiate the Nationwide contract with an administrative fee cap of 0.065% (or $39 per participant annually). •Institutional Investments – Utilize BCA’s expertise to secure an open-architecture platform and lower-cost institutional share classes. •Transparency – Eliminate hidden fees, retail commissions, and underperforming funds. •Best Practices – Adopt target-date funds as the default option, add a money market fund to capture competitive yields, and align investment choices with industry standards. •Managed Accounts – Review and negotiate managed account fees. •Expanded Access – Add Schwab/JP Morgan self-directed brokerage to broaden the investment universe. •Governance – Formalize an Investment Policy Statement and a Service Level Agreement •Oversight – Provide ongoing monitoring and fiduciary support. Purpose •Approve the Finance Director with the assistance of Burgess Chambers & Associates, Inc. (BCA), a government retirement plan specialist to consolidate the three separate 457 Plans providers into one provider (Nationwide) Maximizing Employees’ and Retirees’ Retirement Gains Recommendation •Utilize existing a current provider, Nationwide, to consolidate the 457 Plans. Close other 457 plans and all business relationship with Empower and Mission Square. Anticipated Outcomes •Higher employee participation •More than $300,000 in annual savings/benefits for employees •Removal of all fees except Administration fee ($39 per year) •Age- and risk-appropriate investment alignment •Maximized participant outcomes through lower costs and better investment options •No financial impact to the City’s budget 236 What does the change mean to the COBB’s Employees? Nationwide Fee Summary (68% of Members, 79% Assets): • Estimated total variable investment expense: 1.42% • Estimated total variable administrative expense: 1.09% • Assume $50k balance / administrative cost per participant ($): $545 MissionSquare Fee Summary (28% of Members, 18% Assets): • Estimated total investment expense: 1.25% • Estimated total administrative expense: 0.92% • Assume $50k balance / administrative cost per participant ($): $460 Empower Fee Summary (4% of Members, 3% Assets): • Estimated total investment expense: 0.99% • Estimated total administrative expense: 0.66% • Assume $50k balance / administrative cost per participant ($): $330 *Analytics based on $50K Balance; Total Estimated Asset Balance ~$35Million Recap of Changes •$39 per participant per year fee •No more transaction fees •Admin fee reductions (Fund fees) •Hidden fee removal (full transparency) •Retirees will benefit the most due to higher than average balances •Institutional Investments Available increase +50,000 237 Process to Consolidation – 120 Day rollout (April 1, 2026) • Approval to proceed with cancellation of existing contracts and consolidate to Nationwide from Commission • New Contract with Nationwide and BCA signed by the CM/Mayor (late November) • Contract terminations sent to Mission Square and Empower • Finalize 457 Plan consolidation phases between COBB with BCA & Nationwide • November Announcement of 457 Plan Consolidation to Employees from HR • At the latest, employees will be able to use the new 457 Plan • Starting in January 2026, 90-60-30-15 Employee/Retiree Education Seminars (On-site & Virtual) from Nationwide representative • Final employee rollover completion April 1, 2026 to new 457 Plan with Nationwide. Minimum of Two Q&A questions for Boynton Beach employees/retirees. (Option for Three if the required) 238 Questions and Answers 239 Appendix 240 Process to Consolidation – One Year Roll Out 241 242 243 244 245 246 247 248 249 250 251 252 253 03/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers THE UNITED STATES CONFERENCE OF MAYORS RETIREMENT PROGRAM SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN FOR GOVERNMENTAL EMPLOYERS ADMINISTERED BY GREAT-WEST RETIREMENT SERVICES® 170067-01254 03/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers INTRODUCTION TO THE UNITED STATES OF CONFERENCE OF MAYORS SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN FOR GOVERNMENTAL EMPLOYERS ADMINISTERED BY GREAT-WEST RETIREMENT SERVICES The attached sample Basic Plan Document may be used together with the related Adoption Agreement by eligible governmental employers and their counsel as a model in preparing a deferred compensation plan document intended to satisfy § 457(b) of the Internal Revenue Code of 1986, as amended. In general, under a § 457(b) plan, which is also referred to as an “eligible deferred compensation plan,” a participant may defer amounts of compensation (and income earned on those deferrals) and avoid federal income taxation until those amounts are paid to the participant. The following types of governmental entities may establish eligible § 457(b) plans: 1.The 50 states of the United States and the District of Columbia; 2.A political subdivision of a state (for example, a county or municipality); and 3.Any agency or instrumentality of a state or a political subdivision of a state. This sample Basic Plan Document contains provisions that may be included in an eligible governmental deferred compensation plan. No local, state or federal government has passed on the legal sufficiency (including the conformity with § 457) of this sample Basic Plan Document. It was prepared for your convenience and is not intended to provide you with legal or accounting advice, nor should it be implemented without regard to your particular needs or any applicable laws of your state or local jurisdiction. Neither Great-West Retirement Services, a unit of Great-West Life & Annuity Insurance Company, nor any of its affiliated companies, (collectively referred to herein as “Great-West”) assumes any liability to any person or entity with respect to the adequacy of this document for any purpose, or with respect to any tax, accounting or legal ramifications arising from its use. You and your counsel should review and, where appropriate, modify the provisions to meet your particular needs and applicable local laws. Alterations to the Adoption Agreement are permissible, but any such alteration that requires a Plan amendment must be set forth in a separate amendment attached to the front of the plan document. Great-West is not a party to any plan which you may adopt, and Great-West has no responsibility, accountability, or liability to you, any employer, any participant or any beneficiary with regard to the operation or adequacy of this sample plan document, any § 457(b) plan prepared from this sample Basic Plan Document or any future amendments made to this sample Basic Plan Document including amendments to satisfy any changes in applicable law. You should consult with your legal counsel prior to adopting any plan document. 170067-01255 TABLE OF CONTENTS SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN Page Introduction i SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN INTRODUCTION ................................................................................................................................. 1 I. DEFINITIONS .................................................................................................................................. 1 1.01 “Account Balance.” .................................................................................................................... 1 1.02 “Administrator.” ......................................................................................................................... 1 1.03 “Adoption Agreement.” Adoption Agreement means the agreement which, together with this sample Basic Plan Document, constitutes the Plan......................................................................... 1 1.04 “Alternate Payee.”...................................................................................................................... 1 1.05 “Annual Deferral.” ...................................................................................................................... 1 1.06 “Beneficiary.” ............................................................................................................................ 1 1.07 “Code.” .................................................................................................................................... 1 1.08 “Compensation.” ........................................................................................................................ 1 1.09 “Custodian.” .............................................................................................................................. 2 1.10 “Employee.” .............................................................................................................................. 2 1.11 “Employer.” ............................................................................................................................... 2 1.12 “Includible Compensation.” ......................................................................................................... 2 1.13 “Nonelective Employer Contribution.” ........................................................................................... 2 1.14 “Normal Retirement Age.” ........................................................................................................... 2 1.15 “Participant.” ............................................................................................................................. 2 1.16 “Participation Agreement.” .......................................................................................................... 2 1.17 “Plan.” ...................................................................................................................................... 3 1.18 “Plan Year.” .............................................................................................................................. 3 1.19 “Qualified Military Service.” Any service in the uniformed service (as defined in Chapter 43 of Title 38 of the United States Code as in effect as of December 12, 1994) by any individual if such individual is entitled to reemployment rights under such Chapter with respect to such service............... 3 1.20 “Severance from Employment.” ................................................................................................... 3 1.21 “Trust or Custodial Agreement.” ................................................................................................... 3 1.22 “Trust Fund.” ............................................................................................................................. 3 1.23 “Trustee.” ................................................................................................................................. 3 1.24 “Valuation Date.” ..................................................................................................................... 3 II. PARTICIPATION AND CONTRIBUTIONS.......................................................................................... 3 2.01 Eligibility. .................................................................................................................................. 3 2.02 Election Required for Participation. .............................................................................................. 3 2.03 Nonelective Employer Contributions. If selected in the Adoption Agreement, the Employer may make nonelective contributions to the Plan in the amounts and to the Employees designated under the Adoption Agreement. ............................................................................................................ 4 2.04 Commencement of Participation. ................................................................................................. 4 2.05 Information Provided by the Participant. ........................................................................................ 5 2.06 Contributions Made Promptly. ..................................................................................................... 5 2.07 Amendment of Annual Deferrals Election. ..................................................................................... 5 2.08 Leave of Absence. ..................................................................................................................... 5 170067-01256 TABLE OF CONTENTS (Continued) SECTION 457 ELIGIBLE DEFERRED COMPENSATION PLAN Page 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers ii 2.09 Disability. ................................................................................................................................. 6 2.10 Revocation of Deferrals. ............................................................................................................. 6 2.11 Re-Enrollment. .......................................................................................................................... 6 2.12 Designated Roth Contributions .................................................................................................... 6 III. LIMITATIONS ON AMOUNTS DEFERRED ....................................................................................... 7 3.01 Basic Annual Limitation Effective for Calendar Years On and After January 1, 2002. ........................... 7 3.02 Age 50 Catch-up Annual Deferral Contributions. ............................................................................ 7 3.03 Special § 457 Catch-up Limitations for Calendar Years Beginning On and After January 1, 2002. ......... 7 3.04 Coordination of Age 50 Catch-up with Special § 457 Catch-up. ........................................................ 8 3.05 Special Rules. ........................................................................................................................... 8 3.06 Correction of Excess Deferrals. ................................................................................................... 8 3.07 Protection of Persons Who Serve in a Uniformed Service. ............................................................... 8 IV. LOANS ........................................................................................................................................ 9 4.01 Maximum Loan Amount. ............................................................................................................. 9 4.02 Loan Provisions. ........................................................................................................................ 9 4.03 Security for Loan; Default. .......................................................................................................... 9 4.04 Repayment. ............................................................................................................................ 10 V. BENEFIT DISTRIBUTIONS .............................................................................................................10 5.01 Distributions from the Trust. ...................................................................................................... 10 5.02 Conditions for Distributions. ...................................................................................................... 10 5.03 Severance from Employment for Any Reason, Including Retirement. .............................................. 11 5.04 In-Service Distributions. ............................................................................................................ 11 5.05 Unforeseeable Emergency Distributions. .................................................................................... 12 5.06 Death Benefit Distributions. ....................................................................................................... 13 5.07 Payment Options. .................................................................................................................... 16 5.08 Default Distribution Option. ....................................................................................................... 16 5.09 Limitations on Distribution Options. ............................................................................................ 16 5.10 Eligible Rollover Distributions. ................................................................................................... 16 5.11 Elections. ............................................................................................................................... 17 5.12 Practices and Procedures. ........................................................................................................ 17 5.13 Taxation of Distributions. .......................................................................................................... 17 VI. ROLLOVERS AND TRANSFERS ...................................................................................................18 6.01 Eligible Rollover Contributions to the Plan. .................................................................................. 18 6.02 Plan-to-Plan Transfers to the Plan.............................................................................................. 19 6.03 Plan-to-Plan Transfers from the Plan. ......................................................................................... 19 6.04 Permissive Service Credit Transfers. .......................................................................................... 19 VII. CREATION OF TRUST AND TRUST FUND ....................................................................................20 7.01 Trust Fund. ............................................................................................................................. 20 7.02 Establishment of Trust. ............................................................................................................. 20 7.03 Appointment and Termination of Trustee. .................................................................................... 20 7.04 Acceptance............................................................................................................................. 21 7.05 Control of Plan Assets. ............................................................................................................. 21 7.06 General Duties of the Trustee. ................................................................................................... 21 170067-01257 TABLE OF CONTENTS (Continued) SECTION 457 ELIGIBLE DEFERRED COMPENSATION PLAN Page 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers iii 7.07 Investment Powers of the Trustee. ............................................................................................. 21 7.08 Trustee Fees and Expenses. ..................................................................................................... 22 7.09 Exclusive Benefit Rules. ........................................................................................................... 22 7.10 Trustee Actions. ...................................................................................................................... 22 7.11 Delegation. ............................................................................................................................. 22 7.12 Division of Duties and Indemnification. ....................................................................................... 22 VIII. INVESTMENTS ..........................................................................................................................23 8.01 Investment Options. ................................................................................................................. 23 8.02 Participant Investment Direction................................................................................................. 23 8.03 Employer Investment Direction. ................................................................................................. 24 8.04 Participant Accounts. ............................................................................................................... 24 IX. ADMINISTRATION .......................................................................................................................24 9.01 Administrator. ......................................................................................................................... 24 9.02 Appointment and Termination of Administrator. ............................................................................ 25 9.03 Duties of Administrator. ............................................................................................................ 25 9.04 Administrative Fees and Expenses. ........................................................................................... 25 9.05 Actions of Administrator. ........................................................................................................... 25 9.06 Delegation. ............................................................................................................................. 25 9.07 Investment and Service Providers. ............................................................................................. 26 X. LEAVE OF ABSENCE ....................................................................................................................26 10.01 Paid Leave of Absence. ............................................................................................................ 26 10.02 Unpaid Leave of Absence. ........................................................................................................ 26 XI. AMENDMENT OR TERMINATION OF PLAN ...................................................................................26 11.01 Termination. ........................................................................................................................... 26 11.02 Amendment. ........................................................................................................................... 26 11.03 Copies of Amendments. ........................................................................................................... 26 XII. TAX TREATMENT OF AMOUNTS CONTRIBUTED ...........................................................................26 XIII. NON-ASSIGNABILITY ..................................................................................................................27 13.01 Non-Assignability. .................................................................................................................... 27 13.02 Qualified Domestic Relations Orders. ......................................................................................... 27 13.03 IRS Levy. ............................................................................................................................... 28 13.04 Mistaken Contributions. ............................................................................................................ 28 13.05 Payments to Minors and Incompetents. ...................................................................................... 28 13.06 Procedure When Distributee Cannot Be Located.......................................................................... 28 XIV. DISCLAIMER ..............................................................................................................................28 XV. EMPLOYER PARTICIPATION ........................................................................................................29 XVI. INTERPRETATION ......................................................................................................................29 16.01 Governing Law. ....................................................................................................................... 29 16.02 Internal Revenue Code § 457. ................................................................................................... 29 16.03 Word Usage............................................................................................................................ 29 16.04 Headings. ............................................................................................................................... 29 16.05 Entire Agreement..................................................................................................................... 29 170067-01258 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 1 SECTION 457(b) ELIGIBLE DEFERRED COMPENSATION PLAN INTRODUCTION In accordance with the provisions of § 457 of the Internal Revenue Code of 1986, as amended, the Employer named in the Adoption Agreement hereby establishes this § 457(b) Eligible Deferred Compensation Plan, hereinafter referred to as the “Plan.” Nothing contained in this Plan shall be deemed to constitute an employment agreement between any Participant and Employer, and nothing contained herein shall be deemed to give a Participant any right to be retained in the employ of Employer. I. DEFINITIONS 1.01 “Account Balance.” The bookkeeping account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant’s Annual Deferrals, the Participant’s Designated Roth Contributions if allowed by the plan, the earnings or loss of the Fund (net of Fund expenses) allocable to the Participant, any transfers for the Participant’s benefit and any distribution made to the Participant or the Participant’s Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant’s death, then each Beneficiary’s share of the Account Balance shall be treated as a separate account for each Beneficiary. The Account Balance includes any account established under Article VI for rollover contributions and plan-to-plan transfers made for a Participant, the account established for a Beneficiary after a Participant’s death, any account or accounts established for an Alternate Payee (as defined in Code § 414(p)(8)), and any amounts treated as an in-plan Roth direct rollover. 1.02 “Administrator.” Administrator means the person, persons or entity appointed by the Employer to administer the Plan as set forth in the Adoption Agreement. Administrator shall not include the recordkeeper or any company which issues policies, contracts or investment media to the Plan in respect of a Participant. 1.03 “Adoption Agreement.” Adoption Agreement means the agreement which, together with this sample Basic Plan Document, constitutes the Plan. 1.04 “Alternate Payee.” Alternate Payee means the spouse, former spouse, child or other dependent of a Participant who has acquired an interest in the Participant’s account pursuant to a Qualified Domestic Relations Order (QDRO) pursuant to Section 13.02. Alternate Payees shall be treated as Beneficiaries for all purposes under the Plan except that Alternate Payees shall be allowed to request a distribution of all or a portion of their account balance at any time, subject to the terms of the QDRO. 1.05 “Annual Deferral.” The amount of Compensation deferred in any taxable year as a pre-tax deferral, Roth contribution, or both, if allowed by the Plan. 1.06 “Beneficiary.” The designated person (or, if none, the Participant’s surviving spouse, if any, and then the Participant’s estate) who is entitled to receive benefits under the Plan after the death of a Participant. 1.07 “Code.” The sections of the Internal Revenue Code of 1986, as now in effect or as hereafter amended or recodified. References herein to specific section numbers of the Code shall be deemed to include Treasury regulations and Internal Revenue Service guidance thereunder as in effect now, as amended or recodified in corresponding provisions of any future United States internal revenue law. 1.08 “Compensation.” All cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses and overtime pay, that is includible in the Employee’s gross income for the calendar year, plus amounts that would be cash compensation for services to the Employer includible in the Employee’s gross income for the calendar year but for a compensation reduction election under Code §§ 125, 132(f), 401(k), 403(b), or 457(b) (including an election to defer compensation under Article III). To the extent permitted by Treasury regulations or other similar guidance (including, without limitation, the requirements contained in Treasury Regulations §§ 1.457-4(d)(1) and 1.415- 2(e)(3)(i)), accrued bona fide sick, vacation or other leave pay so long as the Participant would have been able to use 170067-01259 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 2 the leave if employment had continued and it is paid within the longer of two and one-half (2 ½) months after the Participant’s severance from employment or the end of the calendar year in which the Participant severs employment with the Employer. For Plan Years after December 31, 2008, to the extent permitted by the applicable Code provisions and Treasury regulations, Compensation shall include pay received by a Participant from the Employer while performing Qualified Military Service but only to the extent the pay does not exceed the amounts the Participant would have received if the Participant had continued to perform services for the employer rather than entering Qualified Military Service. 1.09 “Custodian.” The bank, trust company or other person, if any, selected by the Employer in the Adoption Agreement and who is authorized to hold Plan assets in a custodial account in accordance with regulations issued by the Secretary of the Treasury pursuant to Code § 401(f). 1.10 “Employee.” Each natural person (individual) who is employed by the Employer, either as a common law employee or an independent contractor, including elected or appointed individuals, as selected in the Adoption Agreement. Any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan shall be excluded. 1.11 “Employer.” The eligible governmental entity sponsoring the Plan as named in the Adoption Agreement. 1.12 “Includible Compensation.” An employee’s actual wages in Box 1 of Form W-2 for a year for services to the Employer, but subject to a maximum of $200,000 (or such higher maximum as may apply under Code § 401(a)(17)) and increased (up to the applicable limit contained in Code § 401(a)(17)) by any compensation reduction election under Code §§ 125, 132(f), 401(k), 403(b), or 457(b) (including an election to defer Compensation under Article III). 1.13 “Nonelective Employer Contribution.” Nonelective Employer Contribution is a contribution made by an Employer for the Participant with respect to which the Participant does not have the choice to receive the contribution in cash or property. Such term may also include an employer matching contribution. 1.14 “Normal Retirement Age.” Normal Retirement Age means age 70½, unless the Participant has elected an alternate Normal Retirement Age and delivered such election to the Administrator prior to beginning Special § 457 Catch-up contributions as described in Section 3.03 of the Plan. Once a Participant has begun making Special § 457 Catch-up contributions, his Normal Retirement Age may not be changed. For Participants eligible to receive benefits under the Employer’s basic defined benefit pension plan or a money purchase pension plan (herein collectively referred to as “pension plan”), a Participant’s alternate Normal Retirement Age may not be earlier than the earliest date the Participant has the right to retire and receive immediate retirement benefits under such pension plan, without actuarial or similar reduction because of retirement before some later specified age, and the date selected may not be later than age 70 ½. If the Participant is not eligible to receive benefits under a basic defined benefit pension plan or money purchase pension plan, the Participant’s alternate Normal Retirement Age may not be earlier than age 65 nor later than age 70 ½. A special rule shall apply to qualified police or firefighters under the Plan, if any. Any qualified police or firefighter, as defined under Code § 415(b)(2)(H)(ii)(I), who is participating in the Plan may choose a Normal Retirement Age that is not earlier than age 40 nor later than age 70 ½. 1.15 “Participant.”An individual who is currently deferring Compensation, or who has previously deferred Compensation under the Plan by salary reduction or received a Non-elective Employer Contribution and who has not received a distribution of his or her entire benefit under the Plan. Except for purposes of Articles II, IV, and X, the term “Participant” shall include a former Participant. The Administrator, if he or she is otherwise eligible, may participate in the Plan. 1.16 “Participation Agreement.” The agreement entered into and filed by an Employee with the Employer pursuant to Article II, in which the Employee elects to become a Plan Participant. 170067-01260 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 3 1.17 “Plan.” The Plan named in the Adoption Agreement and consisting of the Adoption Agreement and this Sample Basic Plan Document. 1.18 “Plan Year.” The calendar year. 1.19 “Qualified Military Service.” Any service in the uniformed service (as defined in Chapter 43 of Title 38 of the United States Code as in effect as of December 12, 1994) by any individual if such individual is entitled to reemployment rights under such Chapter with respect to such service. 1.20 “Severance from Employment.” The date the Employee dies, retires, or otherwise has a severance from employment with the Employer, as determined by the Administrator (and taking into account guidance issued under the Code). An Employee whose employment is interrupted by Qualified Military Service under Code § 414(u) shall be deemed severed from employment until such time as he or she is reemployed following the term of duty. Effective for Plan Years after December 31, 2008, if a Participant called to Qualified Military Service receives a distribution from the Plan due to severance, the Participant’s deferrals to the Plan shall be suspended for six-months following the date of the distribution. All other Participants shall be deemed to have severed his employment with the Employer for purposes of this Plan when both parties consider the employment relationship to have terminated and neither party anticipates any future employment of the Participant by the Employer. In the case of a Participant who is an independent contractor, Severance from Employment shall be deemed to have occurred when the Participant’s contract for services has completely expired and terminated, there is no foreseeable possibility that the Employer shall renew the contract or enter into a new contract for services to be performed by the Participant, and it is not anticipated that the Participant shall become an Employee of the Employer. 1.21 “Trust or Custodial Agreement.” The written agreement (or declaration) made by and between the Employer and the Trustee under which the Trust Fund is maintained. Custodial accounts and annuity contracts described in Code § 401(f) may be treated as trusts under the rules described in Treasury Regulation § 1.457-8(a)(3). 1.22 “Trust Fund.” The trust fund created under and subject to the Trust Agreement or Custodial Agreement, as selected in the Adoption Agreement. 1.23 “Trustee.” The Trustee duly appointed and currently serving under the Trust Agreement if selected in the Adoption Agreement. 1.24 “Valuation Date.” Each business day. II. PARTICIPATION AND CONTRIBUTIONS 2.01 Eligibility. Individuals performing services for the Employer, as selected in the Adoption Agreement, shall be eligible to participate in the Plan upon becoming employed by the Employer unless specifically restricted in the Adoption Agreement. 2.02 Election Required for Participation. An Employee may elect to become a Participant by executing a Participation Agreement to defer a portion of his or her Compensation (and have that amount contributed as an Annual Deferral on his or her behalf) and filing it in good order with the Administrator. In entering into the Participation Agreement, the Participant elects to participate in this Plan and consents to the deferral by the Employer of the amount specified in the Participation Agreement from the Participant’s gross compensation for each payroll period and agrees to be bound by all the terms and conditions of the Plan. Such deferral shall continue in effect until modified, disallowed or revoked in accordance with the terms of this Plan or until the Participant ceases employment with the Employer. Any prior Employee who was a Participant in the Plan and is rehired by Employer may resume participation in the Plan by entering into a Participation Agreement so long as any distributions being taken from this Plan are terminated prior to the resumption of deferrals under the Plan. 170067-01261 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 4 The Employer retains the right to establish minimum deferral amounts per payroll period, and to change such minimums from time to time and to limit the number and/or timing of enrollments into the Plan in the Participation Agreement. No adjustment in future deferrals shall be made if a periodic deferral is missed or is less than the amount elected. The Employer or Administrator shall have the right to modify or disallow the periodic deferral of Compensation elected by the Participant: (a)in excess of the limitations stated in Article III; (b)in excess of the Participant’s net Compensation for any payroll period; (c)upon any change in the length of the payroll period utilized by Employer. In such case the periodic deferral shall be adjusted so that approximately the same percentage of pay shall be deferred on an annual basis; (d)in order to round periodic deferrals to the nearest whole dollar amount; (e)to reduce the future deferrals in the event that the amount actually deferred for any payroll period exceeds, for any reason whatsoever, the amount elected by the Participant. In the alternative, such amount of excess deferral may be refunded to the Participant; or (f)if the deferral elected for any payroll period is less than the minimum amount specified by the Employer or Administrator. The participation election, or such other form as approved by the Administrator, shall include the Employee’s designation of investment funds. Any such election shall remain in effect until a new election is filed. A change in the investment direction shall take effect as of the date provided by the Administrator on a uniform basis for all Employees. The Participant may also designate a Beneficiary(ies) to receive any amounts that may be distributed in the event of death of the Participant prior to the complete distribution of benefits. A Participant may change the designated Beneficiary(ies) at any time by filing such change with the Administrator in a manner approved by the Administrator. A change in the Beneficiary designation shall take effect when the election is accepted by the Administrator. If no such designation is in effect on the Participant’s death, the Beneficiary shall be the Participant’s surviving spouse, if any, or if none, the Participant’s estate. 2.03 Nonelective Employer Contributions. If selected in the Adoption Agreement, the Employer may make nonelective contributions to the Plan in the amounts and to the Employees designated under the Adoption Agreement. 2.04 Commencement of Participation. (a)Voluntary Enrollment. An Employee shall become a Participant as soon as administratively practicable following the date the Employee files a participation election pursuant to Section 2.02. Such election shall become effective no earlier than the calendar month following the month in which the election is made. A new Employee may defer compensation payable in the calendar month during which the Participant first becomes an Employee if an agreement providing for the deferral is entered into on or before the first day on which the Participant performs services for the Employer. (b)Automatic Enrollment. Notwithstanding Section 2.01 and Section 2.02, to the extent permitted by applicable law, the Administrator may establish procedures whereby, as a term or condition of employment, each employee is deemed to have elected to participate in the Plan and consents to the deferral by the Employer of a specified amount (or a uniform percentage of Compensation for an Eligible Automatic Contribution Arrangement intended to satisfy Code § 414(w)) for any payroll period for which a Participation Agreement is not in effect. If such procedures are in place, a Participant may elect a different deferral amount per payroll period, including zero, by entering into a Participation Agreement. This last sentence is not applicable to Participants in a Plan that is a retirement system providing FICA replacement retirement benefits pursuant to regulations under Code § 3121(b)(7)(F). 170067-01262 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 5 For Eligible Automatic Contribution Arrangements intended to satisfy Code § 414(w), in addition to the above, the Administrator shall provide to each Participant affected by this Section 2.04(b) with an annual notice that satisfies the requirements contained in Code § 414(w) and any applicable guidance issued thereunder. These requirements include: (1)A description of the Participant’s rights and obligations under the automatic arrangement that is sufficiently accurate to apprise the Participant of such rights and obligations; (2)Satisfying the requirements for notice contained in Treasury Regulation § 1.401(k)-3(d)(2)(ii); (3)Describing the level of elective contributions that will be made on the Participant’s behalf in the event the Participant does not make an affirmative election; (4)Describing the Participant’s rights to not have automatic elective contributions made to the Plan on the Participant’s behalf; (5)Describing how contributions will be invested absent the Participant’s affirmative investment election; (6)Describing the Participant’s right to make a permissive withdrawal of the automatic elective contributions and the applicable rules governing such withdrawals; and (7)Providing the notice to Participants within a reasonable period of time prior to each Plan Year (or in the year the Employee first becomes eligible to enroll in the Plan, within a reasonable period of time prior to becoming an Eligible Employee). For automatic enrollment arrangements not intending to satisfy Code § 414(w), the Employer must satisfy the requirements of IRS Revenue Ruling 2000-33. 2.05 Information Provided by the Participant. Each Employee enrolling in the Plan should provide to the Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or advisable, in the sole discretion of the Administrator, for the Administrator to administer the plan, including, without limitation, whether the Employee is a participant in any other eligible plan under Code § 457(b). 2.06 Contributions Made Promptly. Annual Deferrals by the Participant under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant’s Account Balance in a manner consistent with the requirements contained in Treasury Regulation § 1.457-8(a)(2)(ii). For this purpose, Annual Deferrals shall be treated as contributed within a period that is not longer than is reasonable for the proper administration if the contribution is made to the Trust Fund within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.07 Amendment of Annual Deferrals Election. Subject to other provisions of the Plan, a Participant may at any time revise his or her participation election, including a change of the amount of his or her Annual Deferrals. Unless the election specifies a later effective date, a change in the amount of the Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable if later. A revocation of deferrals shall take effect as soon as administratively practicable under the Employer’s payroll system. Notwithstanding the above, if a negative election procedure has been implemented pursuant to Section 2.04(b), a Participant may enter into or modify a Participation Agreement at any time to provide for no deferral; provided that Participants in a Plan that is a retirement system providing FICA replacement retirement benefits pursuant to regulations under Code § 3121(b)(7)(F) are not permitted to modify their Participation Agreement to provide for no deferrals or to revoke their Participation Agreement. 2.08 Leave of Absence. Unless an election is otherwise revised, if a Participant is absent from work by leave of absence, Annual Deferrals under the Plan shall continue to the extent that Compensation continues. 170067-01263 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 6 2.09 Disability. A disabled Participant may elect to make Annual Deferrals during any portion of the period of his or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment. 2.10 Revocation of Deferrals. In addition to a Participant’s ability to change or revoke an election as described in Section 2.07, a Participant’s request for a distribution in the event of an Unforeseeable Emergency as defined in Section 5.05(b) shall in addition be treated as a request for revocation of deferrals as of a date determined by the Administrator for the period of time determined under Section 5.05(f). Revocation of deferrals is not a distributable event, however, and the Participant’s Account may only be distributed as provided in Article V. 2.11 Re-Enrollment. A Participant who revokes the Participation Agreement may again become a Participant at the times and in the manner authorized by the Administrator, by entering into a new Participation Agreement to defer Compensation payable no earlier than the first payroll period after the first day of the month after such new Participation Agreement is entered into by the Participant and accepted by the Administrator. 2.12 Designated Roth Contributions. (a)Designated Roth Contributions. If authorized by the Employer in the Adoption Agreement, each Participant may make designated Roth Contributions; provided, however, that a Participant shall not make a Roth Contribution to the Plan for any Plan Year to the extent such Roth Contribution would exceed the limitations of Article III. (1)General Application. This Subsection will apply to designated Roth Contributions beginning with the effective date specified in the Adoption Agreement but in no event before the first day of the first taxable year beginning on or after January 1, 2011. (i) As of the effective date under (1), the Plan will accept elective deferrals designated as Roth Contributions made on behalf of Participants. A Participant’s designated Roth Contributions will be allocated to a separate account maintained for such deferrals as described in (2). (ii)Unless specifically stated otherwise, designated Roth Contributions will be treated as Elective Deferrals for all purposes under the Plan. (2)Separate Accounting. Contributions and withdrawals of designated Roth Contributions will be credited and debited to the Roth Contribution Account maintained for each Participant. (i)The Plan will maintain a record of the amount of designated Roth Contributions in each Participant’s Roth Contribution Account. (ii)Gains, losses and other credits or charges must be separately allocated on a reasonable and consistent basis to each Participant’s Roth Contribution Account and the Participant’s other accounts under the Plan. (iii)No contributions other than designated Roth Contributions and properly attributable earnings will be credited to each Participant’s Roth Contribution Account. (3)Designated Roth Contributions Defined. A Designated Roth Contribution is an elective deferral that is: (i)Designated irrevocably by the Participant at the time of the deferral election as a Roth Contribution that is being made in lieu of all or a portion of the pre-tax deferrals the Participant is otherwise eligible to make under the Plan; and 170067-01264 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 7 (ii)Treated by the Employer as includible in the Participant’s income at the time the Participant would have received that amount in cash if the Participant had not made a deferral election III. LIMITATIONS ON AMOUNTS DEFERRED 3.01 Basic Annual Limitation Effective for Calendar Years On and After January 1, 2002. The maximum amount of the Annual Deferral under the Plan for any calendar year shall not exceed the lesser of (i) the Applicable Dollar Amount or (ii) the Participant’s Includible Compensation for the calendar year. The Applicable Dollar Amount is the amount established under Code § 457(e)(15) applicable as follows: $11,000 for 2002; $12,000 for 2003; $13,000 for 2004; $14,000 for 2005; and $15,000 for 2006 and thereafter. After 2006, the Applicable Dollar Amount is adjusted for cost-of-living under Code § 457(e)(15)(B). The Annual Deferral amount does not include any rollover amounts received by the Plan under Treasury Regulation § 1.457-10(e). 3.02 Age 50 Catch-up Annual Deferral Contributions. A Participant who will attain age 50 or older by the end of the calendar year is permitted to elect an additional amount of Annual Deferrals, up to the maximum age 50 catch-up Annual Deferrals for the year. The maximum dollar amount of the age 50 catch-up Annual Deferrals for a year is as follows: $1,000 for 2002; $2,000 for 2003; $3,000 for 2004; $4,000 for 2005; $5,000 for 2006 and thereafter. After 2006, the $5,000 amount is adjusted for cost-of-living under Code § 414(v)(2)(C). Age 50 catch-up contributions are subject to the requirements of Code § 414(v). 3.03 Special § 457 Catch-up Limitations for Calendar Years Beginning On and After January 1, 2002. If the applicable year is one of a Participant’s last three calendar years ending before the year in which the participant attains Normal Retirement Age and the amount determined under this Section exceeds the amount computed under Sections 3.01 and 3.02, then the Annual Deferral limit under this Section shall be the lesser of: (a)an amount equal to two times the Section 3.01 applicable dollar limit for such year; or (b)the sum of: (1)An amount equal to the aggregate Section 3.01 limit for the current year plus each prior calendar year beginning after December 31, 2001, during which the Participant was an Employee under the Plan, minus the aggregate amount of Compensation that the Participant deferred under the Plan during such years, plus (2)An amount equal to the aggregate limit referred to in Code § 457(b)(2) for each prior calendar year beginning after December 31, 1978, and before January 1, 2002, during which the Participant was an Employee (determined without regard to Sections 3.02 and 3.03), minus the aggregate contributions to Pre-2002 Coordination Plans for such years. However, in no event can the deferred amount be more than the Participant’s Compensation for such years unless the Employer is making non-elective Employer contributions. 170067-01265 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 8 3.04 Coordination of Age 50 Catch-up with Special § 457 Catch-up. The Age 50 Catch-up does not apply for any taxable year for which a higher limitation applies under the Special § 457 Catch-up described in Section 3.03. A Participant who is eligible for the Age 50 Catch-up for a Plan Year and for whom the Plan Year is also one of the Participant’s last three taxable years ending before the Participant attains Normal Retirement Age is eligible for the larger of: (a)The basic annual limitation described in Section 3.01 and the Age 50 Catch-up described in Section 3.02, or (b)The Special § 457 Catch-up described in Section 3.03. 3.05 Special Rules. For purposes of this Article III, the following rules shall apply: (a)Participant Covered By More Than One Eligible Plan. If the Participant is or has been a participant in one or more other eligible plans within the meaning of Code § 457(b), then this Plan and all such other plans shall be considered as one plan for purposes of applying the foregoing limitations of this Article III. For this purpose, the Administrator shall take into account any other such eligible plan maintained by the Employer and shall also take into account any other such eligible plan for which the Administrator receives from the Participant sufficient information concerning his or her participation in such other plan. (b)Pre-Participation Years. In applying Section 3.03, a year shall be taken into account only if the Participant was eligible to participate in the Plan during all or a portion of the year and Compensation deferred, if any, under the Plan during the year was subject to the Basic Annual Limitation described in Section 3.01 or any other plan ceiling required by Code § 457(b). (c)Pre-2002 Coordination Years. For purposes of Section 3.03(b)(2), “contributions to Pre-2002 Coordination Plans” means any employer contribution, salary reduction or elective contribution under any other eligible Code § 457(b) plan, or a salary reduction or elective contribution under any Code § 401(k) qualified cash or deferred arrangement, Code § 402(h)(1)(B) simplified employee pension (SARSEP), Code § 403(b) annuity contract, and Code § 408(p) simple retirement account, or under any plan for which a deduction is allowed because of a contribution to an organization described in Code § 501(c)(18), including plans, arrangements or accounts maintained by the Employer or any employer for whom the Participant performed services. However, the contributions for any calendar year are only taken into account for purposes of Section 3.03(b)(2) to the extent that the total of such contributions does not exceed the aggregate limit referred to in Code § 457(b)(2) for that year. (d)Disregard Excess Deferral. For purposes of Sections 3.01, 3.02 and 3.03, an individual is treated as not having deferred Compensation under a plan for a prior taxable year to the extent Excess Deferrals under the plan are distributed, as described in Section 3.06. To the extent that the combined deferrals for pre-2002 years exceeded the maximum deferral limitations, the amount is treated as an Excess Deferral for those prior years. 3.06 Correction of Excess Deferrals. If the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above, or the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above when combined with other amounts deferred by the Participant under another eligible deferred compensation plan under Code § 457(b) for which the Participant provides information that is accepted by the Administrator, then the Annual Deferral, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto in accordance with applicable guidance), shall be distributed to the Participant. 3.07 Protection of Persons Who Serve in a Uniformed Service. An Employee whose employment is interrupted by qualified military service under Code § 414(u) may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Employee could have elected during that period if the Employee's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). 170067-01266 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 9 IV. LOANS If so specified in the Adoption Agreement, a Participant who is an Employee may apply for and receive a loan from his or her Account Balance as provided in this Article IV or pursuant to a loan policy executed by the Plan Administrator. Any such loan may not be for an amount less than the minimum amount specified by the Administrator. If not specified by the Administrator, the minimum loan amount shall be $1,000. Except as modified by the loan policy adopted by the Plan Administrator from time to time, the following rules shall apply to loans under the Plan. Any loans that are issued under the Plan shall be administered in a manner consistent with the requirements contained in Code § 72(p), Treasury Regulation § 1.72(p)-1 and any other applicable guidance issued thereunder. 4.01 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of: (a)$50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Administrator (not taking into account any payments made during such one-year period), or (b)one-half of the value of the Participant's vested Account Balance. For purposes of this Section 4.02, any loan from any other plan maintained by the Employer shall be treated as if it were a loan made from this Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this Section 4.02 to exceed the amount that would otherwise be permitted in the absence of this paragraph. 4.02 Loan Provisions. The terms of the loan shall: (a)require level amortization with payments not less frequently than quarterly throughout the repayment period, except that alternative arrangements for repayment may apply in the event that the borrower is on a bona fide unpaid leave of absence for a period not to exceed one year for leaves other than a qualified military leave within the meaning of Code § 414(u) or for the duration of an interruption of employment which is due to qualified military service; (b)require that the loan be repaid within five years unless the Participant certifies in writing to the Administrator that the loan is to be used to acquire any dwelling unit which within a reasonable time is to be used (determined at the time the loan is made) as a principal residence of the Participant; and (c)provide for a reasonable rate of interest to be fixed by the Administrator from time to time. The Administrator shall not discriminate among Participants in the matter of interest rates, but loans granted at different times may bear different interest rates based upon prevailing rates at the time. A loan to a Participant shall be considered a directed investment option for such Participant’s account balance. 4.03 Security for Loan; Default. (a)Security. Any loan to a Participant under the Plan shall be secured by the pledge of the portion of the Participant's interest in the Plan invested in such loan. (b)Default. In the event that a Participant fails to make a loan payment under this Article IV by the end of the calendar quarter following the calendar quarter in which such payment was due, a default on the loan shall occur. In the event of such default; (1)all remaining payments on the loan shall be immediately due and payable; (2)interest will continue to accrue on the unpaid balance until the loan is repaid in full; and 170067-01267 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 10 (3)the Participant shall be permanently ineligible for any future loans from the Plan unless, in the Administrator’s sole discretion, the Participant is deemed to be credit worthy and agrees to repay the loan through payroll deduction. In the case of any default on a loan to a Participant, the Administrator shall apply the portion of the Participant's interest in the Plan held as security for the loan in satisfaction of the loan on the date of Severance from Employment. In addition, the Administrator shall take any legal action it shall consider necessary or appropriate to enforce collection of the unpaid loan, with the costs of any legal proceeding or collection to be charged to the Account Balance of the Participant. Notwithstanding anything elsewhere in the Plan to the contrary, in the event a loan is outstanding hereunder on the date of a Participant's death, his or her estate shall be his or her Beneficiary as to the portion of his or her interest in the Plan invested in such loan (with the Beneficiary or Beneficiaries as to the remainder of his or her interest in the Plan to be determined in accordance with otherwise applicable provisions of the Plan). 4.04 Repayment. The Participant shall be required, as a condition to receiving a loan, to enter into an irrevocable agreement authorizing Employer to make payroll deductions from his or her Compensation so long as the Participant is an Employee and to transfer such payroll deduction amounts to the Trustee in payment of such loan plus interest. Repayments of a loan shall be made by payroll deduction of equal amounts (comprised of both principal and interest) from each paycheck, with the first such deduction to be made as soon as practicable after the loan funds are disbursed; provided, however, a Participant may prepay the entire outstanding balance of his loan at any time; and provided, further, that if any payroll deductions cannot be made in full because a Participant is on an unpaid leave of absence or is no longer employed by the Employer or the Participant's paycheck is insufficient for any other reason, the Participant shall pay directly to the Plan the full amount that would have been deducted from the Participant's paycheck, with such payment to be made by the last business day of the calendar month in which the amount would have been deducted. Loan repayments are, at the Employer’s election, suspended for Qualified Military Service as permitted by Code § 414(u)(4). V. BENEFIT DISTRIBUTIONS 5.01 Distributions from the Trust. The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the Trustee, or by any custodian or other person so authorized by the Employer to make such distribution. Neither the Administrator, the Trustee, the Custodian nor any other person shall be liable with respect to any distribution from the Trust made at the direction of the Employer or a person authorized by the Employer to give disbursement direction. 5.02 Conditions for Distributions. (a)§ 457(b) Deferred Compensation. Payments from a Participant’s § 457(b) Deferred Compensation account shall not be made to the Participant or Beneficiary earlier than: (1)the Participant’s Severance from Employment or death pursuant to Sections 5.03 and 5.06; (2)the Participant’s account meets all of the requirements for an in-service de minimis distribution pursuant to Section 5.04(a) and/or (b); (3)the Participant incurs an approved Unforeseeable Emergency pursuant to Section 5.05; (4)the Participant at anytime elects to receive a distribution of all or any portion of the amount of rollover contributions held in the separate rollover account(s) pursuant to Section 5.04(c); 170067-01268 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 11 (5)the calendar year in which an in-service Participant attains age 70 ½ pursuant to Section 5.04(d); or (6)Plan termination under Section 11.01. (b)Latest Distribution Date. To comply with Code § 401(a)(9) and the Treasury regulations issued thereunder, in no event, shall any distribution to a Participant under this Article V begin later than the April 1 of the year following the calendar year in which the participant attains age 70 ½ or April 1 of the year following the year in which the Participant retires or otherwise has a Severance from Employment, whichever is later. If the Participant delays the distribution due in the calendar year he turns age 70 ½ or severs employment, as applicable, to the following calendar year, a second required minimum distribution must be taken by the end of that calendar year. Such distributions must be made in accordance with Section 5.06. 5.03 Severance from Employment for Any Reason, Including Retirement. (a)Subject to Section 5.03(b), distributions to a Participant shall commence following Severance from Employment, on the regular distribution commencement date (as the Employer or Administrator may establish from time-to-time) elected by the Participant, in a form and manner determined pursuant to Sections 5.07, 5.08 and 5.09. If the Participant does not elect otherwise, the distribution shall be paid commencing on the Participant’s Required Beginning Date under a payment method meeting the requirements of Code § 401(a)(9) and the regulations thereunder. (b)If, in the Adoption Agreement, the Plan elected mandatory distributions of Account Balances of $1,000 or less and if the Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover or to receive the distribution directly, then the Administrator will pay the distribution in a lump sum to the Participant at the Participant’s last known mailing address. If, in the Adoption Agreement, the Plan elected mandatory distributions of amounts greater than $1,000 but not greater than $5,000, and if the Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover or to receive the distribution directly, then the Administrator will pay the distribution amount in a direct rollover to an individual retirement plan designated by the plan administrator. 5.04 In-Service Distributions. (a)Voluntary In-Service Distribution of De Minimis Accounts. A Participant who is an active Employee may elect to receive a distribution of the total amount payable to the Participant under the Plan if the following requirements are met: (1)the portion of the total amount payable to the Participant under the Plan does not exceed an amount specified from time to time by the Administrator (not in excess of $5,000 or other applicable limit under the Code); (2)the Participant has not previously received an in-service distribution of the total amount payable to the Participant under the Plan; and (3)no amount has been deferred under the Plan with respect to the Participant during the two-year period ending on the date of the in-service distribution. (b)Involuntary In-Service Distribution of De Minimis Accounts. If so elected in the Adoption Agreement, the Administrator shall distribute the total amount payable under the Plan to a Participant who is an active Employee if the following requirements are met: (1)the Participant has not previously received an in-service distribution of the total amount payable to the Participant under the Plan; 170067-01269 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 12 (2)no amount has been deferred under the Plan with respect to the Participant during the two-year period ending on the date of the in-service distribution; and (3)the total amount payable to the Participant under the Plan, does not exceed the amount selected in the Adoption Agreement. If, in the Adoption Agreement, the Plan elected mandatory distributions of $1,000 or less, and if the Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover or to receive the distribution directly, then the Administrator will pay the distribution in a lump sum to the Participant at the Participant’s last known mailing address. If, in the Adoption Agreement, the Plan elected mandatory distributions greater than $1,000 but not greater than $5,000, and if the Participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the Participant in a direct rollover or to receive the distribution directly, then the Administrator will pay the distribution in a direct rollover to an individual retirement plan designated by the plan administrator. (c)Rollovers. If a Participant has a separate account attributable to rollover contributions to the Plan, the Participant may, at any time, elect to receive a distribution of all or any portion of the amount held in the rollover account(s). (d)Calendar Year Participant Attains Age 70 ½. The Participant may request an in-service distribution in the calendar year the Participant will/has attained age 70 ½ or older, (e)FICA Replacement Plan Exception. As indicated in the Adoption Agreement, Participants in a Plan intended to qualify as a retirement system providing FICA replacement retirement benefits pursuant to regulations under Code § 3121(b)(7)(F) are not eligible for In-Service De Minimis or in-service age 70 ½ distributions prior to severance. 5.05 Unforeseeable Emergency Distributions. (a)Distribution. If the Participant or Beneficiary has an Unforeseeable Emergency before retirement or other Severance from Employment by Participant, the Participant may elect to receive a lump sum distribution equal to the amount requested or, if less, the maximum amount determined by the Administrator to be permitted to be distributed under this Section 5.05 and Treasury Regulation § 1.457-6(c). (b)Unforeseeable Emergency Defined. Pursuant to Treasury Regulation § 1.457-6(c)(2), An unforeseeable emergency must be defined in the plan as a severe financial hardship of the participant or beneficiary resulting from an illness or accident of the participant or beneficiary, the participant's or beneficiary's spouse, or the participant's or beneficiary's dependent (as defined in section 152, and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), (b)(2), and (d)(1)(B)); loss of the participant's or beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, such as damage that is the result of a natural disaster); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant or the beneficiary. For example, the imminent foreclosure of or eviction from the participant's or beneficiary's primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable emergency. Finally, the need to pay for the funeral expenses of a spouse or a dependent (as defined in section 152, and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), (b)(2), and (d)(1)(B)) of a participant or beneficiary may also constitute an unforeseeable emergency. Except as otherwise specifically provided in this paragraph (c)(2)(i) of Treasury Regulation § 1.457-6, the purchase of a home and the payment of college tuition are not unforeseeable emergencies under paragraph (c)(2)(i) of Treasury Regulation § 1.457-6. (c)Unforeseeable Emergency Distribution Standard. A distribution on account of Unforeseeable Emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the Participant's assets, to the extent the 170067-01270 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 13 liquidation of such assets would not itself cause severe financial hardship or by cessation of deferrals under the Plan. (d)Distribution Necessary to Satisfy Emergency Need. Distributions because of an Unforeseeable Emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any federal, state or local income taxes or penalties reasonably anticipated to result from the distribution). (e)The Administrator shall have the right to request and review all pertinent information necessary to assure that Unforeseeable Emergency withdrawal requests are consistent with the provisions of Code § 457. (f)The Employer or Administrator may suspend the Participant’s salary deferral election during the pendency of the Participant’s request for an Unforeseeable Emergency distribution. Payment of an Unforeseeable Emergency distribution shall result in mandatory suspension of deferrals for a minimum of six months from the date of payment (or such other period as mandated in applicable Treasury regulations). (g)As indicated in the Adoption Agreement, Participants in a Plan that is a retirement system providing FICA replacement retirement benefits pursuant to regulations under Code § 3121(b)(7)(F) are not eligible for Unforeseeable Emergency distributions. 5.06 Death Benefit Distributions. Upon receipt of satisfactory proof of the Participant’s death, the Participant’s remaining Account Balance shall be paid under a method satisfying the required minimum distribution rules of Code § 401(a)(9) and the Treasury regulations thereunder. In the case of a Participant who dies while performing Qualified Military Service under Code § 414(u), the Beneficiaries of the Participant shall, to the extent required by Code § 401(a)(37), be entitled to any additional benefits (other than benefit accruals relating to the period of Qualified Military Service) that would be provided under the Plan had the Participant resumed and then terminated employment on account of death. (a)Death of Participant Before Participant’s Required Beginning Date. If the Participant dies before the required beginning date, the Participant’s entire interest will be distributed, or begin to be distributed, no later than as follows: (1)If the Participant's surviving spouse is the Participant’s sole designated Beneficiary, then, except as provided in Section 5.06(e) and unless the surviving spouse elects the five-year rule, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died or by December 31 of the calendar year in which the Participant would have attained age 70½, if later. A Beneficiary is deemed to elect the five-year rule if distributions do not begin by the required beginning date provided in this Section. (2)If the Participant’s surviving spouse is not the Participant’s sole designated Beneficiary, then, unless the Beneficiary elects the five-year rule, distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. A Beneficiary is deemed to elect the five-year rule if distributions do not begin by the required beginning date provided in this Section. (3)If there is no designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (4)If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, 170067-01271 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 14 this Section 5.06(a), other than Section 5.06(a)(1), will apply as if the surviving spouse were the Participant. For purposes of this Section 5.06(a) and Section 5.06(e) unless Section 5.06(a)(4) applies, distributions are considered to begin on the Participant's required beginning date. If Section 5.06(a)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 5.06(a)(1). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under Section 5.06(a)(1)), the date distributions are considered to begin is the date distributions actually commence. (b)Forms of Distribution. Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Section 5.06. If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code § 401(a)(9) and the Treasury regulations. (c)Amount of Required Minimum Distribution for Each Distribution Calendar Year During the Participant’s Lifetime. During the Participant’s lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (1)the quotient obtained by dividing the Participant's Account Balance by the distribution period in the Uniform Lifetime Table set forth in Treasury Regulation § 1.401(a)(9)-9, using the Participant’s age as of the Participant’s birthday in the distribution calendar year; or (2)if the Participant’s sole designated Beneficiary for the distribution calendar year is the Participant’s spouse, the quotient obtained by dividing the Participant’s Account Balance by the number in the Joint and Last Survivor Table set forth in Treasury Regulation § 1.401(a)(9)-9, using the Participant’s and spouse’s attained ages as of the Participant’s and spouse’s birthdays in the distribution calendar year. (d)Lifetime Required Minimum Distributions Continue Through Year of Participant’s Death. Required minimum distributions will be determined under Sections 5.06(c) and (d) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant’s date of death. (e)Amount of Required Minimum Distribution Where Death Occurs On or After Participant’s Required Beginning Date. (1)Participant Survived by Designated Beneficiary. If the Participant dies on or after the Participant’s required beginning date and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant’s death is the quotient obtained by dividing the Participant's Account Balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant’s designated Beneficiary, determined as follows: (i)The Participant’s remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (ii)If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant’s death using the surviving spouse’s age as of the spouse’s birthday in that year. For distribution calendar years after the year of the surviving spouse’s death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse’s birthday in the calendar year of the spouse’s death, reduced by one for each subsequent calendar year. 170067-01272 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 15 (iii) If the Participant’s surviving spouse is not the Participant’s sole designated Beneficiary, the designated Beneficiary’s remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant’s death, reduced by one for each subsequent year. (2)No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the calendar year following the calendar year of the Participant’s death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant’s death is the quotient obtained by dividing the Participant's Account Balance by the Participant’s remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (f)Amount of Required Minimum Distribution Where Death Occurs Before Participant’s Required Beginning Date. (1)Participant Survived by Designated Beneficiary. If the Participant dies before the required beginning date and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the calendar year of the Participant’s death is the quotient obtained by dividing the Participant's Account Balance by the remaining life expectancy of the Participant’s designated Beneficiary, determined as provided in Section 5.06(e). (2)No Designated Beneficiary. If the Participant dies before the required beginning date and there is no designated Beneficiary as of September 30 of the calendar year following the calendar year of the Participant’s death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (3)Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the required beginning date, the Participant’s surviving spouse is the Participant’s sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 5.06(a)(1), this Section 5.06(f)(3) will apply as if the surviving spouse were the Participant. (g)Designated Beneficiary. The individual who is designated as the Beneficiary under the Plan and is the designated Beneficiary under Code § 401(a)(9) and Treasury Regulation § 1.401(a)(9)-1, Q&A-4. (h)Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant’s death, the first distribution calendar year is the calendar year in which distributions are required to begin under Section 5.06(a). The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year. (i)Life Expectancy. Life expectancy as computed by use of the Single Life Table in Treasury Regulation § 1.401(a)(9)-9. (j)Participant’s Account Balance. The Account Balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the Account Balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The Account Balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. 170067-01273 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 16 (k)Required Beginning Date. The date specified under Code § 401(a)(9) when distributions are required to begin, which, for a Participant, is April 1 following the year the Participant attains age 70 ½ or retires and severs service with the Employer, whichever is later. 5.07 Payment Options. A payee’s election of a payment option must be made prior to the date that the payment of benefits is to commence or such earlier date as may be permitted by the Plan. If a timely election of a payment option is not made, benefits shall be paid in accordance with Section 5.08. Subject to applicable law and the other provisions of this Plan, distributions may be made in accordance with one of the following payment options if selected in the Adoption Agreement. (a)A single lump-sum payment of the entire Account Balance; (b)Installment payments for a period of years (payable on a monthly, quarterly, semi-annual, or annual basis) which extends no longer than the life expectancy of the payee as permitted under Code § 401(a)(9) using the Tables in Treasury Regulation § 1.401(a)(9)-9. The Account Balance for this calculation (other than the final installment payment) is the Account Balance as of the end of the year prior to the year for which the distribution is being calculated; (c)Partial lump-sum payment of a designated amount, with the balance payable in installment payments for a period of years, as described in subsection (b); (d)Annuity payments (payable on a monthly, quarterly or annual basis) for the lifetime of the payee or for the lifetimes of the payee and Beneficiary in compliance with Code § 401(a)(9); (e)Such other forms of installment payments as may be approved by the Employer consistent with the requirements of Code § 401(a)(9); or (f)A Participant who is an eligible retired public safety officer, as defined under Code § 402(l)(4)(B), may elect to have distributions made directly to an insurer to pay qualified health insurance premiums for coverage for the eligible retired public safety officer, his/her spouse and dependents, by an accident of health insurance plan or qualified long-term care insurance contract as defined in Code § 7703B(b). Any elections and distributions under this Section 5.07(f) shall be made in a manner consistent with the requirements and limits contained in Code § 402(l) and any applicable guidance issued thereunder. 5.08 Default Distribution Option. In the absence of an effective election by the Participant as to the commencement and/or form of benefits, distributions shall be made in accordance with the applicable requirements of Code §§ 401(a)(9) and 457(d), and final Treasury regulations thereunder. In the absence of an effective election by the Beneficiary or Alternate Payee as to the commencement and/or form of benefits, distribution shall be made in a lump sum. 5.09 Limitations on Distribution Options. Notwithstanding any other provision of this Article V, Plan distributions shall satisfy the requirements of this Section 5.09. (a)No distribution option may be selected by a payee under this Article V unless it satisfies the applicable requirements of Code §§ 401(a)(9) and 457(d), and final Treasury regulations thereunder. (b)The terms of this Article V shall be construed in accordance with all applicable Code sections. 5.10 Eligible Rollover Distributions. (a)General.Notwithstanding any provision of the Plan to the contrary that would otherwise limit an election under this Section, a Participant, the surviving spouse of a Participant (or a Participant’s former spouse who is the Alternate Payee under a qualified domestic relations order as defined in Code § 414(p)) (herein collectively called “distributee”) may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan in a direct rollover or an in-plan Roth direct rollover. A non-spousal Beneficiary may elect, at the time and in 170067-01274 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 17 the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution paid in a direct rollover to an inherited IRA referred to in Code § 402(c)(11). (b)Definitions. For purposes of this Section, the following definitions shall apply. (1)Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee or the non-spousal Beneficiary, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated Beneficiary, or for a specified period of 10 years or more; any distribution to the extent such distribution is required under Code § 401(a)(9); any deemed distribution under the provisions of Code § 72(p); the portion of any distribution that is not includable in gross income; any distribution of excess deferrals; and any distribution on account of an Unforeseeable Emergency. (2)Eligible Retirement Plan. An eligible retirement plan is any plan described in Code § 402(c)(8). An eligible retirement plan is described as an individual retirement account described in Code § 408(a), an individual retirement annuity described in Code § 408(b), a Roth IRA* described in Code §408A, an annuity plan described in Code § 403(a), a qualified trust described in Code § 401(a) (including § 401(k)), a tax-sheltered annuity described in Code § 403(b) or another eligible deferred compensation plan described in Code § 457(b) that accepts the distributee’s eligible rollover distribution. *Effective for distributions made on/after January 1, 2008, an eligible retirement plan includes a Roth IRA described in Code § 408A. (3)Distributee. A distributee includes an Employee or former Employee, the Employee’s or former Employee’s surviving spouse and the Employee’s or former Employee’s spouse or former spouse who is the Alternate Payee under a qualified domestic relations order, as defined in Code § 414(p), are distributees with regard to the interest of the spouse or former spouse. (4)Direct Rollover. A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee or to the inherited IRA specified by the non-spousal Beneficiary. 5.11 Elections. Elections under this Section shall be made in such form and manner as the Administrator may specify from time to time. To the extent permitted by and in accordance with the Code, any irrevocable elections as to the form or timing of distributions executed prior to January 1, 2002, are hereby revoked. 5.12 Practices and Procedures. The Employer or Plan Administrator may adopt practices and procedures applicable to existing and new distribution elections. 5.13 Taxation of Distributions. To the extent required by law, income and other taxes shall be withheld from each benefit payment and payments shall be reported to the appropriate governmental agency or agencies. 5.14 Required Minimum Distribution Waiver of 2009. Notwithstanding any other provisions of Article V. of the Plan, a Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of section 401(a)(9)(H) of the Code (“2009 RMDs”), and who would have satisfied that requirement by receiving distributions that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially equal distributions (that include the 2009 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant’s designated Beneficiary, or for a period of at least 10 years (“Extended 2009 RMDs”), will receive those distributions for 2009 unless the Participant or Beneficiary chooses not to receive such distributions. Participants and Beneficiaries described in the preceding sentence will be given the opportunity to elect to stop receiving the distributions described in the preceding sentence. If the Participant or Beneficiary has not elected to receive a 2009 RMD or Extended 2009 RMD then the Participant or Beneficiary will not receive a 2009 or Extended 2009 RMD unless the Participant elects to receive the distribution(s). 170067-01275 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 18 VI. ROLLOVERS AND TRANSFERS 6.01 Eligible Rollover Contributions to the Plan. (a)If so specified in the Adoption Agreement, and only to the extent so specified, a Participant who is entitled to receive an eligible rollover distribution from another eligible retirement plan may request to have all or a portion of the eligible rollover distribution paid to the Plan. The Administrator may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with Code § 402 and to confirm that such plan is an eligible retirement plan within the meaning of Code § 402(c)(8)(B). (b)In-Plan Roth Rollover.If so specified in the Adoption Agreement, and only to the extent so specified, a Participant, the surviving spouse of a Participant (or a Participant’s former spouse who is the Alternate Payee under a qualified domestic relations order as defined in Code § 414(p)) (herein collectively called “distributee”) may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution paid to the Plan in an in-plan Roth rollover to the distributee’s Designated Roth Contribution Account. A loan transferred in an in-plan Roth direct rollover without changing the repayment schedule is not treated as a new loan for purposes of Code § 72(p). The amount rolled over in an in-plan Roth direct rollover continues to be taken into consideration for mandatory distributions. (c)For purposes of Section 6.01(a), an eligible rollover distribution means any distribution of all or any portion of a Participant's benefit under another eligible retirement plan, as defined in Section 5.10(b)(2), except that an eligible rollover distribution does not include: (1)any installment payment for a period of 10 years or more, (2)any distribution made as a result of an unforeseeable emergency or other distribution which is made upon hardship of the employee, (3)any deemed distribution under the provisions of Code § 72(p), (4)the portion of any distribution that is not includable in gross income, (5)any distribution of excess deferrals or (6)for any other distribution, the portion, if any, of the distribution that is a required minimum distribution under Code § 401(a)(9). (c)Notwithstanding any other provisions of Section 6.01 of the Plan, and solely for purposes of applying the rollover provisions of the Plan, 2009 RMDs and Extended 2009 RMDs, will be treated as eligible rollover distributions. (d)The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any eligible retirement plan that is not an eligible governmental plan under Code § 457(b). The Plan shall establish and maintain a separate account for any Roth Contributions paid to the Plan from any eligible retirement plan that is not an eligible governmental plan under Code §457(b). In addition, the Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any eligible governmental plan under Code § 457(b). The Plan shall establish and maintain a separate account for any Roth Contributions paid to the Plan from any eligible retirement plan that is an eligible governmental plan under Code §457(b). (e)Notwithstanding the above, unless otherwise provided by the Employer in the Adoption Agreement, the Plan will accept a rollover contribution from another Roth Contribution Account under an applicable retirement plan described in Code § 402A(e)(1) and only to the extent the rollover is permitted under the rules of Code § 402(c) and § 1.402A-2 of the Treasury regulations. The Plan Administrator or other responsible party must provide the Plan with a statement indicating the first year of the five-taxable-year 170067-01276 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 19 period and the portion of the rollover distribution that is attributable to investment in the contract under Code § 72 or a statement that the distribution is a qualified distribution. 6.02 Plan-to-Plan Transfers to the Plan.At the direction of the Employer, the Administrator may permit a class of Participants who are participants in another eligible governmental plan under Code § 457(b) to transfer assets to the Plan as provided in this Section 6.02. Such a transfer is permitted only if the other plan provides for the direct transfer of each Participant's interest therein to the Plan. The Administrator may require in its sole discretion that the transfer be in cash or other property acceptable to the Administrator. The Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Code § 457(e)(10) and Treasury Regulation § 1.457-10(b) and to confirm that the other plan is an eligible governmental plan as defined in Treasury Regulation § 1.457-2(f). The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral under Article III. 6.03 Plan-to-Plan Transfers from the Plan. (a)At the direction of the Employer, the Administrator may permit a class of Participants and Beneficiaries to elect to have all or any portion of their Account Balance transferred to another eligible governmental plan within the meaning of Code § 457(b) and Treasury Regulation § 1.457-2(f). An in-service transfer is permitted under this Section only if the Participant is transferring to another eligible governmental plan maintained by Employer. In all other circumstances, a transfer is permitted under this Section 6.03(a) for a Participant only if the Participant has had a Severance from Employment with the Employer and is an Employee of the entity that maintains the other eligible governmental plan. Further, a transfer is permitted under this Section 6.03(a) only if the other eligible governmental plan provides for the acceptance of plan-to- plan transfers with respect to the Participants and Beneficiaries and for each Participant and Beneficiary to have an amount deferred under the other plan immediately after the transfer at least equal to the amount transferred. (b)Upon the transfer of assets under this Section 6.03, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section 6.03 (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 6.03 and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to Treasury Regulation § 1.457- 10(b). 6.04 Permissive Service Credit Transfers. (a)If a Participant is also a participant in a tax-qualified defined benefit governmental plan (as defined in Code § 414(d)) that provides for the acceptance of plan-to-plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Participant's Account Balance transferred to the defined benefit governmental plan. A transfer under this Section 6.04(a) may be made before the Participant has had a Severance from Employment. (b)A transfer may be made under Section 6.04(a) if the transfer is either for the purchase of permissive service credit (as defined in Code § 415(n)(3)(A)) under the receiving defined benefit governmental plan or a repayment to which Code § 415 does not apply by reason of Code § 415(k)(3) or as otherwise allowed by the Internal Revenue Service. (c)As indicated in the Adoption Agreement, Participants in a Plan that is a retirement system providing FICA replacement retirement benefits pursuant to regulations under Code §3121(b)(7)(F) are not eligible for permissive service credit transfers prior to a Severance of Employment. 170067-01277 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 20 VII. CREATION OF TRUST AND TRUST FUND 7.01 Trust Fund. All amounts of Annual Deferrals, all property and rights purchased with such amounts and all income attributable to such amounts, property or rights shall be held and invested in the Trust Fund in accordance with this Plan and the Trust Agreement. The Trust Fund, and any sub trust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust under applicable state law. The Trustee shall ensure that all investments, amounts, property and rights held under the Trust Fund are held for the exclusive benefit of Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible, prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. The trust requirement of Code § 457(g) may be satisfied by a trust agreement, a custodial agreement or the annuity contract, if any. The trust requirement shall be satisfied in the manner specified in the Adoption Agreement. If so elected in the Adoption Agreement, the Employer or certain Employees of (or holders of certain positions with) the Employer shall be named as Trustee in the Adoption Agreement and Plan assets shall be set aside in trust pursuant to this Article VII. If the Employer does not elect to self-trustee the Plan, the Employer must elect one of the following options in the Adoption Agreement: (a)Plan assets will be set aside in trust pursuant to a separate written trust agreement entered into between the Employer and the bank or trust company named as Trustee named in the Adoption Agreement. The Employer shall enter into a separate written trust agreement with the Trustee. (b)Plan assets shall be set aside in one or more annuity contracts issued by an insurance company qualified to do business in the state where the contract is issued. The owner of the annuity contract is the “deemed trustee” of the assets invested under the contract for purposes of Code § 457(g). (c)Plan assets shall be set aside in one or more custodial accounts described in Code § 401(f) with the bank or trust company named in the Adoption Agreement as Custodian and “deemed trustee” for purposes of Code § 457(g). The Employer shall enter into a separate written custodial agreement with the Custodian. 7.02 Establishment of Trust. The Employer or named Employees of Employer (or certain holders of positions with the Employer) named in the Adoption Agreement shall serve as Trustee of a Trust hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants and Beneficiaries. The Trust shall consist of all contributions made under the Plan and the investment earnings thereon. All contributions and the earnings thereon less payments made under the terms of the Plan, including fees and expenses, shall constitute the Trust. Except to the extent that the Employer enters into a separate written trust agreement with a bank or trust company Trustee, the assets in Trust shall be administered as provided in this sample Basic Plan Document. 7.03 Appointment and Termination of Trustee. A Trustee may be named by the Employer and may be a Participant. The Trustee shall remain in office at the will of the Employer and may be removed from office at any time by the Employer, with or without cause. Such removal shall be effective upon delivery of written notice to the Trustee or at such later time as may be designated in such notice; provided that any such notice of removal shall take effect no sooner than 30 days and no later than 60 days after the delivery thereof, unless such 30 or 60 day period shall be waived. The Trustee may resign at any time upon giving written notice to the Employer or at such later time as may be designated in the notice of resignation; provided that (a) any such notice of resignation shall take effect no sooner than 30 days and no later than 60 days after the delivery thereof, unless such 30 day or 60 day period shall be waived and (b) upon such resignation or removal the Employer shall have the power and the duty to designate and appoint a successor Trustee, and the actual appointment of a successor Trustee is a condition that must be fulfilled before the resignation or removal of the Trustee shall become effective. Upon appointment, the successor Trustee shall have all the rights, powers, privileges, liabilities and duties of the predecessor Trustee. The Trustee so resigned or removed shall take any and all action necessary to vest the rights, powers, privileges, liabilities and duties of the Administrator in his, her or its successor. 170067-01278 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 21 7.04 Acceptance. By signing the Adoption Agreement the Trustee accepts the Trust created under the Plan and agrees to perform the obligations imposed. 7.05 Control of Plan Assets. The assets of the Trust or evidence of ownership shall be held by the Trustee, under the terms of the Plan and under either this Article VII or under the separate written trust agreement with a bank or trust company. If the assets represent amounts transferred from a former plan, the Trustee shall not be responsible for the propriety of any investment under the former plan. 7.06 General Duties of the Trustee. The Employer or named individuals in the employ of the Employer named as Trustee(s) in the Adoption Agreement shall be responsible for the administration of investments held in the Plan. The Trustee’s duties shall include: (a)receiving contributions under the terms of the Plan; (b)making distributions from Plan assets held in Trust in accordance with written instructions received from an authorized representative of the Employer; (c)keeping accurate records reflecting its administration of the Trust assets and making such records available to the Employer for review and audit. Within 90 days after each Plan Year, and within 90 days after its removal or resignation, the Trustee shall file with the Employer an accounting of its administration of the Trust assets during such year or from the end of the preceding Plan Year to the date of removal or resignation. Such accounting shall include a statement of cash receipts and disbursements since the date of its last accounting and shall contain an asset list showing the fair market value of investments held in the Trust as of the end of the Plan Year. The value of marketable investments shall be determined using the most recent price quoted on a national securities exchange or over the counter market. The value of non-marketable investments shall be determined in the sole judgment of the Trustee which determination shall be binding and conclusive. The value of investments in securities or obligations of the Employer in which there is no market shall be determined in the sole judgment of the Employer and the Trustee shall have no responsibility with respect to the valuation of such assets. The Employer shall review the Trustee’s accounting and notify the Trustee in the event of its disapproval of the report within 90 days, providing the Trustee with a written description of the items in question. The Trustee shall have 60 days to provide the Employer with a written explanation of the items in question; and (d)employing such agents, attorneys or other professionals as the Trustee may deem necessary or advisable in the performance of its duties. The Trustee’s duties shall be limited to those described above. The Employer shall be responsible for any other administrative duties required under the Plan or by applicable law. 7.07 Investment Powers of the Trustee. The Trustee shall implement an investment program based on the Employer’s investment objectives. If either the Employer or the Participant fails to issue investment directions as provided in Sections 8.01 and 8.02, the Trustee shall have authority to invest the Trust assets in its sole discretion. In addition to powers given by law, the Trustee may: (a)invest the Trust assets in any form of property, including common and preferred stocks, exchange and trade put and call options, bonds, money market instruments, mutual funds (including Trust assets for which the Trustee or its affiliates serve as investment advisor), Treasury bills, deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit, and other forms of securities or investment of any kind, class, or character whatsoever, or in any other property, real or personal, having a ready market; 170067-01279 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 22 (b)invest and reinvest all or any part of the Trust assets in any insurance policies or other contracts with insurance companies including but not limited to individual or group annuity, deposit administration, and guaranteed interest contracts. Such contracts shall be held in the name of the Trustee; (c)transfer any assets of the Trust to any group or common, collective or commingled fund that is maintained by a bank or other institution that is established to permit the pooling of assets of separate Trusts so long as such fund is available to § 457(b) plans; (d)hold cash un-invested and deposit same with any banking or savings institution at reasonable interest; (e)deposit fees earned from revenue sharing, 12(b)(1) fees, any investment gains and any otherwise unallocated trust assets into an account to be invested in any employer-directed investment option available under the Plan; (f)join in or oppose the reorganization, recapitalization, consolidation, sale or merger of corporations or properties, including those in which it is interested as a Trustee, upon such terms as it deems wise; (g)hold investments in nominee or bearer form; (h)to vote or refrain from voting any stocks, bonds, or other securities held in the Trust, to exercise any other right appurtenant to any securities or other property held in the Trust, to vote or refrain from voting proxies; (i)exercise all ownership rights with respect to assets held in the Trust; and (j)do any and all other acts that may be deemed necessary in the performance of the Trustee’s duties hereunder. 7.08 Trustee Fees and Expenses. All reasonable costs, charges and expenses incurred by the Trustee in connection with the administration of the Trust assets (including fees for legal services rendered to the Trustee) may be paid by the Employer, but if not paid by the Employer when due, shall be paid from the Trust. Such reasonable compensation to a bank or trust company Trustee as may be agreed upon from time to time between the Employer and the Trustee may be paid by the Employer, but if not paid by the Employer when due, shall be paid by the Trust. The Trustee shall have the right to liquidate Trust assets to cover its fees. Notwithstanding the foregoing, no compensation other than reimbursement for expenses shall be paid to a Trustee who is the Employer or a full-time Employee. In the event any part of the Trust assets become subject to tax, all taxes incurred shall be paid from the Trust unless the Administrator advises the Trustee not to pay such tax. If pursuant to 7.07(e) an account holding un-invested trust assets is in existence at anytime during the Plan Year, all amounts in the account shall be first used to offset any plan expenses and any amounts remaining shall be allocated to Participant’s accounts no later than the end of the Plan Year. 7.09 Exclusive Benefit Rules. No part of the Trust assets shall be used for, or diverted to, purposes other than for the exclusive benefit of Participants, former Participants with an interest in the Plan and the Beneficiary or Beneficiaries of a deceased Participant having an interest in the Trust assets at the death of the Participant. 7.10 Trustee Actions. Every action taken by the Trustee shall be presumed to be a fair and reasonable exercise of the authority vested in or the duties imposed upon him, her or it. The Trustee shall be deemed to have exercised reasonable care, diligence and prudence and to have acted impartially as to all persons interested, unless the contrary be proven by affirmative evidence. The Trustee shall not be liable for amounts of Compensation deferred by Participants or for other amounts payable under the Plan. 7.11 Delegation. Subject to any applicable laws and any approvals required by the Employer, the Trustee may delegate any or all powers and duties hereunder to another person, persons or entity and may pay reasonable compensation for such services as an administrative expense of the Plan to the extent such compensation is not otherwise paid. 7.12 Division of Duties and Indemnification. 170067-01280 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 23 (a)The Trustee shall have the authority and discretion to manage and govern the Trust assets to the extent provided in this instrument, but does not guarantee the Trust in any manner against investment loss or depreciation in asset value or guarantee the adequacy of the Trust assets to meet and discharge all or any liabilities of the Plan. (b)The Trustee shall not be liable for the making, retention or sale of any investment or reinvestment made by it, as herein provided, or for any loss to, or diminution of the Trust assets or for any other loss or damage which may result from the discharge of its duties hereunder except to the extent it is judicially determined that the Trustee has failed to exercise the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character with like aims. (c)The Employer warrants that all directions issued to the Trustee by it or the Administrator shall be in accordance with the terms of the Plan and not contrary to the provisions of the Code. (d)The Trustee shall not be answerable for any action taken pursuant to any direction, consent, certificate or other paper or document on the belief that the same is genuine and signed by the proper person. All directions by the Employer or the Administrator shall be in writing from the authorized individual or individuals named in the Adoption Agreement. (e)The duties and obligations of the Trustee shall be limited to those expressly imposed upon it by this instrument or subsequently agreed upon by the parties. Responsibility for administrative duties required under the Plan or applicable law not expressly imposed upon or agreed to by the Trustee shall rest solely with the Employer. (f)The Trustee shall be indemnified and held harmless by the Employer from and against any and all liability to which the Trustee may be subjected, including all expenses reasonably incurred in its defense, for any action or failure to act resulting from compliance with the instructions of the Employer, the Employees or agents of the Employer, the Administrator, or any other fiduciary to the Plan, and for any liability arising from the actions or inactions of any predecessor Trustee, custodian or other fiduciaries of the Plan. (g)The Trustee shall not be responsible in any way for the application of any payments it is directed to make or for the adequacy of the Trust assets to meet and discharge any and all liabilities under the Plan. VIII. INVESTMENTS 8.01 Investment Options. Employer shall have the sole discretion to select one or more investment options to be offered under the Plan. These investment options may include specified life insurance policies, annuity contracts or investment media issued by an insurance company. It shall be the sole responsibility of the Employer to ensure that all investment options offered under the Plan are appropriate and in compliance with any and all state laws pertaining to such investments. 8.02 Participant Investment Direction. If the Employer chooses to designate one or more investment options in which Participants may direct investment of their Account(s), Participants shall have the option to direct the investment of their Account(s) from among the investment options designated by the Employer. The Participant’s right to transfer among or out of any such investment options shall be subject to any timing or other restrictions imposed upon Participants by the providers of the investment options chosen by the Participant, including, but not limited to market- timing restrictions, excessive trading restrictions and redemption fees. The Trustee or Custodian, as applicable, shall hold title to such investment options. A Participant’s right to direct the investment of Account balances shall apply only to making selections among the options made available under the Plan and only to the extent specified by the Employer pursuant to uniform rules. The terms of this paragraph, including any trading restrictions or fees, shall also apply to Beneficiary and Alternate Payee accounts. (a)Each Participant shall designate on the form prescribed by the Administrator the one or more investment options in which he or she wishes to have his Account invested and may change such investment directions 170067-01281 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 24 in accordance with and at the time or times specified under uniform rules established by the Administrator or the investment provider, as applicable. The Participant’s Account shall be debited or credited as appropriate to reflect all gains or losses on such investments. If a Participant has the right to direct the investment of his Account but does not provide such direction pursuant to uniform rules established by Employer, the Participant’s Account shall be invested in the investment option selected by the Plan. (b)Neither the Employer, the Administrator, the Trustee, the Custodian nor any other person shall be liable for any loss incurred by virtue of following the Participant’s directions or by reason of any reasonable administrative delay in implementing such directions. (c)The Employer may from time to time change the investment options made available under the Plan pursuant to uniform rules established by the Administrator. If the Employer eliminates an investment option, all Participants who had chosen that investment option shall select another option. If the Participant does not select a new option, money remaining in the eliminated investment option shall be reinvested at the direction of the Employer. The Participants shall have no right to require the Employer to select or retain any investment option. Any change with respect to investment options made by the Employer or a Participant, however, shall be subject to the terms and conditions (including any rules or procedural requirements) of the affected investment options. 8.03 Employer Investment Direction. (a)To the extent the Employer chooses not to allow Participant direction of the investment of his or her Account, the Employer shall have the right to direct the Trustee or Custodian with respect to investments of the Trust assets, may appoint an investment manager to direct investments or may give the Trustee sole investment management responsibility. The Employer or investment manager shall make any investment directive in writing. Such instructions regarding the delegation of investment responsibility shall remain in force until revoked or amended in writing. The Trustee shall not be responsible for the propriety of any investment made at the direction of the Employer or an investment manager and shall not be required to consult with or advise the Employer regarding the investment quality of any directed investment held hereunder. In the absence of such written directive, the Trustee shall automatically invest the available cash in its discretion in an appropriate interim investment until specific investment directions are received. (b)If the Employer fails to direct the investment of Trust assets or name an investment manager and the Trustee or Custodian do not have investment authority, the Administrator shall have full investment authority. 8.04 Participant Accounts. The Administrator shall maintain or cause to be maintained one or more individual accounts for each Participant. Such accounts shall include separate accounts, as necessary, for Code § 457(b) Deferred Compensation, Code § 457(b) rollovers, IRA rollovers, other qualified plan and Code § 403(b) plan rollovers and such other accounts as may be appropriate from time to time for plan administration. At regular intervals established by the Administrator, each Participant’s account(s) shall be credited with the amount of any Deferred Compensation paid into the Trust; debited with any applicable administrative or investment expense, including, but not limited to, fees charged to Participants, allocated on a reasonable and consistent basis; credited or debited with investment gain or loss, as appropriate; and debited with the amount of any distribution. Each Participant shall be notified in writing of the balance in his Account at least once a year. IX. ADMINISTRATION 9.01 Administrator. Employer shall be the Administrator unless another person or persons is appointed by the Employer in the Adoption Agreement pursuant to Section 9.02. 170067-01282 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 25 9.02 Appointment and Termination of Administrator. An Administrator may be named in the Adoption Agreement by the Employer and may be a Participant. The Administrator shall remain in office at the will of the Employer and may be removed from office at any time by the Employer, with or without cause. Such removal shall be effective upon delivery of written notice to the Administrator or at such later time as may be designated in such notice; provided that any such notice of removal shall take effect no later than 60 days after the delivery thereof, unless such 60 day period shall be waived. The Administrator may resign at any time upon giving written notice to the Employer or at such later time as may be designated in the notice of resignation provided that; (a) any such notice of resignation shall take effect no later than 60 days after the delivery thereof, unless such 60 day period shall be waived; and (b) upon such resignation or removal the Employer shall have the power and the duty to designate and appoint a successor Administrator, and the actual appointment of a successor Administrator is a condition that must be fulfilled before the resignation or removal of the Administrator shall become effective. Upon appointment, the successor Administrator shall have all the rights, powers, privileges, liabilities and duties of the predecessor Administrator. The Administrator so resigned or removed shall take any and all action necessary to vest the rights, powers, privileges, liabilities and duties of the Administrator in the successor. 9.03 Duties of Administrator. Subject to any applicable laws and any approvals required by the Employer, the Administrator shall have full power and authority to adopt rules, regulations and procedures for the administration of the Plan, and to interpret, alter, amend, or revoke any rules, regulations or procedures so adopted. The Administrator’s duties shall include: (a)appointing the Plan’s attorney, accountant, actuary, custodian or any other party needed to administer the Plan or the Plan assets; (b)directing the Trustee or Custodian with respect to payments from the Plan assets held in Trust; (c)communicating with Employees regarding their participation and benefits under the Plan, including the administration of all claims procedures; (d)filing any returns and reports with the Internal Revenue Service or any other governmental agency; (e)reviewing and approving any financial reports, investment reviews, or other reports prepared by any party appointed under paragraph (a); (f)establishing a funding policy and investment objectives consistent with the purposes of the Plan; and (g)construing and resolving any question of Plan interpretation. The Administrator’s interpretation of Plan provisions including eligibility and benefits under the Plan is final. 9.04 Administrative Fees and Expenses. All reasonable costs, charges and expenses incurred by the Administrator in connection with the administration of the Plan (including fees for legal services rendered to the Administrator) may be paid by the Employer, but if not paid by the Employer when due, shall be paid from Plan assets. Such reasonable compensation to the Administrator as may be agreed upon from time to time between the Employer and Administrator may be paid by the Employer, but if not paid by the Employer when due shall be paid from Plan assets. Notwithstanding the foregoing, no compensation other than reimbursement for expenses shall be paid to an administrator who is the Employer or a full-time Employee of the Employer. In the event any part of the assets in the Plan become subject to tax, all taxes incurred shall be paid from the Plan assets unless the Administrator instructs the Trustee or Custodian not to pay such tax. 9.05 Actions of Administrator. Every action taken by the Administrator shall be presumed to be a fair and reasonable exercise of the authority vested in or the duties imposed upon him, her or it. The Administrator shall be deemed to have exercised reasonable care, diligence and prudence and to have acted impartially as to all persons interested, unless the contrary be proven by affirmative evidence. The Administrator shall not be liable for amounts of Compensation deferred by Participants or for other amounts payable under the Plan. 9.06 Delegation. Subject to any applicable laws and any approvals required by the Employer, the Administrator may delegate any or all powers and duties hereunder to another person, persons or entity, and may pay reasonable 170067-01283 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 26 compensation for such services as an administrative expense of the Plan to the extent such compensation is not otherwise paid. 9.07 Investment and Service Providers. Any company which issues policies, contracts or investment media to the Employer or in respect of a Participant is not a party to this Plan and such company shall have no responsibility, accountability or liability to the Employer, the Administrator, any Participant or any Beneficiary with regard to the operation or adequacy of this Plan, including any future amendments made thereto. X. LEAVE OF ABSENCE 10.01 Paid Leave of Absence. If a Participant is on an approved leave of absence from the Employer with Compensation, or on approved leave of absence without Compensation that does not constitute a Severance from Employment, which under the Employer’s current practices is generally a leave of absence without Compensation for a period of one year or less, said Participant’s participation in the Plan may continue. 10.02 Unpaid Leave of Absence. If a Participant is on an approved leave of absence without Compensation and such leave of absence continues to such an extent that it becomes a Severance from Employment, said Participant shall have separated from service with the Employer for purposes of this Plan. Upon termination of leave without pay and return to active status, the Participant may enter into a new Participation Agreement to be effective when permitted by Section 2.11. XI. AMENDMENT OR TERMINATION OF PLAN 11.01 Termination. The Employer may at any time terminate this Plan; provided, however, that no termination shall affect the amount of benefits, which at the time of such termination shall have accrued for Participants or Beneficiaries. Such accrued benefit shall include any Compensation deferred before the time of the termination and income thereon accrued to the date of the termination. Such amount shall be calculated in accordance with Section 8.04 and the terms and conditions of the affected investment option. Upon such termination, each Participant in the Plan shall be deemed to have revoked his agreement to defer future Compensation as provided in Section 2.10 as of the date of such termination and Section 2.04(b) shall no longer be in effect. Each Participant’s full Compensation on a nondeferred basis shall be restored. Upon plan termination, all amounts deferred will be distributed to Participants or Beneficiaries as soon as administratively practicable after the termination date. 11.02 Amendment. The Employer may amend the provisions of this Plan at any time; provided, however, that no amendment shall affect the amount of benefits which at the time of such amendment shall have accrued for Participants or Beneficiaries, to the extent of Compensation deferred before the time of the amendment and income thereon accrued to the date of the amendment, calculated in accordance with Section 8.04 and the terms and conditions of the investment options hereunder; and provided further, that no amendment shall affect the duties and responsibilities of the Trustee or Custodian unless executed by the Trustee or Custodian. To the extent permitted by applicable law, the Employer delegates to the Administrator the authority to adopt rules, regulations or procedures from time to time as may be necessary or desirable to conform Plan provisions to, or to elaborate Plan provisions in light of, technical amendments to the Code, Treasury regulations or other guidance issued under the Code, and such rules, regulations or procedures are hereby ratified by the Employer as having the force and effect of Plan amendments. 11.03 Copies of Amendments. The Administrator shall provide a copy of any Plan amendment to any Trustee or custodian and to the issuers of any investment options selected pursuant to Section 8.01. XII. TAX TREATMENT OF AMOUNTS CONTRIBUTED It is intended that pursuant to Code § 457, the amount deferred shall not be considered current compensation for purposes of federal income taxation except to the extent that the amount deferred is Designated Roth Contributions. This rule shall also 170067-01284 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 27 apply to state income taxation unless applicable state laws provide otherwise. Such amounts shall, however, be included as compensation to the extent required under the Federal Insurance Contributions Act (FICA). Payments under this Plan shall supplement retirement and death benefits payable under the Employer’s group insurance and retirement plans, if any. XIII. NON-ASSIGNABILITY 13.01 Non-Assignability. Except as provided in Sections 13.02 and 13.03, the interests of each Participant or Beneficiary under the plan are not subject to the claims of the Participant’s or Beneficiary’s creditors, and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive any payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non-assignable and non-transferable. 13.02 Qualified Domestic Relations Orders. If so specified in the Adoption Agreement, domestic relations orders approved by the Administrator shall be administered as follows. (a)Notwithstanding Section 13.01, if a final judgment, decree, or order (including approval of a property settlement) that is related to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant (herein called an Alternate Payee) is made pursuant to the domestic relations law of any State and meets the requirements of Code § 414(p), then such order shall be referred to as a Qualified Domestic Relations Order (“QDRO”). If a QDRO is duly filed upon the Administrator, then the amount of the Participant’s Account Balance shall be paid to or set aside in a separate account for Alternate Payee(s) as elected by the Alternate Payee. Payments to the Alternate Payee shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Administrator shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the QDRO and may charge the Participant and Alternate Payee a fee as established from time to time. Where necessary to carry out the terms of such a QDRO, a separate account shall be established with respect to the Alternate Payee(s) and such person shall be entitled to make investment selections with respect thereto in the same manner as the Participant, except to the extent restricted by the employer or a specific investment option under the plan. All costs and charges incurred in carrying out the investment selection shall be deducted from the account created for the spouse, former spouse or child making the investment selection. The Alternate Payee may select from among the forms of payment available to Participants except a joint and survivor annuity naming the Alternate Payee and a subsequent spouse. Withholding and income tax reporting shall be done with respect to the Alternate Payee under the terms of the Code as amended from time to time. (b)The Employer’s liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse, former spouse or child pursuant to this Section. No amount shall be paid or set aside unless the Employer, or its agents or assigns, has been provided with satisfactory evidence releasing them from any further claim by the Participant with respect to these amounts. The Participant shall be deemed to have released the Employer from any claim with respect to such amounts in any case in which the Employer has been notified of or otherwise joined in a proceeding relating to a QDRO which sets aside a portion of the Participant’s account for a spouse, former spouse or child, and the Participant fails to obtain an order of the court in the proceeding relieving the Employer from the obligation to comply with the QDRO. (c)The Employer shall not be obligated to comply with any judgment, decree or order that attempts to require the Plan to violate any Plan provision or any provision of Code § 457. Neither the Employer nor its agents or assigns shall be obligated to defend against or set aside any judgment, decree, or order described herein or any legal order relating to the division of a Participant’s benefits under the Plan unless the full expense of such legal action is borne by the Participant. In the event that the Participant’s action (or inaction) nonetheless causes the Employer, its agents or assigns to incur such expense, the amount of the expense may be charged against the Participant’s account and thereby reduce Employer’s obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce, separation, or child support, the 170067-01285 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 28 Employer, its agents and assigns shall be authorized to disclose information relating to Participant’s individual account to the Participant’s spouse, former spouse or child (including the legal representatives of the spouse, former spouse or child), or to a court. 13.03 IRS Levy. Notwithstanding Section 13.01, the Administrator may pay from a Participant’s or Beneficiary’s Account Balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 13.04 Mistaken Contributions. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Administrator, the amount of the mistaken contributions (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Administrator, to the Employer. If the Plan utilizes an Eligible Automatic Contribution Arrangement intended to satisfy Code § 414(w), the Participant may elect a return of their elective deferrals (as adjusted for applicable earnings and losses), if such election is made prior to the 91st day after the date of the first elective contribution is deducted from the employee’s Compensation. Any employer contributions shall be forfeited. Any forfeitures arising under the Plan shall be subject to the provisions of Sections 7.07 and 7.08 applicable to unallocated trust assets. 13.05 Payments to Minors and Incompetents. To the extent the Employer or Administrator determines that the following procedure meets applicable state or local law, if a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, benefits will be paid to such person as the Administrator may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan. 13.06 Procedure When Distributee Cannot Be Located. The Administrator shall make all reasonable attempts to determine the identity and address of a participant or a Participant’s Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means: (a)the mailing by certified mail of a notice to the last known address shown on the Employer’s or Administrator’s records, (b)notification sent to the Social Security Administration, Internal Revenue Service or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans) and (c)the payee has not responded within six months. If the Administrator is unable to locate such a person entitled to benefits hereunder, or if there has been no claim made for such benefits, the trust fund shall continue to hold the benefits due such person until in the Employer’s or Administrator’s sole discretion, the Plan is required to take other action under applicable law except that if, in the Adoption Agreement, the Plan elected mandatory distributions greater than $1,000, then the Administrator will pay the distribution for such person in a direct rollover to an individual retirement plan designated by the plan administrator. XIV. DISCLAIMER 14.01 The Employer and the Administrator make no endorsement, guarantee or any other representation and shall not be liable to the Plan or to any Participant, Beneficiary or any other person with respect to: (a)the financial soundness, investment performance, fitness, or suitability (for meeting a Participant’s objectives, future obligations under the Plan, or any other purpose) of any investment option offered pursuant to Section 8.01 or any investment vehicle in which amounts deferred under the Plan are actually invested or 170067-01286 3/2012 Basic 457(b) Deferred Compensation Plan Document for Governmental Employers 29 (b)the tax consequences of the Plan to any Participant, Beneficiary or any other person. XV. EMPLOYER PARTICIPATION 15.01 Notwithstanding any other provisions of this Plan and if so specified in the Adoption Agreement, the Employer may contribute additional amounts into the Plan on behalf of any Participant, so long as the total amount contributed by the Employer when added to the Annual Deferral made by the Participant does not exceed the maximum deferral permitted by Article III for the calendar year. The amount of such Employer contribution and the Employees or independent contractors eligible to receive such contributions shall be detailed in an amendment attached to this Plan document. Such Employer contributions shall be wages for services rendered by the Participant to the Employer during the payroll period contributed. XVI. INTERPRETATION 16.01 Governing Law. This Plan shall be construed under the laws of the state in which the Employer is located. 16.02 Internal Revenue Code § 457. This Plan is intended to be an eligible deferred compensation plan within the meaning of Code § 457 and shall be interpreted so as to be consistent with such Section and all regulations promulgated thereunder. 16.03 Word Usage. Words used herein in the singular shall include the plural and the plural the singular where applicable, and one gender shall include the other genders where appropriate. 16.04 Headings. The headings of sections, sections or other subdivisions hereof are included solely for convenience of reference. If there is any conflict between such headings and the text of the Plan, the text shall control. 16.05 Entire Agreement. This Plan, the executed Adoption Agreement and any properly adopted amendment thereof, shall constitute the total agreement or contract between the Employer and the Participant regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant. This Plan and any properly adopted amendment shall be binding on the parties hereto and their respective heirs, administrators, Trustees, successors, assigns and on all designated Beneficiaries of the Participant. 170067-01287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-318- Approve contracts with Nationwide as the 457 Employee Plan provider and Burgess Chambers and Associates as the City's financial advisor, and authorize the Mayor or City Manager to execute all ancillary documents necessary to implement the agreements, including supplemental provider agreements with Schwab and additional external investment account providers related to the 457 Investment Plan, subject to approval of the Finance Director and City Attorney's Office. Requested Action: Staff recommends approval of Proposed Resolution No. R25-318. Explanation of Request: Purpose: Consolidate the three separate 457 Plans providers into one provider (Nationwide), maximizing Employees’ and Retirees’ Retirement Gains Align the 457 Plan provider contract with the appropriate fee structure for this century. Many of the contracts are over +25 years old City staff is requesting to enter into a new agreement with Nationwide to implement a single 457 Plan Provider, a related agreement with Burgess Chambers and Associates to serve as the City's financial advisor, and is seeking authorization to enter into any other agreements necessary to implement the new 457 Plan arrangement. How will this affect city programs or services? This will enhance city employees' retirement opportunities by successfully completing the desired outcome. Desired Outcome: Consolidation & Scale- Combine existing plans to maximize efficiencies and purchasing power. Lower Fees- Renegotiate the Nationwide contract with an administrative fee cap of 0.065% (or $39 per participant annually). Institutional Investments- Utilize BCA’s expertise to secure an open-architecture platform and lower-cost institutional share classes. Transparency- Eliminate hidden fees, retail commissions, and underperforming funds. Best Practices- Adopt target-date funds as the default option, add a money market fund to capture competitive yields, and align investment choices with industry standards. Managed Accounts- Review and negotiate managed account fees. Expanded Access- Add Schwab/JP Morgan self-directed brokerage to broaden the investment universe. Governance- Formalize an Investment Policy Statement and a Service Level Agreement 302 Oversight- Provide ongoing monitoring and fiduciary support. Budgeted Item: Yes Fiscal Impact: This item was a budget item. The impact on 457 participants is approximately $500 per year per participant, resulting from switching to a flat fee of $39 per participant per year. There is a greater impact on the investment side, where no hidden fund fees are incurred in plan-sponsored funds. This means participants will yield a higher return in the future as a result of these changes. Retirees are most impacted due to higher average balances. Attachments: R25-318 Agenda_Item_3833- 2025_Resolution_for_Nationwide_457_and_Burgess_Financial_Advisor.docx Agenda Item 3833-2025 Resolution for Nationwide 457 and Burgess Financial Advisor.docx Nationwide Contract Draft 11192025.pdf Plan Performance Report - Boynton Beach FL 3Q25.pdf Sample- Omnibus Implementation APP77578-05.pdf Sample Participant Fee Disclosure 11-01-2024 v2.pdf Sample Plan Fee Disclosure 11-01-2024 v2.pdf Sample Transition enrollment letter.pdf 2025-10-01 CBB (BCA Agreement) - Investment Performance Monitoring and Advisory Consulting Services Rev. 10.13.25.pdf 457 Plan Agenda Item v2.0.pptx 303 RESOLUTION NO. R25-318 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AGREEMENTS WITH NATIONWIDE AS 2 THE 457 EMPLOYEE PLAN PROVIDER, AND BURGESS CHAMBERS AND 3 ASSOCIATES AS THE CITY'S FINANCIAL ADVISOR, AND AUTHORIZE 4 THE MAYOR OR CITY MANAGER TO EXECUTE ALL ANCILLARY 5 DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENTS, 6 INCLUDING SUPPLEMENTAL PROVIDER AGREEMENTS WITH SCHWAB 7 AND ADDITIONAL EXTERNAL INVESTMENT ACCOUNT PROVIDERS 8 RELATED TO THE 457 INVESTMENT PLAN; AND FOR ALL OTHER 9 PURPOSES. 10 11 12 WHEREAS, the City, pursuant to and in compliance with the Internal Revenue Code of 13 1986, as amended (“Code”), established and sponsors the City of Boynton Beach Deferred 14 Compensation Plan (“Plan”), a Section 457(b) Plan; and 15 WHEREAS, the City desires to have Nationwide Retirement Solutions, Inc., an affiliate and 16 subsidiary of Nationwide Financial Services, Inc. (“Nationwide”), continue to perform the non-17 discretionary recordkeeping and administrative services described in this Agreement for the Plan 18 (“Administrative Services”); and 19 WHEREAS, Burgess Chambers and Associates, Inc., has demonstrated expertise in the field 20 of investment monitoring and in advising governmental and corporate organizations' retirement 21 plans in the development of prudent investment policies and procedures; and 22 WHEREAS, the City seeks the advice and expertise of Burgess Chambers and Associates, 23 Inc.; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the City's citizens and residents to approve Agreements with Nationwide as the 26 457 Employee Plan provider, and Burgess Chambers and Associates as the City's financial advisor, 27 and authorize the Mayor or City Manager to execute all ancillary documents necessary to 28 implement the agreements, including supplemental provider agreements with Schwab and 29 additional external investment account providers related to the 457 Investment Plan. 30 31 32 33 304 RESOLUTION NO. R25-318 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT: 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 approve an Administrative Service Agreement between Nationwide Retirement Solutions, Inc., an 39 affiliate and subsidiary of Nationwide Financial Services, Inc., and the City for the Governmental 40 457(b) Deferred Compensation Plan, in form and substance to be approved by the City Attorney’s 41 office. 42 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve an Agreement between Burgess Chambers and Associates, Inc., and the City for 44 Investment Performance Monitoring and Advisory Services, in form and substance to be approved 45 by the City Attorney’s office. 46 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the City Manager and the Mayor to execute the Agreements, and any ancillary 48 documents required under the Agreement or necessary to accomplish the purposes of the 49 Agreement, including any term extensions as provided in the Agreement, provided such 50 documents do not modify the financial terms or material terms. They are further authorized to 51 execute all documents necessary to effectuate the intent of this Resolution, including but not 52 limited to: any change orders, amendments, modifications, or supplemental agreements deemed 53 necessary that do not increase the financial obligations of the City beyond the approved budgeted 54 not-to-exceed amounts. 55 SECTION 5. This Resolution shall take effect in accordance with the law. 56 [SIGNATURES ON THE FOLLOWING PAGE] 57 58 305 RESOLUTION NO. R25-318 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor – Rebecca Shelton _____ _____ 62 63 Vice Mayor – Woodrow L. Hay _____ _____ 64 65 Commissioner – Angela Cruz _____ _____ 66 67 Commissioner – Thomas Turkin _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 VOTE ______ 72 ATTEST: 73 74 _____________________________ ______________________________ 75 Maylee De Jesús, MPA, MMC Rebecca Shelton 76 City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 _______________________________ 82 Shawna G. Lamb 83 City Attorney 84 306 RESOLUTION NO. R25- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AGREEMENTS WITH NATIONWIDE AS 2 THE 457 EMPLOYEE PLAN PROVIDER, AND BURGESS CHAMBERS AND 3 ASSOCIATES AS THE CITY'S FINANCIAL ADVISOR, AND AUTHORIZE 4 THE MAYOR OR CITY MANAGER TO EXECUTE ALL ANCILLARY 5 DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENTS, 6 INCLUDING SUPPLEMENTAL PROVIDER AGREEMENTS WITH SCHWAB 7 AND ADDITIONAL EXTERNAL INVESTMENT ACCOUNT PROVIDERS 8 RELATED TO THE 457 INVESTMENT PLAN; AND FOR ALL OTHER 9 PURPOSES. 10 11 12 WHEREAS, the City, pursuant to and in compliance with the Internal Revenue Code of 13 1986, as amended (“Code”), established and sponsors the City of Boynton Beach Deferred 14 Compensation Plan (“Plan”), a Section 457(b) Plan; and 15 WHEREAS, the City desires to have Nationwide Retirement Solutions, Inc., an affiliate and 16 subsidiary of Nationwide Financial Services, Inc. (“Nationwide”), continue to perform the non-17 discretionary recordkeeping and administrative services described in this Agreement for the Plan 18 (“Administrative Services”); and 19 WHEREAS, Burgess Chambers and Associates, Inc., has demonstrated expertise in the field 20 of investment monitoring and in advising governmental and corporate organizations' retirement 21 plans in the development of prudent investment policies and procedures; and 22 WHEREAS, the City seeks the advice and expertise of Burgess Chambers and Associates, 23 Inc.; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the City's citizens and residents to approve Agreements with Nationwide as the 26 457 Employee Plan provider, and Burgess Chambers and Associates as the City's financial advisor, 27 and authorize the Mayor or City Manager to execute all ancillary documents necessary to 28 implement the agreements, including supplemental provider agreements with Schwab and 29 additional external investment account providers related to the 457 Investment Plan. 30 31 32 33 307 RESOLUTION NO. R25- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT: 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 approve an Administrative Service Agreement between Nationwide Retirement Solutions, Inc., an 39 affiliate and subsidiary of Nationwide Financial Services, Inc., and the City for the Governmental 40 457(b) Deferred Compensation Plan, in form and substance to be approved by the City Attorney’s 41 office. 42 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve an Agreement between Burgess Chambers and Associates, Inc., and the City for 44 Investment Performance Monitoring and Advisory Services, in form and substance to be approved 45 by the City Attorney’s office. 46 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the City Manager and the Mayor to execute the Agreements, and any ancillary 48 documents required under the Agreement or necessary to accomplish the purposes of the 49 Agreement, including any term extensions as provided in the Agreement, provided such 50 documents do not modify the financial terms or material terms. They are further authorized to 51 execute all documents necessary to effectuate the intent of this Resolution, including but not 52 limited to: any change orders, amendments, modifications, or supplemental agreements deemed 53 necessary that do not increase the financial obligations of the City beyond the approved budgeted 54 not-to-exceed amounts. 55 SECTION 5. This Resolution shall take effect in accordance with the law. 56 [SIGNATURES ON THE FOLLOWING PAGE] 57 58 308 RESOLUTION NO. R25- PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor – Rebecca Shelton _____ _____ 62 63 Vice Mayor – Woodrow L. Hay _____ _____ 64 65 Commissioner – Angela Cruz _____ _____ 66 67 Commissioner – Thomas Turkin _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 VOTE ______ 72 ATTEST: 73 74 _____________________________ ______________________________ 75 Maylee De Jesús, MPA, MMC Rebecca Shelton 76 City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 _______________________________ 82 Shawna G. Lamb 83 City Attorney 84 309 Nationwide Agreement Page 1 of 30 ADMINISTRATIVE SERVICES AGREEMENT FOR THE GOVERNMENTAL 457(b) DEFERRED COMPENSATION PLAN OF CITY OF BOYNTON BEACH, FLORIDA This Administrative Services Agreement (“Agreement”) is effective as of the date signed by the Plan Sponsor (the “Effective Date”) by and between Nationwide Retirement Solutions, Inc., a Delaware corporation (“Nationwide”) and an affiliate and subsidiary of Nationwide Financial Services, Inc. and the City of Boynton Beach, Florida, the Plan Sponsor (“Plan Sponsor” or “City”). WHEREAS, Plan Sponsor, pursuant to and in compliance with the Internal Revenue Code of 1986, as amended (“Code”), established and sponsors the City of Boynton Beach Deferred Compensation Plan (“Plan”), a Section 457(b) Plan; WHEREAS, Plan Sponsor desires to have Nationwide continue to perform the non-discretionary recordkeeping and administrative services described in this Agreement for the Plan (“Administrative Services”); and WHEREAS, Nationwide desires to provide such Administrative Services subject to the terms and conditions set forth in this Agreement. NOW THEREFORE, Nationwide and Plan Sponsor desire to enter into this Agreement and abide by the terms therein. 1. DESIGNATION a. Plan Sponsor designates Nationwide as a non-fiduciary, non-discretionary provider of Administrative Services for the Plan in accordance with the terms of this Agreement. b. Plan Sponsor represents that the selection and designation of Nationwide complies with any procurement statutes applicable to Plan Sponsor. c. Any duties or services not specifically described herein or delegated in the Plan’s documents as being provided by Nationwide are the responsibility of Plan Sponsor. d. Services in addition to those in this Agreement or delegated in the Plan’s documents may be added by mutual agreement of Nationwide and Plan Sponsor. 2. ELIGIBLE EMPLOYER Plan Sponsor has determined that it is an “eligible employer” and meets the requirements of Code Section 457(e)(1)(A). 3. TERM a. The initial term of this Agreement is five years from the Effective Date, unless terminated earlier in accordance with Section 21. 310 Nationwide Agreement Page 2 of 30 b. Plan Sponsor may renew this Agreement for up to two additional one-year periods. Each renewal is based on the existing terms, conditions, Nationwide’s performance, pricing, and Plan Sponsor’s fiscal year funding availability, as evidenced by formal written approval of the Plan Sponsor and Nationwide. c. If at the expiration of the initial term or renewal periods, Plan Sponsor has not provided Nationwide with instructions for the transfer of administration of the Plan, this Agreement will convert to an “evergreen” agreement and will remain in effect until terminated in accordance with Section 21. 4. GENERAL a. Plan Sponsor adopts Nationwide’s established policies and procedures with respect to the administration of the 457(b) Plan on its administrative system. Nationwide and Plan Sponsor shall mutually agree to any procedures that require customization, e.g., loan procedures. b. Plan Sponsor acknowledges and agrees that Nationwide is not responsible for monitoring deferrals to other Section 457, 403(b), 401(a), and/or 414(h) plans, or any defined benefit plans referenced by the Code. c. Plan Sponsor acknowledges and agrees that Nationwide is not responsible for monitoring inter- plan coordination between the Plan administered by Nationwide and any other plan which Plan Sponsor may have. d. This Agreement does not require, nor will this Agreement be construed as requiring, Nationwide to exercise any discretionary control or authority over the Plan or the assets of the Plan. e. This Agreement does not require, nor shall this Agreement be construed as requiring, Nationwide to provide investment, legal, or tax advice to Plan Sponsor or to Plan participants. 5. PLAN SPONSOR RESPONSIBILITIES a. Access to Financial Data and Participant Payroll Information. Nationwide, as a non-fiduciary recordkeeper and an administrative service provider, is authorized and will access participant information necessary for the administration and maintenance of the retirement plan. This access is facilitated through a secure data link, which ensures that all data extracts are encrypted and compliant with applicable privacy and security regulations, as well as relevant provisions of the Internal Revenue Code. Access and acquisition of all 457 plan participants' payroll information shall be at no expense to the City. Additionally, the parties acknowledge that the City is in the process of implementing a new ERP system (Workday) with a go-live date expected to be October 1, 2027. The City’s IT department will ensure the same data needed to facilitate plan administration is accessible. Upon go-live of the new ERP system, Nationwide shall prepare new procedures to access the data with a new process and secure data extracts at no expense to the City. i. Data Access and Integration Clause. Nationwide shall have the right to access and extract payroll data from the City’s payroll system through a secure data transmission method. Such 311 Nationwide Agreement Page 3 of 30 access is necessary to ensure timely and accurate processing of participant contributions, loan repayments, and other plan-related transactions. ii. Fiduciary Duty and Operational Compliance. In accordance with industry-standard best practices, Nationwide is responsible for ensuring that payroll data relevant to plan operations is obtained from the City in a manner that maintains data integrity, confidentiality, and compliance with applicable laws. iii. Employer Cooperation Provision. The City agrees to provide Nationwide with access to all necessary payroll information, including, but not limited to, compensation, deferral elections, and employment status, via a secure and mutually agreed-upon data link. The City shall ensure the accuracy and timeliness of such data to facilitate proper plan administration. iv. Secure Data Transmission Requirement. All payroll data required for plan administration shall be available to Nationwide using secure, encrypted channels that comply with industry standards and applicable data protection regulations. Nationwide shall use such data solely for the purpose of administering the retirement plan. v. Recordkeeping and Audit Support. Nationwide shall retain extracted payroll data as part of the plan’s official records and may use such data to support annual compliance testing, financial audits, and regulatory reporting. The City shall cooperate in providing any additional documentation as requested. b. Plan Sponsor is responsible for timely providing updated information regarding Plan participants. c. Plan Sponsor is responsible for ensuring that the provided information is accurate and complete. Nationwide is entitled to rely exclusively on the information provided by the Plan Sponsor or the Plan Sponsor’s advisors, whether oral or in writing, and will have no responsibility to independently verify the accuracy of that information. d. Plan Sponsor acknowledges that inaccurate or late information could result in tax penalties, participant/beneficiary legal claims, or both. Nationwide assumes no responsibility for, and will not have any liability for, any consequences that result from Nationwide’s inability to complete its work in the ordinary course of its business due to the failure of the Plan Sponsor to provide accurate and timely information to Nationwide. e. Plan Sponsor retains ultimate responsibility for deferral limit testing. Nationwide shall provide Plan Sponsor with online dashboard access showing real-time deferral data. If Nationwide observes or has reason to believe any participant may exceed applicable limits, Nationwide shall notify both the City and the participant within five (5) business days. 6. SERVICES RELATED TO PARTICIPANT ENROLLMENT a. Plan Consolidation and Transition. The City currently maintains deferred compensation plan accounts with three (3) providers. The City is consolidating all plan administration and recordkeeping services with Nationwide Retirement Solutions, Inc. as the sole provider under this Agreement. All active employees with existing accounts at other providers must transfer their account balances to Nationwide as part of this consolidation. Retired or separated 312 Nationwide Agreement Page 4 of 30 employees may elect to transfer their account balances to Nationwide or maintain their accounts with their current providers, subject to those providers' terms and conditions. The transition and onboarding procedures set forth below apply to this consolidation process. i. Participant Transition and Onboarding. 1. Eligibility and Enrollment. The Plan Sponsor shall ensure that all eligible employees are notified of their eligibility to participate in the Plan within 30 days of their hire date or eligibility date, whichever is sooner. Enrollment materials, including plan highlights, investment options, and contribution instructions, shall be provided in a timely manner. 2. On-site Transition and Rollout. Nationwide will facilitate five (5) transition sessions for City of Boynton Beach participants. Nationwide shall provide clear and comprehensive onboarding materials. a. Transition Timeline: Nationwide will work with the Plan Sponsor to schedule on-site meetings as mutually agreed upon, with a target final transition date of April 2026. b. Rollout Enrollment Materials shall include: Welcome Letter or Email: Personalized greeting explaining the benefits of participating in the 457 plan; key dates and deadlines for enrollment; contact information for support Plan Summary: Overview of plan features, eligibility, vesting schedule, and withdrawal rules, and legal disclosures required under applicable law Enrollment Instructions: Step-by-step guide to enroll online or via paper form; instructions for selecting contribution percentage; details on pre-tax vs. Roth contributions; instructions for updating beneficiaries online Investment Options Guide: List of available funds (e.g., target-date funds, index funds, bond funds); risk profiles and historical performance; tools or links to help assess investment choices Plan Contact and Support Info: Dedicated phone number or email for plan questions; link to the plan website or participant portal All communications shall comply with all applicable disclosure requirements and be delivered in a format accessible to participants. 3. Data Transfer and Recordkeeping. The City of Boynton Beach shall provide access to participant data to Nationwide. Minimum requirements include: full legal name, date of birth, Social Security number, hire date, compensation, payroll deduction information, and beneficiary(s). Nationwide shall maintain secure and compliant systems for storing and processing participant data in accordance with applicable laws and regulations. Commented [SW1R2]: Okay Commented [WC1]: As mentioned above NW is technically not the named Plan Administrator. It is a recordkeeper and provider of some administrative services. Commented [AH2]: FYI, final files from old providers will contain beneficiary information on file 313 Nationwide Agreement Page 5 of 30 4. Contribution Setup. Upon receipt of participant elections, Nationwide shall coordinate with the City of Boynton Beach's payroll department to initiate deferral contributions. Contributions shall be deposited into participant accounts as soon as administratively feasible, but no later than the timeframes required under Department of Labor regulations. 5. Fiduciary Responsibility. Nationwide shall act in accordance with industry best practices standards, ensuring that participant onboarding is conducted with diligence, accuracy, and in the best interest of plan participants. b. Ongoing Enrollment Services. i. Plan Sponsor is responsible for determining employees eligible to participate in the Plan. ii. Nationwide agrees to process the enrollment of employees eligible to participate in the Plan. iii. Nationwide agrees to conduct enrollment meetings with Plan Sponsor’s employees in such number and manner as determined by the parties. iv. The Plan Sponsor agrees to allow and facilitate the periodic distribution of materials to Participants at the time and in the manner determined by the Plan Sponsor; provided, however, that all reasonable expenses associated with such distribution will be paid by Nationwide. 7. SERVICES WITH RESPECT TO PARTICIPANT PLAN ACCOUNTS AND ACCOUNT ACCESS a. Nationwide agrees to establish an account for each enrolled participant, beneficiary, and alternate payee of the Plan (for purposes of this Agreement only, hereinafter referred to as “Participants”). b. For each Participant account, at a minimum, Nationwide will maintain the following information, if provided: i. Name; ii. Social Security number; iii. Mailing address; iv. Date of birth; v. Current investment allocation direction; vi. Contributions allocated and invested; vii. Investment transfers; viii. Benefit payments; ix. Current account balance; x. Transaction history since funding under the Agreement; 314 Nationwide Agreement Page 6 of 30 xi. Contributions since funding under the Agreement; xii. E-mail address; xiii. Beneficiary designation, if applicable xiv. Benefit tax withholding information; and xv. Such other information as agreed upon by the Plan Sponsor and Nationwide. c. Participants will have the unlimited ability to increase (within the limitations of Code Section 457(b)) or decrease contributions to the 457(b) Plan. Nationwide will process all requests to increase or decrease contribution amounts within five Business Days (The term “Business Day” means each Monday through Friday during the hours the New York Stock Exchange is open for business. No transactions can be completed on any Business Day after such time as the New York Stock Exchange closes.) of receipt of the request, but the request cannot be effective until the earliest date permissible under the Code or, if later, the date the contribution change can be processed by the Plan Sponsor, given Plan Sponsor’s payroll processing schedule. d. Participants will have the ability to exchange existing account balances, in full or in part, and to redirect future contributions from one available investment option to another on any Business Day, subject to Nationwide policies and any applicable restrictions or penalties applied by the investment options. e. Nationwide will provide reports to the Plan Sponsor within thirty days following the end of each calendar quarter reporting period, summarizing the following: i. All Participant activity that transpired during the reporting period; ii. Total contributions allocated to each investment or insurance option under the Plan; and iii. Total withdrawals by Participant. This report shall include the amount, type, and date of withdrawal. f. Nationwide will maintain, for a reasonable amount of time, the records necessary to produce any required reports. Plan Sponsor agrees that all related paper and electronic records remain the property of Nationwide. Notwithstanding, all records shall be retained in accordance with Florida’s public records retention requirements. 8. SERVICES RELATED TO PLAN CONTRIBUTIONS a. Plan Sponsor agrees to send all Plan contribution information and related funds to Nationwide on a timely basis that complies with all applicable legal requirements. b. Plan Sponsor will provide all contribution allocation information with respect to Participant accounts to Nationwide in a mutually agreed upon format. Contribution allocation instructions include direction via electronic sources. 315 Nationwide Agreement Page 7 of 30 c. Nationwide will allocate contribution amounts transmitted by Plan Sponsor to Participant accounts in accordance with the latest instructions from Participants or the Plan Sponsor (as applicable) on file with Nationwide, when such instructions are in good order. d. Nationwide agrees to post funds received in good order (as defined below) from Plan Sponsor in accordance with the separate funding arrangements between Plan Sponsor and Nationwide or any of its affiliates. e. Plan Sponsor may send funds by wire transfer, through an automated clearinghouse, or by check in accordance with written instructions provided by Nationwide. Failure to follow the written instructions provided by Nationwide may result in delay of posting to Participant accounts. f. The term “in good order” means the receipt of required information by Nationwide, in a form deemed reasonably acceptable to Nationwide, with respect to the processing of a request or the completion of a task by Nationwide that reasonably requires information from a third party. More specifically, Plan contributions and contribution allocation information must meet all of the following requirements in order to be deemed to be in good order: i. All records must include the correct and complete Participant name, Social Security number (or other unique identifier), and the amount to be credited to the participant’s account(s); ii. The source of funds must be identified (e.g., 457(b) salary reduction, employer contribution); iii. The Plan name and Plan number must be clearly identified; iv. Both the Participant allocation detail and the total contribution amount must be received, and these two totals must match each other; and v. All Participants making or receiving a contribution must have an account established on the recordkeeping system. g. If Nationwide determines that the contribution or allocation detail is not in good order (“NIGO”), Nationwide will notify the Plan Sponsor by email to finance@bbfl.us with attention to the Director of Finance in the subject matter line, within one (1 to 15) Business Days of determination and provide specific details on what information is missing or incorrect. After such notification, the parties will continue to try to resolve the NIGO status. If the parties do not achieve resolution within thirty (30) Business Days, Nationwide will return the funds to the Plan Sponsor within thirty Business Days. Nationwide shall maintain detailed records of all NIGO occurrences and resolutions for audit purposes. Nationwide will not be liable for any delay in posting if the Plan Sponsor fails to send the funds representing contribution amounts or contribution allocation information in accordance with Nationwide’s instructions to the central processing site designated by Nationwide, or for any delay in posting that results from the receipt of funds and/or contribution allocation that Nationwide determines to be NIGO, provided that Nationwide has complied with the notification and resolution process set forth above. 9. SERVICES WITH RESPECT TO DISTRIBUTIONS a. Nationwide shall make all distributions in accordance with the Plan documents. Commented [LA3]: If payment is rec’d NRS will reach out to the plan within 1-3 business days. But if Payroll detail is rec’d without payment NRS will reach out to the plan within 1-15 business days. Commented [SW3R2]: okay 316 Nationwide Agreement Page 8 of 30 b. Except as provided in subsection d, below, Nationwide shall make all distributions as directed by a Participant or the Plan Sponsor. Participants are responsible for selecting a form of payment from those available under the terms of the Plan and making all other elections regarding available distribution options. c. All distributions will be made pro-rata from each of the Participant’s investment options and money sources unless directed otherwise by the participant. d. Nationwide will provide notice and a distribution form to each Participant attaining age 73 (or such other age as determined by current law) or older in the current calendar year. The notice will inform the Participant that required minimum distributions (“RMD”) must begin no later than the April 1 of the calendar year following the later of attainment of age 73 (or such other age as determined by current law) or retirement (subject to the terms of the Plan). Nationwide will automatically distribute the RMD to the Participant if no direction is received from the Participant. e. NaƟonwide shall: i. Maintain systems to accurately track all parƟcipants subject to RMD requirements; ii. Calculate RMDs in accordance with applicable IRS regulaƟons; iii. Provide RMD calculaƟons to affected parƟcipants by December 1 of each year; iv. AutomaƟcally process RMDs for parƟcipants who do not provide direcƟon by the deadline; v. Maintain detailed records of all RMD calculaƟons and distribuƟons; vi. Correct any RMD errors at NaƟonwide's expense, including payment of any IRS penalƟes resulƟng from NaƟonwide's calculaƟon errors; and 10. TAX REPORTING a. For each Participant that has received a benefit payment, Nationwide shall furnish tax reporting forms. The forms will be provided in the manner and time prescribed by federal and state law. b. To the extent required by federal and state law, Nationwide will calculate and withhold from each benefit payment federal and state income taxes. Nationwide will report such withholding to the federal and state governments as required by applicable law. c. Plan Sponsor will be responsible for all tax reporting requirements for periods before the Effective Date of this Agreement, or after the termination date of this Agreement, unless otherwise agreed to in writing by the parties to this Agreement. 11. UNCLAIMED PROPERTY Nationwide shall administer Participant and beneficiary unclaimed property funds, including but not limited to uncashed distribution checks and death claims, in accordance with Nationwide’s standard 317 Nationwide Agreement Page 9 of 30 unclaimed property procedures, and in accordance with Florida's Uniform Disposition of Unclaimed Property Act (Chapter 717, Florida Statutes) and any other applicable state and federal requirements. 12. SERVICES RELATED TO PARTICIPANT COMMUNICATION AND EDUCATION a. Communication and Education i. Participant Statements 1. Participants will receive consolidated quarterly statements detailing their account activity and account balances for the Plan. 2. Nationwide agrees to deliver account statements (by U.S. mail or electronically) to Participants within thirty calendar days after the end of each calendar quarter. This timeframe is contingent upon Nationwide receiving fund returns from the mutual fund providers within four Business Days after the end of each quarter. b. Website i. Participants may access the website via a secured internet site, using industry-standard encryption, at www.nrsforu.com to review and make changes to their accounts. The website complies with applicable data protection and privacy laws. The website is the exclusive property of Nationwide. ii. Using this site, Participants may: (i) obtain information regarding their accounts, and (ii) conduct certain routine transactions with respect to their accounts. The Plan Sponsor authorizes Nationwide to honor instructions regarding such transactions that a Participant submits using the secure Internet site. Nationwide shall implement reasonable physical and technical safeguards to protect personal information made available on its Internet site. Such safeguards shall be no less rigorous than generally accepted industry practices. iii. The website is available twenty-four hours a day, except for routine maintenance of the system. iv. The Participant website experience will include access to an education library offering investment education. Content is delivered via multiple formats, which can include short videos, print materials, and workshop modules. v. The website shall comply with Section 508 of the Rehabilitation Act and WCAG 2.1 Level AA accessibility standards to ensure access for participants with disabilities. Commented [SW4R2]: Okay Commented [AH4]: We do not have annual reports for unclaimed property Commented [SW5]: Please provide a copy of procedures for City review. Commented [LA5R2]: Researching and will provide shortly. 318 Nationwide Agreement Page 10 of 30 c. Interactive Voice Response System i. Nationwide will provide an interactive voice response (IVR) toll free telephone number, which shall be operative twenty-four hours per day, seven days per week, except for routine maintenance of the system. ii. Participants will be able to conduct routine Plan transactions and obtain account balance information through the IVR. iii. The Plan Sponsor authorizes Nationwide to honor Participant instructions, which may be submitted using the toll-free number, either through the IVR or a live representative. d. Customer Service Nationwide’s customer service representatives will be available toll-free to answer Participant questions and process applicable transactions between the hours of 8:00 a.m. and 11:00 p.m. Eastern Time each Monday through Friday, and between the hours of 9:00 a.m. and 6:00 p.m. Eastern Time each Saturday, except for certain holidays as dictated by the New York Stock Exchange holiday trading schedule. e. Participant Engagement Program i. Nationwide will provide a personalized communication program (Participant Engagement Program or “PEP”) designed to engage Participants in retirement planning and motivate them to take action to improve their financial future. The program may include delivery methods such as email, digital targeting, social targeting, and Direct Mail. ii. Use of Third-Party Marketing Firm: Plan Sponsor understands that Nationwide uses a third- party marketing firm to provide the PEP, that the use of a third-party marketing firm may be essential to provide the PEP due to its personalized features, and that such a program cannot be offered without such use. Nationwide shares Participant data with the marketing firm to allow it to target the appropriate retirement plan messages to each Participant based on the Participant’s individual characteristics, demographics, and behaviors while considering the Participant’s preferences for accessing information, electronically or otherwise, for more impactful delivery. iii. Sharing of Participant Data: Nationwide may not share participant data with any other third-party marketing firm without the City’s prior written approval for each specific firm. Each approval request must identify the proposed firm, the specific data to be shared, the purpose and duration of sharing, and proof of required insurance and security measures, which the City may approve, deny, or conditionally approve in its sole discretion. Under no circumstances may Nationwide or any third-party marketing firm sell, license, or otherwise monetize participant data. Participant data will only be shared with the third-party marketing firm for Plan-related purposes. Only third- party marketing firms that comply with all applicable state and federal privacy laws, including the relevant provisions of the Gramm-Leach-Bliley Act, will be utilized. All Participant data will be secured and protected at all times to avoid unauthorized access, and the third-party marketing firm must agree to abide by all current applicable legal and industry-standard data security and privacy requirements. The City's approval for sharing of participant data with third-party Commented [AH6]: PEP is a universal marketing program, cannot delay communications for individual Plan Sponsor review requirements, Plan Sponsor can opt out of PEP use. Commented [LA6R2]: Also, bear in mind that participant data does not leave Nationwide and the emails are being sent directly out of Nationwide. Commented [SW6R3]: Okay 319 Nationwide Agreement Page 11 of 30 marketing firms is expressly conditioned upon: any third-party marketing firm(s) maintaining the same insurance requirements as Nationwide, including cyber liability coverage, and agreeing to be bound by the security requirements of this Agreement. Nationwide shall remain fully and solely liable for any data breach, unauthorized access, misuse of participant information, or other security incident involving any third-party marketing firm. The City shall have no liability whatsoever for the acts, omissions, negligence, or misconduct of any third-party marketing firm, and Nationwide's indemnification obligations under Section 18(a) shall apply to all claims arising from third-party marketing firm actions. The City may withdraw approval for any third-party marketing firm at any time, and Nationwide shall immediately cease data sharing and cause the firm to delete or return all participant data within ten (10) business days 13. SERVICES RELATED TO INVESTMENT OPTIONS a. Plan Sponsor acknowledges that it has exercised its fiduciary duties in selecting the Plan’s funding vehicles and the applicable investment line-up under such funding vehicles. b. Plan Sponsor agrees to accept the terms and conditions of the annuity contracts, mutual funds, any other investment products, and investment advice agreements after being provided with a copy of same. c. To the extent the Plan utilizes funding vehicles that engage an independent investment advisor to establish and maintain the investment line-up, Plan Sponsor agrees that failure to follow the independent investment advisor’s recommendation in accordance with the terms of its agreement with the independent investment advisor will cause Plan Sponsor to become the investment fiduciary for the Plan. d. Nationwide agrees to accept contributions to the Plan for investment in the investment options selected by the Plan Sponsor, a product’s independent investment advisor, or other responsible Plan fiduciary in its sole discretion and agreed to by Nationwide. e. Default Investment Option. If a participant fails to provide investment direction for contributions or account balances, such amounts shall be invested in the Plan's default investment option as designated by the City in writing. The City shall select a default investment option that meets applicable regulatory requirements. Nationwide shall notify participants of the default investment option at enrollment. 14. COMPENSATION a. As compensation for the performance of the Administrative Services provided by Nationwide pursuant to this Agreement, the Plan Sponsor and Nationwide agree that Nationwide shall be entitled to receive an annualized compensation requirement of 0.065% (6.5 basis points) of the Plan’s account value held by Nationwide$39 per participant per year (“Compensation Requirement”) to be calculated and collected according to Nationwide’s standard business practices, with a maximum fee to participants of $39 per year. Nationwide’s Compensation Requirement will be taken in the form of an explicit asset fee applied against all Plan assets under management, including Plan balances held in the Self-Directed Brokerage Account (“SDBA”) and as outstanding participant loan balances. The explicit asset fee of 6.5 basis points will be taken against participant loans by applying an additional finance charge to the loan interest rate. In Commented [LA7R2]: Sample Schwab SDO Implementation document provided separately. Commented [AH7]: This language is part of the Schwab SDO agreement. Commented [AH8]: We do not sent out annual notifications of the default investment option available to participants. Commented [SW8R2]: Okay Commented [AH9]: Nationwide does not propose fund changes. Will defer to the Plan Sponsor or plan fiduciary to provide these changes. Commented [SW9R2]: Okay Commented [AH10]: Nationwide’s pricing can be 6.5 bps or $39 per participant but we cannot cap 6.5 bps with a flat dollar amount. Commented [SW10R2]: City would like to cap at $39 per participant. Please confirm how highlighted section should be handled. Formatted: Highlight 320 Nationwide Agreement Page 12 of 30 addition to the foregoing, the parties acknowledge and agree that Nationwide may receive revenue associated with annuity contracts, revenue from mutual fund providers, as well as fees associated with specific services or products. b. The Plan Sponsor directs Nationwide to assess and collect an additional explicit asset fee of 0.06% (6 basis points), to be applied against all Plan assets under management, including Plan balances held in the Self-Directed Brokerage Account but excluding participant loan balances, to be remitted to Plan Sponsor for reasonable and necessary Plan related expenses. This additional asset fee will be calculated and collected from participant accounts according to Nationwide’s standard business practices. This Plan expense charge will be in addition to Nationwide’s Compensation Requirement described in Section 14.a. above. c. The Plan Sponsor acknowledges that Nationwide and its affiliates receive payments in connection with the sale and servicing of investments allocated to participant Plan accounts (“Investment Option Payments”). The Investment Option Payments include mutual fund service fee payments as described in detail at www.nrsforu.com, and other payments received from investment option providers. The Plan Sponsor directs Nationwide to credit all Investment Option Payments to participant accounts on a quarterly basis. The Investment Option Payments shall be credited to participant accounts on a pro-rata basis based on each participant’s total assets held in all Plan investment options that generated the Investment Option Payments. d. The Plan Sponsor directs Nationwide to establish and maintain a separate account (the “Plan Expense Account”) to which the asset fee of 6 basis points referred to in Section 14.b. will be credited. The Plan Expense Account will be funded on a quarterly basis. The Plan Sponsor will select a single investment vehicle to be used for the Plan Expense Account, which cannot be an investment vehicle included in the participant investment option line-up. The Plan Sponsor will direct Nationwide, in writing, to pay reasonable and necessary Plan expenses directly to the Plan Sponsor or to a Plan service provider. i. When each invoice is submitted to Nationwide for payment, the Plan Sponsor shall certify in writing that the expenses represented by the invoice are reasonable and necessary Plan expenses. As the fiduciary of the Plan, the Plan Sponsor is solely responsible for making determinations with respect to the appropriateness of all expenses of the Plan and how the Plan Expense Account is managed. Nationwide does not accept this responsibility. ii. The Plan Sponsor will maintain the cumulative balance held in the Plan Expense Account at a reasonable level given the size of the Plan and the Plan’s total annual expenses. Should the cumulative balance of the Plan Expense Account exceed a reasonable level, Plan Sponsor will direct Nationwide to allocate any excess accumulation to participant accounts on a pro-rata basis based on their total account balance. iii. Notwithstanding Section 14.d.ii. above, at the direction of Plan Sponsor, any balance in the Plan Expense Account that has not been applied to pay for reasonable and necessary Plan 321 Nationwide Agreement Page 13 of 30 expenses can be allocated to participant accounts on a pro-rata basis based on their total account balance on an annual basis to be mutually determined and agreed to by the parties. iv. Quarterly Reconciliation: Nationwide shall provide the City with detailed quarterly reconciliations of the Plan Expense Account showing: 1. Beginning balance 2. Asset fees collected and deposited 4. Expenses paid 5. Payees and purpose of each payment 6. Ending balance v. Annual Review: The City shall conduct an annual review of the Plan Expense Account balance and uƟlizaƟon. If the annual administraƟve costs are less than the annual contribuƟons to the Plan Expense Account for two (2) consecuƟve years, the parƟes shall negoƟate a reducƟon in the asset fee under SecƟon 14(b). vi. Excess Balance Threshold: The parƟes agree that a “reasonable level” for the Plan Expense Account balance shall not exceed two (2) Ɵmes the average annual Plan administraƟve expenses over the prior three (3) years. Any balance exceeding this threshold shall be allocated to parƟcipant accounts within sixty (60) days e. The Plan Sponsor acknowledges that it has received all information about compensation paid to Nationwide as the Plan Sponsor has reasonably requested and has determined that the total amount of compensation paid to Nationwide as described in this Section 14 is reasonable and appropriate for the services provided. f. To the extent offered under the Plan, in addition to the above-described fees, Nationwide shall also receive fees with respect to a Participant’s use of Participant loan administration, the Self- Directed Brokerage Account (“SDBA”), and managed account services as follows: i. Loans – If requested by the Plan Sponsor and permitted under the terms of the Plan, Nationwide will assist the Plan Sponsor in processing Participant loan requests pursuant to Participant loan administrative procedures approved by the Plan Sponsor and Nationwide. All Participant loan fees are governed by Nationwide’s Plan Loan Procedures document, a copy of which has been provided to the Plan Sponsor. Nationwide shall make available loan reporting to the Plan Sponsor via the website. Nationwide shall ensure that all loan administration complies with applicable IRS regulations and Plan provisions. The City reserves the right to reasonably audit loan files and procedures. ii. Self-Directed Brokerage Account – The Plan offers an SDBA investment option for qualifying participants in the Plan. Initial and annual administrative fees may be charged as outlined in the separate fee agreement for the SDBA, which will be provided to each Participant by Nationwide. iii. Managed account services - Managed account services are offered by Morningstar or Nationwide Investment Advisors (“NIA”), an affiliate of Nationwide, and the Plan Sponsor 322 Nationwide Agreement Page 14 of 30 must execute a separate agreement with Morningstar or NIA if the Plan Sponsor wants to add managed account services to the Plan. Only participants who choose to utilize the managed account service are assessed fees. Such fees are authorized in a separate agreement between the participant and Morningstar or NIA and are assessed pursuant to the terms and conditions of such agreement. Nationwide shall provide the City with quarterly reports on managed account utilization, including the number of participants using the service and the average account balance. Nationwide shall ensure that Morningstar or NIA provides participants with clear disclosure of the methodology, assumptions, and limitations of managed account advice. The City reserves the right to request that Nationwide change managed account providers, or remove the managed account service, if participant satisfaction falls below acceptable levels or if fees become non-competitive. Nationwide shall ensure that managed account providers maintain appropriate professional liability insurance and agree to comply with all fiduciary standards. Fees related to participant loans, the SDBA, and managed account services are in addition to the fees in Sections 14.a. and b. g. Plan Sponsor may request Nationwide and/or its affiliates to provide additional services not described in this Agreement by making such a request in writing, which Nationwide may decide to perform for compensation to be negotiated by the parties prior to the commencement of the additional services. h. Performance Benchmarking and Fees. i. NaƟonwide agrees to parƟcipate in industry benchmarking surveys and studies as reasonably requested by the City, not to exceed two (2) per year. ii. The City may periodically compare NaƟonwide's fees and services to industry benchmarks and may request adjustments if NaƟonwide's fees exceed the 75th percenƟle for comparable plans. i. Annual Audit Rights. The City, or its designated independent auditor, shall have the right to audit NaƟonwide's records, systems, and procedures related to the Plan at any Ɵme during regular business hours, upon reasonable noƟce (a minimum of five (5) Business Days). Audits may include, but are not limited to: i. Fee calculaƟons and billing accuracy ii. ContribuƟon processing and allocaƟon iii. DistribuƟon processing iv. Investment opƟon payment calculaƟons v. Compliance with service level agreements Commented [AH11]: Quarterly reporting does not provide participant satisfaction metrics Commented [SW11R2]: okay Commented [SW12R2]: Okay Commented [LA12]: Governmental plans are not subject to ERISA fee disclosure requirements, Nationwide provides an alternate Plan Sponsor level fee summary. Please see the attached fee summary 323 Nationwide Agreement Page 15 of 30 vi. Data security pracƟces vii. Any other maƩer related to NaƟonwide's performance under this Agreement NaƟonwide shall cooperate fully with any audit and provide all requested documentaƟon, as well as access to systems and personnel. If any audit reveals overcharges, errors, or non-compliance, NaƟonwide shall: (a) Correct all errors within thirty (30) days, (b) Refund any overcharges with interest at the applicable federal rate, and (c) Reimburse the City for the reasonable cost of the audit if material errors are found (defined as errors exceeding $10,000 or 1% of annual fees, whichever is less). The City may conduct such audits at any Ɵme and shall perform at a minimum one comprehensive audit every three (3) years. 15. FRAUD a. Nationwide will investigate suspected fraud in accordance with its standard procedures. b. Nationwide will report any fraud that is confirmed after performing its investigation to Plan Sponsor. c. Nationwide will work with Plan Sponsor to determine the appropriate action to mitigate or rectify any discovered fraud. d. If Nationwide suspects fraud with respect to an ACH transfer, Plan Sponsor agrees that Nationwide may issue a physical check to the Participant instead. 16. ASSIGNABILITY AND PROVISION OF SERVICES a. Except as otherwise specifically provided for in this Agreement, Plan Sponsor acknowledges that the Administrative Services under this agreement will be performed by Nationwide or one of its affiliates. b. Except as provided for in Subsection “a” above, no party to the Agreement will assign the performance of services without the express written consent of the other party, which consent shall not be unreasonably withheld. Unless agreed to by the parties, such assignment shall not relieve any party to this Agreement of any duties or responsibilities herein. This provision does not restrict Nationwide’s right to delegate certain services to agents, affiliates, and vendors. 17. CONFIDENTIALITY, PUBLIC RECORDS, AND DATA SECURITY AND CYBER SECURITY AND PARTICIPANT DATA OWNERSHIP The City is the official owner of all participant information, and Nationwide is merely the steward using the information to facilitate running the 457 Plan for the City’s participants. a. Nationwide agrees to maintain all information obtained from or related to all Plan Participants as confidential. b. Plan Sponsor authorizes Nationwide to disclose Plan and employee information to its agents, affiliates, vendors, brokers, registered representatives, and professional advisors (such as 324 Nationwide Agreement Page 16 of 30 attorneys, accountants, and actuaries) to enable or assist them in the performance of their duties hereunder and other plan-related activities. c. Plan Sponsor agrees to allow the periodic distribution to its employees of materials prepared by Nationwide regarding products and services offered by Nationwide, or its affiliates, which Nationwide reasonably believes would be beneficial to such Plan Participants. d. Except as provided for in Sections 12(e) and 17(b), Plan Sponsor agrees that Plan and Participant information may also be used or disclosed by Nationwide to other third parties pursuant to a written authorization signed by Plan Sponsor. e. Notwithstanding anything to the contrary contained herein, it is expressly understood that Nationwide retains the right to use any and all information in its possession in connection with its defense and/or prosecution of any litigation that may arise in connection with the Agreement, the investment arrangement funding the Plan, or the Plan; provided, however, in no event will Nationwide release any information to any person or entity except as permitted by applicable law. f. Notwithstanding the foregoing, the Plan Sponsor is a public agency subject to Chapter 119, Florida Statutes. Nationwide shall comply with Florida's Public Records Law. Specifically, Nationwide shall: 1. Keep and maintain public records required by the City to perform the service; 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, Fla. Stat., or as otherwise provided by law; 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 contract term and, following completion of the contract, Nationwide shall destroy all copies of such confidential and exempt records remaining in its possession once Nationwide transfers the records in its possession to the City; and 4. Upon completion of the contract, Nationwide shall transfer to the City, at no cost to the City, all public records in Nationwide's possession. All records stored electronically by Nationwide 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. IF NATIONWIDE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO NATIONWIDE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE, 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA, 33435, 561-742-6060, CityClerk@bbfl.us g. Data and Cyber Security Standards and Incident Response i. Nationwide shall implement and maintain comprehensive information security measures that comply with: SOC 2 Type II certification (to be provided annually), NIST Cybersecurity Framework, all applicable federal and state data protection laws, and industry best practices for financial services data security. Commented [AH13]: Sent to Office of Privacy for review 325 Nationwide Agreement Page 17 of 30 ii. Technical Safeguards: Nationwide shall maintain: a. Encryption of all participant data at rest using AES-256 or equivalent b. Encryption of all participant data in transit using TLS 1.2 or higher c. Multi-factor authentication for all system access d. Regular security assessments and penetration testing (minimum annually) e. Intrusion detection and prevention systems f. Secure backup and disaster recovery capabilities iii. Annual Certification: Nationwide shall provide the City annually with: a. SOC 2 Type II audit report b. Certificate of cybersecurity insurance c. Summary of security incidents (if any) and remediation d. Updated security policies and procedures iv. Breach Notification: In the event of any actual or suspected security breach, unauthorized access, or data compromise affecting Plan data or participant information: a. Nationwide shall notify the City within 24 hours of discovery b. Nationwide shall provide written notice within 72 hours, including: 1. Nature and scope of the breach 2. Number of affected participants 3. Types of information compromised 4. Steps taken to contain and remediate 5. Nationwide's plan for participant notification c. Nationwide shall bear all costs associated with breach notification, credit monitoring, identity theft protection, and any regulatory penalties d. Nationwide shall cooperate fully with any investigation e. Identity Protection Services: In the event of any security breach involving participant personal information (including but not limited to Social Security numbers, financial account information, or other personally identifiable information), Nationwide shall provide, at no cost to the City or affected participants, comprehensive identity theft protection and credit monitoring services to all affected participants for a minimum period of twelve (12) months from the date of breach notification. Such services shall include at minimum: 1. Credit monitoring across all three major credit bureaus (Equifax, Experian, TransUnion) 2. Identity theft insurance with coverage of at least $1,000,000 3. Fraud resolution services with dedicated case managers 4. Dark web monitoring for compromised information 5. Credit report lock or freeze assistance The identity protection services must be provided by a reputable third-party vendor and activated within ten (10) business days of participant notification. Nationwide shall bear all costs for these services and may not pass such costs through to participants or the Plan in any manner. 326 Nationwide Agreement Page 18 of 30 v. Third-Party Access: Any third-party vendor used by Nationwide that has access to participant data must meet the same security standards and be approved by the City in writing. vi. Right to Audit: The City reserves the right to audit Nationwide's security practices and receive information security assessments upon reasonable notice. i.vii. Incident Response Plan: Nationwide shall maintain a comprehensive written cybersecurity incident response plan and shall provide a copy to the City upon request. The incident response plan shall include: procedures for immediate containment of security incidents, notification protocols and timelines, forensic investigation procedures, communication plans for affected participants, regulatory reporting requirements, and recovery and remediation procedures. Nationwide shall update the City annually on any material changes to its incident response plan. 18. INDEMNIFICATION, INSURANCE, AND SOVEREIGN IMMUNITY a. Nationwide Indemnification. i. Nationwide agrees to indemnify, defend and hold harmless Plan Sponsor, its officers, directors, agents, and employees from and against any loss, damage or liability assessed against Plan Sponsor or incurred by Plan Sponsor arising out of or in connection with any claim, action, or suit brought or asserted against Plan Sponsor alleging or involving Nationwide’s nonperformance of the provisions of the Agreement under Nationwide’s exclusive control, or negligence or willful misconduct in the performance of its services, duties and obligations under the Agreement. In addition, Nationwide represents, warrants, and covenants that the indemnification in this paragraph is enforceable under applicable law and that Nationwide will not assert a position contrary to such representation in any judicial or administrative proceeding. ii. Data Breach Indemnification. Nationwide specifically agrees to indemnify, defend, and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, actions, suits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or relating to: 1. Any actual or suspected data breach, unauthorized access, or compromise of Plan data or participant information while in Nationwide's possession, custody, or control, or in the possession, custody, or control of any third party with whom Nationwide shares such data pursuant to this Agreement; 2. Nationwide's failure to comply with the data security requirements set forth in Section 17(g) of this Agreement; 3. Any violation of applicable federal or state data protection laws, including but not limited to the Gramm-Leach-Bliley Act, by Nationwide or any third party with whom Nationwide shares participant data; Commented [AH14]: Sent to Office of Privacy for review 327 Nationwide Agreement Page 19 of 30 4. Any claims brought by Plan participants or their beneficiaries arising from or relating to any data breach, unauthorized access, or misuse of their personal information by Nationwide or any third party with whom Nationwide shares such data; and 5. All costs of breach notification, credit monitoring, identity theft protection services, forensic investigation, regulatory penalties, fines, and any other costs arising from a data security incident. This indemnification obligation applies regardless of whether the breach or incident was caused by Nationwide's negligence, the negligence of its employees or agents, the acts or omissions of third-party vendors or contractors, or system vulnerabilities. Nationwide's indemnification obligations under this subsection shall not be limited by any liability cap and shall survive termination of this Agreement for the full period of any applicable statute of limitations. b. City Indemnification. To the extent not prohibited by state law, and subject to the limits of sovereign immunity, Plan Sponsor agrees to indemnify, defend and hold harmless Nationwide, its officers, directors, agents, and employees from and against any loss, damage or liability assessed against Nationwide or incurred by Nationwide arising out of or in connection with any claim, action, or suit brought or asserted against Nationwide alleging or involving Plan Sponsor’s non-performance of the provisions of the Agreement under Plan Sponsor’s exclusive control, or negligence or willful misconduct in the performance of its duties and obligations under this Agreement. In addition, Plan Sponsor represents, warrants, and covenants that the indemnification in this paragraph is enforceable under applicable law and that Plan Sponsor will not assert a position contrary to such representation in any judicial or administrative proceeding. Notwithstanding anything in this section, Plan Sponsor is a municipal corporation of the State of Florida and has sovereign immunity from certain claims under Florida law, including Section 768.28, Florida Statutes. If Plan Sponsor is required to indemnify Nationwide under this Agreement, the limitations on tort liability under Section 768.28, Florida Statutes, shall be the applicable limitations for Plan Sponsor’s indemnification obligations under this Agreement, regardless of the nature or basis of the claim asserted. 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 Plan Sponsor, nor shall anything included herein be construed as consent by Plan Sponsor to be sued by third parties in any matter arising out of this Agreement. The obligations of this section shall survive the expiration or earlier termination of this Agreement. c. Nothing in this Agreement or herein shall be considered or construed to waive the Plan Sponsor's rights and immunities under common law or section 768.28, Florida Statutes, as may be amended. d. Limitation of Liability for City. Notwithstanding any provision of this Agreement, the City shall not be liable or responsible to Nationwide beyond the amounts due to Nationwide under this Agreement, regardless of whether said liability be based in tort, contract, or otherwise; and in no event shall the City be liable to Nationwide for punitive or exemplary damages, lost profits, or consequential damages. The City's total aggregate liability under this Agreement, for any and all claims, shall not exceed the total fees paid or payable to Nationwide in the twelve (12) months immediately preceding the event giving rise to liability. 328 Nationwide Agreement Page 20 of 30 e. Insurance. At the time of execution of this Agreement and continuously throughout the term, Nationwide shall maintain and provide the City with a copy of its Certificate of Insurance reflecting the minimum insurance coverages set forth in the Insurance Advisory attached hereto and incorporated herein by reference. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insureds. All policies except Workers' Compensation and Professional Liability shall name the City of Boynton Beach and its officers, employees, and agents as additional insureds on a primary and non-contributory basis. All policies shall include a waiver of subrogation in favor of the City. All policies shall provide that coverage shall not be canceled, non-renewed, or materially reduced without at least thirty (30) days' prior written notice to the City. Nationwide shall provide the City with Certificates of Insurance evidencing the required coverage prior to commencement of services and annually thereafter. Certificates shall be sent to: City of Boynton Beach Risk Management Division P.O. Box 310 Boynton Beach, Florida 33425 Failure to maintain required insurance shall be grounds for immediate termination of this Agreement. The insurance requirements outlined herein are the minimum requirements and shall not be construed as limiting Nationwide's liability under this Agreement. 19. PARTIES BOUND This Agreement and the provisions thereof shall be binding upon and shall inure to the benefit of the successors and assigns of Nationwide and Plan Sponsor. This Agreement shall be enforceable only by the parties, not by Plan Participants or other third parties, and is intended to create no third- party beneficiaries. 20. MODIFICATION a. The parties intend this writing to be both the final expression of the Agreement between the parties and a complete statement of the terms of the Agreement. Notwithstanding anything contained herein to the contrary, the parties may amend the Agreement from time to time and as mutually agreed upon. Except as otherwise provided herein, no modification of the Agreement will be effective unless and until such modification is evidenced by a writing signed by both parties. b. Notwithstanding the above, if Nationwide determines that an amendment to the Agreement is necessary that affects more than one plan sponsor and this change is communicated in writing to all affected plan sponsors, Nationwide reserves the right to implement the amendment on a prospective basis for any plan whose plan sponsor fails to respond to the request for written approval of the amendment in a timely fashion. Plan Sponsor hereby approves all such amendments unless a proper and timely response is made to Nationwide regarding any Agreement modification communicated to Plan Sponsor. 21. TERMINATION 329 Nationwide Agreement Page 21 of 30 a. Either the Plan Sponsor or Nationwide may terminate the Agreement for any reason upon providing 120 days’ written notice to the other party. b. In the event either party fails to perform any or all of its obligations as defined in the Agreement, the non-defaulting party shall give the defaulting party written notice, specifying the particulars of the default. If such default is not cured within sixty days from the date in which notice of default is given, the non-defaulting party may terminate the Agreement upon 60 days written notice to the defaulting party. c. Provision of such written notice of termination by Plan Sponsor to Nationwide does not relieve the Plan Sponsor of any termination requirements that may be associated with specific investment options. d. Plan Sponsor further acknowledges and agrees that the Plan is responsible for any investment product liquidation fees, if applicable, and that neither Nationwide nor any of its affiliates assumes liability for any such fees. e. Transition Assistance. Upon termination, Nationwide shall provide transition assistance to the successor administrator for a period of up to one hundred twenty (120) days at no additional cost to the City, including, but not limited to: (a) participation in transition meetings and conference calls as reasonably necessary, (b) maintain all systems and services during the transition period, and (c) continue to provide customer service to participants during the transition. f. Upon the effective date of termination of this Agreement, the following shall occur: i. Nationwide will no longer accept contributions to the Plan except by agreement of the parties. ii. Nationwide will: 1. Provide Plan Sponsor, or such other entity as the Plan Sponsor may designate in writing, with a copy of all Participant records in an electronic format and within a time frame as mutually agreed upon between Nationwide and Plan Sponsor, and provide a final reconciliation of all Plan assets, fees, and accounts. 2. Transfer any periodic distribution amounts and schedules, continuing loan repayments, or other ongoing Participant transactional activity to the Plan Sponsor, or such other entity as the Plan Sponsor may designate in writing, in accordance with the time frame agreed to by the parties for the delivery of Participant records. 3. Transfer all Plan assets under its control to the Plan Sponsor or to such other entity as the Plan Sponsor may designate in writing in accordance with the funding arrangement terms. Nationwide agrees to provide a final accounting of all Plan assets for which Nationwide provides recordkeeping. 330 Nationwide Agreement Page 22 of 30 22. CIRCUMSTANCES EXCUSING PERFORMANCE a. Neither party to the Agreement will be in default by reason of failure to perform in accordance with its terms if such failure arises out of causes beyond their reasonable control and without fault or negligence on their part. Such causes may include, but are not limited to, Acts of God or public enemy, acts of the government in its sovereign or contractual capacity, severe malware or cyber-attack, fires, floods, epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather. Notwithstanding the foregoing, cybersecurity incidents shall not constitute force majeure events excusing Nationwide's performance if such incidents result from Nationwide's failure to maintain the security measures required by Section 17(g), including failure to apply timely security patches, implement required security controls, properly vet third- party vendors, or employ commercially reasonable security measures consistent with financial services industry standards. Any cybersecurity incident shall be presumed to result from Nationwide's inadequate security unless Nationwide demonstrates by clear and convincing evidence that: (i) all Section 17(g) security measures were fully operational, (ii) the incident resulted from a novel zero-day attack not preventable through reasonable measures, and (iii) Nationwide's incident response complied with its plan and legal requirements. a.b. Neither party will be responsible for performing all of that portion of services precluded by the foregoing events for such period of time as Plan Sponsor or Nationwide are precluded from performing such services in the normal course of business. Neither Nationwide nor Plan Sponsor will be liable for lost profits, losses, damage, or injury, including, without limitation, special or consequential damages, resulting in whole or in part from the foregoing events. b.c. The party claiming force majeure shall notify the other party in writing within forty-eight (48) hours of the occurrence of the force majeure event and shall provide regular updates on the status and expected duration of the disruption. c.d. The party claiming force majeure shall use commercially reasonable efforts to mitigate the effects of the force majeure event and to resume performance as quickly as possible. d.e. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice without penalty. e.f. “Acts of God” are defined as acts, events, happenings, or occurrences due exclusively to natural causes and inevitable accident or disaster, exclusive from all human intervention. 23. NO WAIVER The failure of either party to enforce any provision of the Agreement will not be construed as a waiver of that provision or of any other provision in the Agreement. Either party may, at any time, enforce a provision previously unenforced, unless a modification to the Agreement has been executed that makes such provision unenforceable. 24. SEVERABILITY Any provision of the Agreement that is prohibited or unenforceable in any jurisdiction where performance is required will be ineffective to the extent such provision is prohibited or Commented [AH15]: Sent to Office of Privacy for review 331 Nationwide Agreement Page 23 of 30 unenforceable without invalidating the remaining provisions. Any prohibited or unenforceable provision in any one jurisdiction will not prohibit or render unenforceable such provision in any other jurisdiction. 25. AUTHORIZED PERSONS Plan Sponsor will furnish a list to Nationwide (and from time to time, whenever there are changes therein) of the individuals authorized to transmit instructions to Nationwide concerning the Plan and/or assets in the Plan, and written direction regarding the form of such instructions. 26. COMPLIANCE WITH LAWS Both Plan Sponsor and Nationwide agree to comply, in their respective roles under this Agreement, in all material respects with all applicable federal laws and regulations as they affect the Plan and the administration thereof. Nothing contained herein will be construed to prohibit either party from performing any act or not performing any act as either may be required by statute, court decision, or other authority having jurisdiction thereof. 27. SURVIVAL OF REPRESENTATIONS, WARRANTIES, INDEMNITY, AND CONFIDENTIALITY a. Notwithstanding anything to the contrary, any representations and warranties contained herein will survive termination of the Agreement for the full period of any applicable statute of limitations that may apply to the Agreement. Further, the party making any representation or warranty shall notify the other party in writing within five business days of any representation or warranty that is no longer valid. b. Notwithstanding anything to the contrary, any indemnity provisions contained herein will survive the termination of the Agreement for the full period of any applicable statute of limitations that may apply to the Agreement. c. Notwithstanding anything to the contrary, any confidentiality provisions contained herein will survive the termination of the Agreement for the full period of any applicable statute of limitations that may apply to the Agreement. 28. PRIVITY OF CONTRACT Plan Sponsor acknowledges and agrees that Nationwide and Participants of the Plan have no privity of contract with each other. 29. APPLICABLE LAW, VENUE, AND WAIVER OF JURY TRIAL This Agreement will be construed in accordance with the laws of the State of Florida. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of courts located in Palm Beach County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. This Agreement shall be construed under Florida Law. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER 332 Nationwide Agreement Page 24 of 30 VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 30. ATTORNEY’S FEES Each party agrees that in the event of a claim, arbitration, or lawsuit filed by a party to this Agreement, each party will be responsible for its own attorneys’ fees and/or any costs or expenses related to the bringing or defense of any such claim, arbitration, or lawsuit. 31. HEADINGS The headings of articles, paragraphs, and sections are included for convenience only and will not be considered by either party in construing the meaning of the Agreement. 32. PROHIBITED ACTIONS NaƟonwide shall not, without prior wriƩen approval from the City: a. Enter into any agreement or arrangement that would subordinate Plan assets to claims of NaƟonwide's general creditors; b. Commingle Plan assets with NaƟonwide's general assets; c. Use Plan assets or parƟcipant informaƟon for any purpose other than administraƟon of the Plan; d. Make any material changes to the services provided under this Agreement; e. Subcontract any material services to third parƟes not previously disclosed and approved; f. Implement any new fees or charges not specified in SecƟon 14; g. Materially modify the website, IVR system, or parƟcipant communicaƟon plaƞorms without providing the City with at least sixty (60) days' advance noƟce and opportunity to review. 33. SERVICE LEVEL AGREEMENTS Service Benchmark Amount at Risk Phone Call Center response time 70% within 30 seconds $250/quarterly Statements Participant statement mail time Within 15 business days of the end of the reporting period $250/quarterly Commented [LA16]: Alternate SLA summarized below 333 Nationwide Agreement Page 25 of 30 Plan Sponsor statement mail time Within 30 days of the end of the reporting period $250/quarterly Participant online statement posting Within 15 business days of the end of the reporting period $250/quarterly Plan Sponsor online statement posting Within 30 days of the end of the reporting period $250/quarterly Administration Contribution posting Same business day if received in good order by 4 p.m. EST $250/quarterly if less than 99% Withdrawals processed Within five business days of receipt in good order $250/quarterly if less than 99% UE/Hardship withdrawals processed Within five business days of receipt in good order $250/quarterly if less than 99% Rollovers/transfers out processed Within five business days of receipt in good order $250/quarterly if less than 99% Loan processing (if applicable) Within five business days of receipt in good order $250/quarterly if less than 99% 34. MISCELLANEOUS LEGAL PROVISIONS a. Entities of Foreign Concern. Nationwide represents and certifies: (i) Nationwide 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 Nationwide; and (iii) Nationwide 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, Nationwide 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. 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. b. Anti-Human Trafficking. On or before the effective date of this Agreement, Nationwide shall provide City with an affidavit attesting that Nationwide does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. c. Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Nationwide 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. Nationwide represents and certifies that it is not, and for the 334 Nationwide Agreement Page 26 of 30 duration of the Term will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Nationwide represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. d. Verification of Employment Eligibility. Nationwide represents that Nationwide 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 Nationwide violates this section, City may immediately terminate this Agreement for cause, and Nationwide shall be liable for all costs incurred by City due to the termination. e. Public Entity Crime Act. Nationwide 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. Nationwide 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 Nationwide has been placed on the convicted vendor list. 35. ERROR CORRECTION a. Scope. "Errors" include incorrect contribution allocations or postings, incorrect investment of funds, incorrect account balance calculations, incorrect distributions or tax withholding, missed or late postings, data entry errors, system errors, and any other administrative errors affecting participants, except RMD errors governed by Section 9(e). b. Detection and Notification. Nationwide shall notify the City within two (2) business days of discovering any error, including description, participants affected, financial impact, root cause, and proposed correction. Nationwide shall investigate and respond to City or participant error reports within five (5) business days. c. Correction Timelines. Immediate (5 business days): Errors affecting <10 participants and <$10,000 aggregate Standard (15 business days): Errors affecting 10-50 participants or $10,000-$100,000 aggregate Complex (30 business days): Errors affecting >50 participants or >$100,000, or requiring IRS correction programs d. Make-Whole Requirement. All corrections shall make affected participants whole, including restoration of lost investment earnings from the error date through the correction date. Nationwide bears all correction costs (lost earnings, tax reporting, IRS fees) unless the error resulted from incorrect City-provided information. If Nationwide fails to correct any error within the applicable timeline under subsection (c), Nationwide shall: (i) pay affected participants interest on the correction amount at the applicable federal rate plus 2% from the original correction deadline through actual correction, and (ii) provide the City with a written explanation 335 Nationwide Agreement Page 27 of 30 of the delay and steps taken to prevent recurrence. Repeated failures to meet correction timelines may constitute grounds for termination under Section 21(b). e. Participant Notification. Nationwide shall notify affected participants within five (5) business days of completing corrections. f. Reporting. Nationwide shall provide quarterly reports summarizing all errors, participants affected, financial impact, corrections, time to correction, and root causes. g. Persistent Errors. If Nationwide commits similar errors in three (3) consecutive quarters, or any error affecting >10% of participants or >$250,000, the City may require an independent audit, corrective actions, enhanced monitoring, or terminate under Section 21(b). h. Survival. Error correction obligations survive termination for the full statute of limitations period. 36. REGULATORY CHANGES a. Monitoring and Notification. Nationwide shall monitor all laws and regulations affecting governmental 457(b) plans and notify the City within thirty (30) days of any material change significantly affecting the Agreement, Plan administration, Plan documents, participant rights, compliance requirements, or costs. Notifications shall include plain-language summary, effective date, impact, required actions, recommended Plan amendments, timeline, and cost estimate. However, any notifications by Nationwide to the City pursuant to this section will not be considered as legal or tax advice by the City. b. Included in Compensation (No Additional Cost). Nationwide shall implement at no additional cost all ordinary regulatory changes, including: Contribution limit/catch-up/RMD changes New disclosure or notice requirements Tax withholding/reporting changes Distribution rule modifications Standard recordkeeping/reporting requirements Regulatory form updates Participant communication changes Other changes affecting the retirement industry generally c. Extraordinary Changes (Cost Negotiation). Nationwide may request City cost-sharing only for extraordinary changes requiring: (i) fundamental restructuring of core systems affecting all Commented [WC17]: Added materiality/significant standard. Also provided that any such notice by NW is not legal or tax advice. 336 Nationwide Agreement Page 28 of 30 Nationwide-administered plans, (ii) entirely new service capabilities not contemplated, (iii) significant third-party development, or (iv) major capital investments. Requests must include detailed justification, itemized costs, industry comparison, and proposed allocation. City has sole discretion to approve or reject. If no agreement within sixty (60) days, either party may terminate under Section 21(a). d. Presumption. All regulatory changes are presumed ordinary and included in compensation unless Nationwide proves otherwise by clear and convincing evidence. e. Plan Amendments. Nationwide shall draft required Plan amendments at no cost. City may use Plan Expense Account for its counsel's review. f. Participant Communications. Nationwide shall provide participant communications regarding regulatory changes affecting participants, subject to City review/approval (15 business days advance, or shorter if legally required). g. Annual Certification. Nationwide shall annually certify: (i) compliance with all applicable laws, (ii) all required changes implemented, (iii) Plan administration conforms to legal requirements, (iv) no knowledge of non-compliance, and (v) no pending regulatory examinations/investigations. h. Regulatory Examination Support. If Plan, City, or Nationwide is examined by IRS, DOL, SEC, or other authority, Nationwide shall: immediately notify City, cooperate fully, provide City copies of all documents/correspondence, prepare responses, implement corrections, and bear all costs related to Nationwide's administration. i. Liability. Nationwide is liable for all penalties, fines, taxes, interest, and costs resulting from Nationwide's failure to implement regulatory changes, comply with laws, administrative errors causing non-compliance, failure to notify City, or failure to maintain required licenses/registrations. Nationwide shall make all parties whole, including penalties, interest, corrective distributions, legal fees, and adverse tax consequences for participants. j. Plan Disqualification. If Plan's 457(b) status is jeopardized due to Nationwide's errors or failures, Nationwide shall: notify City immediately, develop a correction strategy, bear all IRS correction program costs, engage qualified counsel at Nationwide's expense, compensate participants for adverse tax consequences, reimburse City for all costs, pay all penalties/sanctions, and restore Plan qualified status. Obligations survive termination. 37. NOTICES All notices and demands to be given by one party to another must be given by certified United States mail, addressed to the party to be notified or upon whom a demand is being made, at the addresses set forth in this Agreement or such other place as either party may, from time to time, designate in writing to the other party. Notice will be deemed received on the earlier of: (1) three days from the date of mailing, or (2) the day the notice is actually received by the party to whom the notice was sent. If to Nationwide: Nationwide Retirement Solutions, Inc. Three Nationwide Plaza, 3-06-302 337 Nationwide Agreement Page 29 of 30 245 N High Street Columbus, Ohio 43215 If to Plan Sponsor: City of Boynton Beach Attn: Director of Finance P.O. Box 310 Boynton Beach, Florida 33425 (SIGNATURES ON FOLLOWING PAGE) 338 Nationwide Agreement Page 30 of 30 By executing this agreement, Plan Sponsor represents and warrants that it is an “eligible employer,” as that term is defined in Code Section 457(e)(1)(A), which means “a State, political subdivision of a State, and any agency or instrumentality of a State or political subdivision of a State.” IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date signed by the Plan Sponsor. Nationwide Retirement Solutions, Inc. City of Boynton Beach, Florida Plan Sponsor By: _____________________________________ Name: __________________________________ Title: _______________________________ ___ Date: By: _____________________________________ Name: __________________________________ Title: ___________________________________ Date: 339 NRM-21797AO.8 (09/24) Q2-2025 vs. Q3-2025 QUARTERLY REPORT 457B Plan Performance Report BOYNTON BEACH FL 340 457B Beginning Balance $35,728,173 Activity Contributions $2,174,407 Distributions ($2,004,320) Fees ($22,695) Loans*$45,592 Other**$0 Gain (Loss)$1,612,453 Ending Balance $37,533,610 *Includes Loan Repayments, Disbursements, Write-offs, and Offsets. NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Plan Summary Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B From 7/1/25 to 9/30/25 341 Rollovers / Transfers Out ($252,320) Loan Disbursements ($95,000) Distributions ($2,004,320) Rollovers / Transfers In $1,315 Loan Payments $140,592 Contributions $2,174,407 New Enrollments 18 Average Participant Balance $66,080 Participants With A Balance 568 SDBA Balance $0 Outstanding Loans $1,208,609 Asset Balance $37,533,610 Prior Period ($83,548) Change $168,772 Prior Period ($156,832) Change ($61,832) Prior Period ($339,633) Change $1,664,688 Prior Period $0 Change $1,315 Prior Period $137,964 Change $2,627 Prior Period $530,970 Change $1,643,437 Prior Period 10 Change 8 Prior Period $64,608 Change $1,472 Prior Period 553 Change 15 Prior Period $0 Change $0 Prior Period $1,233,827 Change ($25,219) We’re here to help you deliver a retirement plan experience that works for your employees and for you. This quarterly plan performance report is designed to make plan oversight easier, giving you clear insights into the features and capabilities you’ve selected to support your employees’ retirement goals. We know you have choices when it comes to retirement plan providers. Thank you for your continued partnership. We look forward to helping you build retirement readiness across your workforce. NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Overview Prior Period $35,728,173 Change $1,805,437 Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 342 Average Asset Classes 4.74 Median Participant Balance $22,588 Average Participant Balance $66,080 Participants With A Balance 568 ProAccount Usage 285 Participants $15,233,842 Assets Roth Usage 80 Participants $307,536 Assets Other includes beneficiaries, disabled, etc Plan Assets By Employment Status $26.0M (69.3%) $9.6M (25.6%) $1.9M (5.1%) Employed Terminated Other Average Participant Balance By Age $10,101 $23,655 $59,493 $90,116 $104,824 $11,520 $24,018 $62,245 $93,568 $105,815 57 110 133 128 125 58 117 136 131 126 4.74 4.74 4.74 4.74 4.74 Prior Period Avg Balance Current Period Avg Balance Prior Period Participants Current Period Participants Average Asset Classes 29 & Under 30-39 40-49 50-59 60 & Over$0 $30,000 $60,000 $90,000 Prior Period 4.83 Change -0.09 Prior Period $22,681 Change ($93) Prior Period $64,608 Change $1,472 Prior Period 553 Change 15 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Participants Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 343 SDBA Participants 0 Total SDBA Balance $0 Roth Participants 80 Total Roth Balance $307,536 SDBA Counts & Average Balance by Age $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 0 0 0 0 0 0 0 0 0 0 Prior Period Avg Balance Current Period Avg Balance Prior Period Participants Current Period Participants 29 & Under 30-39 40-49 50-59 60 & Over Average SDO Balance$0 Prior Period 0 Change 0 Prior Period $0 Change $0 There is no SDO data for this plan. Roth Counts & Average Balance by Age $2,454 $3,690 $2,037 $5,761 $4,489 $3,159 $3,664 $2,681 $6,711 $4,952 15 20 20 12 6 15 22 24 12 7 Prior Period Avg Balance Current Period Avg Balance Prior Period Participants Current Period Participants 29 & Under 30-39 40-49 50-59 60 & Over$0 $3,000 $6,000 Average Roth Balance$3,844 Prior Period 73 Change 7 Prior Period $247,420 Change $60,116 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Optional Strategies Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 344 $269.19K (42.2%) $131.00K (20.5%)$99.07K (15.5%) $37.86K (5.9%) $28.77K (4.5%) $26.38K (4.1%) $25.34K (4.0%) $15.34K (2.4%) Large Cap International Asset Allocation Bonds Mid Cap Fixed Assets/Cash Small Cap Specialty Balanced Short-Term Investments Current Salary Contributions by Asset Category Contributions Activity Type Prior Period $Current Period $ Change $Prior Period # Current Period # Change # Account Split $0 $1,535,301 $1,535,301 0 2 2 Salary Contribution $530,970 $637,791 $106,822 367 380 13 Rollovers & Transfers $0 $1,315 $1,315 0 1 1 Total $530,970 $2,174,407 $1,643,437 367 382 15 Roth Contributions $45,573 Prior Period $34,795 Change $10,778 *Made a salary contribution within the period. Participants Contributing* 380 Prior Period 367 Change 13 Transfers In $0 Prior Period $0 Change $0 Rollovers In $1,315 Prior Period $0 Change $1,315 Salary Contributions $637,791 Prior Period $530,970 Change $106,822 Contributions $2,174,407 Prior Period $530,970 Change $1,643,437 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Contributions Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 345 Transfers Out $0 Rollovers Out ($252,320) Distributions ($2,004,320) Distributions Activity Type Prior Period $Current Period $ Change $Prior Period #Current Period #Change # Account Split $0 ($1,535,301)$1,535,301 0 2 2 Rollovers & Transfers ($83,548)($252,320)$168,772 2 2 0 Retirement ($236,284)($165,091)($71,193)13 10 -3 RMD ($15,662)($29,109)$13,447 5 7 2 In-Service $0 ($11,000)$11,000 0 1 1 Unforeseeable Emergency ($2,264)($9,625)$7,361 1 2 1 Total ($337,758)($2,002,445)$1,664,688 21 24 3 Prior Period $0 Change $0 Prior Period ($83,548) Change $168,772 Prior Period ($339,633) Change $1,664,688 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Distributions Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 346 % of Balance by Asset Class & Age 29 & Under 30-39 40-49 50-59 60 & Over Asset Class $ % $ % $ % $ % $ % Asset Allocation $109,746 16.4%$290,645 10.3%$310,703 3.7%$601,870 4.9%$879,971 6.6% Balanced $0 0.0%$598 0.0%$86,226 1.0%$45,422 0.4%$38,405 0.3% Bonds $17,345 2.6%$100,998 3.6%$538,814 6.4%$1,042,986 8.5%$859,899 6.4% Fixed Assets/Cash $13,042 2.0%$42,358 1.5%$244,569 2.9%$1,068,532 8.7%$4,350,790 32.6% International $151,514 22.7%$720,818 25.7%$2,053,854 24.3%$2,023,314 16.5%$962,937 7.2% Large Cap $297,242 44.5%$1,359,414 48.4%$4,062,553 48.0%$6,122,016 49.9%$5,375,187 40.3% Mid Cap $25,699 3.8%$123,734 4.4%$485,400 5.7%$562,377 4.6%$501,060 3.8% Small Cap $36,275 5.4%$93,132 3.3%$468,120 5.5%$602,250 4.9%$317,224 2.4% Specialty $17,280 2.6%$78,407 2.8%$215,144 2.5%$188,585 1.5%$47,158 0.4% Total $668,142 100.0%$2,810,104 100.0%$8,465,384 100.0%$12,257,350 100.0%$13,332,630 100.0% Asset Balances & Participant Counts Asset Class Prior Period $Current Period $Change $Prior Period #Current Period #Change # Asset Allocation $2,032,783 $2,192,934 $160,151 155 169 14 Balanced $158,466 $170,650 $12,184 12 12 0 Bonds $2,400,161 $2,560,041 $159,880 330 331 1 Fixed Assets/Cash $5,853,300 $5,719,291 ($134,009)398 399 1 International $5,485,308 $5,912,438 $427,130 369 371 2 Large Cap $16,207,230 $17,216,411 $1,009,181 429 431 2 Mid Cap $1,628,442 $1,698,270 $69,828 352 352 0 Small Cap $1,461,149 $1,517,001 $55,852 329 329 0 Specialty $501,334 $546,574 $45,239 299 301 2 Fund Type - Period Trend Large Cap Fixed Assets/Cash International Bonds Asset Allocation Mid Cap Small Cap 17.22M 5.72M 5.91M 2.56M 2.19M 1.70M 1.52M 16.21M 5.85M 5.49M 2.40M 2.03M 1.63M 1.46M Current Period Prior Period Allocation Asset Class Prior Period Current Period Asset Allocation 5.69%5.84% Balanced 0.44%0.45% Bonds 6.72%6.82% Fixed Assets/Cash 16.38%15.24% International 15.35%15.75% Large Cap 45.36%45.87% Mid Cap 4.56%4.52% Small Cap 4.09%4.04% Specialty 1.40%1.46% NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Assets Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 347 Investment Name Ticker Prior Period $Current Period $ Change $Prior Period #Current Period #Change # Fid Contra FCNTX $5,172,390 $5,435,960 $263,570 97 95 -2 Nationwide Fixed Account 2Za $5,075,274 $4,892,145 ($183,129)128 125 -3 NCIT AB LgCap Gr B XX483 $2,744,468 $2,859,223 $114,754 344 347 3 NCIT JnsHndrsn Ovrseas B XX482 $2,300,299 $2,474,353 $174,054 321 322 1 NW INTL INDX A GIIAX $1,664,964 $1,789,342 $124,377 316 320 4 NW Fd Inst Svc MUIFX $1,487,804 $1,603,935 $116,132 307 310 3 NCIT AmCent Eq Inc B XX280 $1,440,049 $1,549,590 $109,541 319 322 3 NW S P 500 Indx Inst Svc GRISX $1,333,929 $1,460,121 $126,192 311 315 4 AmFds Gr Fd Am A AGTHX $1,330,032 $1,440,012 $109,980 299 304 5 NCIT ClrBrdg LgCap Val B XX281 $1,062,476 $1,150,785 $88,308 312 315 3 NW Loomis Cor Bd Inst SVC NWJJX $924,270 $1,023,415 $99,145 308 311 3 AmFds New Wld R4 RNWEX $919,866 $1,003,858 $83,992 296 300 4 NCIT MFS MdCap Val B XX411 $812,293 $849,039 $36,747 316 318 2 BNYMel S P 500 Indx PEOPX $777,103 $809,536 $32,433 22 21 -1 NeuBer Genesis Tr NBGEX $776,560 $784,920 $8,360 296 297 1 Inc Am Rtrmt 5 FL MAS XX438 $742,771 $765,380 $22,609 37 37 0 Fixed Assets 2UZa $702,660 $748,720 $46,060 296 299 3 LrdAbt Hi Yld R5 LHYTX $674,556 $713,025 $38,469 315 316 1 NCIT WF Disc B XX292 $630,120 $652,324 $22,204 307 309 2 NW Glbl SustnblEq Inst Svc GGESX $600,179 $644,885 $44,706 33 32 -1 NW BD INDX A GBIAX $592,141 $604,654 $12,513 140 129 -11 CohenStrs RealEst Sec A CSEIX $501,334 $546,574 $45,239 299 301 2 NW LgCap Gr XX777 $495,363 $539,673 $44,310 29 30 1 NCIT AmCent SmCap Inc B XX410 $356,048 $365,152 $9,104 269 271 2 NW SMCAP INDX A GMRAX $267,639 $304,224 $36,585 29 29 0 Parnassus Cor Eq Inv PRBLX $252,558 $263,328 $10,770 15 15 0 NCIT Indx 2045 B XX286 $178,232 $199,396 $21,164 12 14 2 NW MDCAP MKT INDX A GMXAX $186,029 $196,907 $10,878 17 17 0 NCIT Indx Rtrmt B XX291 $169,569 $188,464 $18,895 3 3 0 NCIT Indx 2030 B XX283 $158,859 $173,952 $15,093 11 12 1 AmFds Inc Fd Am A AMECX $158,466 $170,650 $12,184 12 12 0 MngFrMe Mod Aggr Svc XX552 $149,558 $159,644 $10,086 7 7 0 MngFrMe Aggr Svc XX553 $146,802 $157,225 $10,423 8 8 0 PIMCO Forgn BdUS Dlr Hdg A PFOAX $109,469 $117,069 $7,600 77 78 1 NW GQG US Qulty Eq A NWAUX $111,058 $104,248 ($6,810)6 6 0 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Fund Balances & Utilization Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 348 Investment Name Ticker Prior Period $Current Period $ Change $Prior Period #Current Period #Change # NCIT Indx 2065 B XX290 $79,772 $101,395 $21,623 19 22 3 MngFrMe Mod Svc XX551 $86,171 $94,377 $8,206 16 17 1 NW Mny Mkt Prm MIFXX $75,366 $78,426 $3,060 6 6 0 Loomis LtdTrm Govt Agncy Y NELYX $72,887 $73,584 $697 2 2 0 NCIT Indx 2055 B XX288 $57,812 $68,681 $10,869 10 13 3 NCIT Indx 2060 B XX289 $59,182 $66,253 $7,071 11 13 2 NCIT Indx 2035 B XX284 $64,421 $65,338 $918 8 7 -1 NW NVIT Mult Mgr Sm Co I NA $60,902 $62,705 $1,803 6 6 0 NCIT Indx 2040 B XX285 $56,783 $60,842 $4,059 12 13 1 MngFrMe Cnsrv Svc XX549 $47,342 $48,960 $1,618 7 7 0 NCIT Indx 2050 B XX287 $31,782 $39,164 $7,382 6 8 2 NW Amundi Strat Inc A NWXEX $26,839 $28,294 $1,455 20 20 0 MngFrMe Mod Cnsrv Svc XX550 $3,728 $3,865 $136 2 2 0 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Fund Balances & Utilization Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 349 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Fund Name Beginning Balance Contributions Loan Activity Exchanges Distributions Fees Adjustments Gain/Loss Ending Balance Fid Contra $5,172,390 $607,726 $3,554 ($43,618)($612,632)($28)$0 $308,569 $5,435,960 Nationwide Fixed Account 2Za $5,075,274 $410,006 $1,645 ($1,996)($617,638)($141)$0 $24,995 $4,892,145 NCIT AB LgCap Gr B $2,744,468 $103,423 $9,533 ($59,728)($75,028)($1,801)$0 $138,357 $2,859,223 NCIT JnsHndrsn Ovrseas B $2,300,299 $114,402 $7,656 ($20,159)($68,196)($2,880)$0 $143,230 $2,474,353 NW INTL INDX A $1,664,964 $42,856 $5,238 $14,869 ($8,486)($1,874)$0 $71,775 $1,789,342 NW Fd Inst Svc $1,487,804 $42,913 $4,797 ($14,011)($9,530)($2,120)$0 $94,083 $1,603,935 NCIT AmCent Eq Inc B $1,440,049 $32,746 $3,609 $7,418 ($7,205)($1,571)$0 $74,544 $1,549,590 NW S P 500 Indx Inst Svc $1,333,929 $41,002 $1,927 ($13,985)($6,664)($1,422)$0 $105,334 $1,460,121 AmFds Gr Fd Am A $1,330,032 $27,606 $210 $1,595 ($6,936)($1,177)$0 $88,681 $1,440,012 NCIT ClrBrdg LgCap Val B $1,062,476 $111,960 $3,178 $9,755 ($93,880)($1,041)$0 $58,337 $1,150,785 NW Loomis Cor Bd Inst SVC $924,270 $18,809 ($1,155)$76,370 ($11,931)($1,159)$0 $18,211 $1,023,415 AmFds New Wld R4 $919,866 $25,352 $2,583 $3,710 ($6,203)($1,279)$0 $59,830 $1,003,858 NCIT MFS MdCap Val B $812,293 $116,829 $2,565 ($2,254)($113,425)($511)$0 $33,543 $849,039 BNYMel S P 500 Indx $777,103 $55,775 ($570)($35,362)($48,438)($12)$0 $61,040 $809,536 NeuBer Genesis Tr $776,560 $114,384 $2,605 ($9,634)($108,300)($372)$0 $9,677 $784,920 Inc Am Rtrmt 5 FL MAS $742,771 $13,346 $811 $16,179 ($31,453)($1,155)$0 $24,881 $765,380 Fixed Assets 2UZa $702,660 $12,621 ($2,447)$44,154 ($10,874)($988)$0 $3,593 $748,720 LrdAbt Hi Yld R5 $674,556 $53,140 ($700)$20,660 ($51,091)($625)$0 $17,085 $713,025 NCIT WF Disc B $630,120 $14,231 $2,165 ($17,519)($2,165)($505)$0 $25,996 $652,324 NW Glbl SustnblEq Inst Svc $600,179 $72,067 $2,364 $0 ($72,651)($14)$0 $42,940 $644,885 NW BD INDX A $592,141 $6,851 ($1,800)$5,562 ($7,392)($625)$0 $9,918 $604,654 CohenStrs RealEst Sec A $501,334 $15,335 $1,626 $23,927 ($2,435)($676)$0 $7,462 $546,574 NW LgCap Gr $495,363 $3,546 $348 $2,823 ($11,947)$0 $0 $49,540 $539,673 NCIT AmCent SmCap Inc B $356,048 $9,201 $1,241 ($1,190)($9,026)($383)$0 $9,261 $365,152 NW SMCAP INDX A $267,639 $4,525 $528 ($1,116)($21)($15)$0 $32,685 $304,224 Parnassus Cor Eq Inv $252,558 $4,289 $358 $0 $0 ($14)$0 $6,138 $263,328 NCIT Indx 2045 B $178,232 $9,804 $0 $0 $0 ($0)$0 $11,360 $199,396 NW MDCAP MKT INDX A $186,029 $2,086 $186 ($183)($923)($5)$0 $9,717 $196,907 NCIT Indx Rtrmt B $169,569 $11,387 $898 $0 $0 $0 $0 $6,610 $188,464 NCIT Indx 2030 B $158,859 $7,583 $0 $0 $0 $0 $0 $7,510 $173,952 AmFds Inc Fd Am A $158,466 $4,837 $313 $1,198 $0 ($12)$0 $5,849 $170,650 MngFrMe Mod Aggr Svc $149,558 $1,700 $309 $0 $0 ($50)$0 $8,127 $159,644 MngFrMe Aggr Svc $146,802 $837 $393 $0 $0 $0 $0 $9,193 $157,225 PIMCO Forgn BdUS Dlr Hdg A $109,469 $2,438 ($667)$5,825 ($577)($141)$0 $724 $117,069 NW GQG US Qulty Eq A $111,058 $1,992 ($2,304)$0 ($5,000)($8)$0 ($1,489)$104,248 Total $35,005,186 $2,117,605 $50,995 $13,288 ($2,000,050)($22,603)$0 $1,577,305 $36,741,727 Fund Activity Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 350 Fund Name Beginning Balance Contributions Loan Activity Exchanges Distributions Fees Adjustments Gain/Loss Ending Balance NCIT Indx 2065 B $79,772 $15,648 $0 $0 $0 $0 $0 $5,975 $101,395 MngFrMe Mod Svc $86,171 $4,583 $341 $0 ($681)$0 $0 $3,963 $94,377 NW Mny Mkt Prm $75,366 $446 $0 $1,996 $0 $0 $0 $618 $78,426 NCIT Indx 2055 B $57,812 $6,708 $0 $0 $0 $0 $0 $4,161 $68,681 NCIT Indx 2060 B $59,182 $9,443 $0 ($6,686)$0 $0 $0 $4,314 $66,253 NCIT Indx 2035 B $64,421 $6,056 $66 ($8,553)$0 $0 $0 $3,349 $65,338 NW NVIT Mult Mgr Sm Co I $60,902 $236 $34 $0 ($3,000)($1)$0 $4,534 $62,705 NCIT Indx 2040 B $56,783 $7,346 ($6,041)$0 ($391)($50)$0 $3,195 $60,842 MngFrMe Cnsrv Svc $47,342 $455 $0 $0 $0 $0 $0 $1,163 $48,960 NCIT Indx 2050 B $31,782 $5,072 $0 $0 $0 $0 $0 $2,309 $39,164 NW Amundi Strat Inc A $26,839 $389 $10 $564 ($198)($41)$0 $731 $28,294 Total $646,372 $56,382 ($5,591)($12,680)($4,270)($92)$0 $34,313 $714,434 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Fund Activity Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 351 Product Name Prior Period $Current Period $Change $Prior Period #Current Period #Change # Income America $742,771 $765,380 $22,609 37 37 0 Inc Am Rtrmt 5 FL MAS $742,771 $765,380 $22,609 37 37 0 Total $742,771 $765,380 $22,609 37 37 0 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Protected Retirement Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 352 Prior Period Current Period Status Balance Count Balance Count Active $952,132 90 $922,769 86 General Purpose Loan $899,107 84 $856,768 79 Primary Residence Loan $53,025 6 $66,001 7 Default $281,696 27 $285,839 29 General Purpose Loan $281,696 27 $285,839 29 Total $1,233,827 117 $1,208,609 115 Closed Loans 6 Loan Payments $140,592 New Loans 4 Loan Disbursements ($95,000) Active Loans 86 Active Loan Balance $922,769 Active Loan Balance and Count by Age $2,406 $166,663 $419,754 $298,129 $65,179 $2,302 $153,548 $344,201 $361,847 $60,870 1 24 35 23 7 1 21 32 24 8 Prior Period Balance Current Period Balance Prior Period Count Current Period Count 29 & Under 30-39 40-49 50-59 60 & Over$0 $200,000 $400,000 Current Avg Loan Balance$10,730 Prior Period 9 Change -3 Prior Period $137,964 Change $2,627 Prior Period 11 Change -7 Prior Period ($156,832) Change $61,832 Prior Period 90 Change -4 Prior Period $952,132 Change ($29,362) NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Loans Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B 353 My Income & Retirement Planner 80 Onboarded # 17% Onboarded % 68% Average Chance of Success 80% Goal Chance of Success *Benchmarking data is representative of all plans that are administrated on a proprietary platform. Online Enrollment 15 Transactions 83% Of Enrollments 59% Benchmark* Online Distributions 14 Transactions 74% Adoption 67% Benchmark* Email on File 521 Have Email 91% Of Accounts 81% Benchmark* Participant Online Account 480 Accounts 84% Adoption 65% Benchmark* Beneficiaries On File 431 Accounts 76% Of Account 62% Benchmark* eDelivery 449 Accounts 79% Adoption 60% Benchmark* Participant eDelivery Enabled Income America Enabled Indexed Principal Protection (IPP)Not Enabled Lifetime Income Builder (LIB)Not Enabled Loans Enabled My Income & Retirement Planner (MIRP)Enabled My Investment Planner (MIP)Enabled Online Beneficiary Updating Enabled Online Contribution Change Enabled Online Distribution Requests Enabled Online Enrollment Enabled Online Investment Election Change Enabled Participant Auto Asset Rebalance Enabled Participant Auto Contribution Increase Not Enabled Participant Auto Enrollment Not Enabled ProAccount Enabled Self Directed Brokerage Accounts (SDBA)Not Enabled Plan *Plan Enablement data is as of 11/12/2025 NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B *Historical My Income & Retirement Planner data not available before Q3-2025. Enablement & Engagement *Historical Participant Online Account data not available before Q3-2025. 354 NRM-21797AO.8 (09/24) TRENDING DATA Plan Performance Report BOYNTON BEACH FL 355 Par ticipant Counts 07/01/2024 - 09/30/2024 10/01/2024 - 12/31/2024 01/01/2025 - 03/31/2025 04/01/2025 - 06/30/2025 07/01/2025 - 09/30/2025 531 533 551 553 568 337 63% 380 67% 335 63% 367 66%361 66% Participants With a Balance Participants Contributing Par ticipants Contributing Participants contributing had a change of 3% from the initial period. Par ticipants Participants with a balance had a change of 7% since initial period. Plan Balance $60K $62K $64K $66K 07/01/2024 - 09/30/2024 10/01/2024 - 12/31/2024 01/01/2025 - 03/31/2025 04/01/2025 - 06/30/2025 07/01/2025 - 09/30/2025 $34M $33M $33M $36M $38M $63.1K $66.1K $59.6K $62.4K $64.6K Total Balance Average Participant Balance Assets Par ticipant Balance Average participant balance had a change of 5% since initial period. Plan Balance Total plan assets had a change of 12% from initial period. NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 TRENDING DATA BOYNTON BEACH FL 457B Assets & Participants 356 Exter nal Rollover s 1 2 07/01/2024 - 09/30/2024 10/01/2024 - 12/31/2024 01/01/2025 - 03/31/2025 04/01/2025 - 06/30/2025 07/01/2025 - 09/30/2025 $0.00M $0.17M $0.17M $0.08M $0.25M222 Amount Accounts Par ticipant Distributions Top 10 Distribution Types Amount Count Termination $837,805 30 Unforeseeable Emergency $181,289 12 RMD $156,262 31 Death $83,533 7 Retirement $22,500 2 RMD Supplemental $18,117 1 In-Service - Rollover Sources $11,000 1 Total $1,310,505 8220 30 40 07/01/2024 - 09/30/2024 10/01/2024 - 12/31/2024 01/01/2025 - 03/31/2025 04/01/2025 - 06/30/2025 07/01/2025 - 09/30/2025 $0.09M $0.38M $0.36M $0.26M $0.22M 18 21 20 23 Amount Accounts NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Distributions TRENDING DATA BOYNTON BEACH FL 457B 357 New Loans 15 15 New Loans Initial Period Amount General Purpose Loan 5,158,364 Primary Residence Loan 242,741 Total 5,401,105 3 1 4 New Loans Current Period Amount General Purpose Loan 5,539,838 Primary Residence Loan 277,741 Total 5,817,579 Type General purpose loans made up 96% of loans this period compared to 97% in the initial period. Total There were 4 new loans this period compared to 15 new loans during the initial period. All Loans 07/01/2024 - 09/30/2024 10/01/2024 - 12/31/2024 01/01/2025 - 03/31/2025 04/01/2025 - 06/30/2025 07/01/2025 - 09/30/2025 85 89 89 90 86 28 29 29 30 32 Loan Count Active Default 07/01/2024 - 09/30/2024 10/01/2024 - 12/31/2024 01/01/2025 - 03/31/2025 04/01/2025 - 06/30/2025 07/01/2025 - 09/30/2025 $1.0M $1.0M $0.9M $1.0M $0.9M $0.3M $0.3M $0.3M $0.3M $0.3M Loan Balance Active Default Default The average default loan balance is $8,932 this period compared to $9,831 in the initial period. Active The average active loan balance is $10,730 this period compared to $11,282 in the initial period. NRM-21797AO.8 (09/24)This data is a snapshot as of 9/30/2025 Loans TRENDING DATA BOYNTON BEACH FL 457B 358 NRM-21797AO.8 (09/24) GLOSSARY Plan Performance Report 359 Term Description Asset Balance Assets held in participant accounts, excluding Self-Directed Brokerage Account (SDBA) assets and outstanding loans. Average Participant Balance The average account value among participants whose balance is greater than $0. Includes Self-Directed Brokerage Account (SDBA) assets but excludes outstanding loans. Contributions Assets deposited into the plan during the reporting period. Default Loan When required repayments are missed by quarter-end, the loan enters default at the next quarter-end. The unpaid principal and accrued interest are tax-reported for the calendar year in which the default occurs. Distributions Assets withdrawn from the plan during the reporting period. Loan Disbursements Total amount of loan disbursements issued during the reporting period. This figure is not included in the overall Distributions total. Loan Payments Total amount of loan repayments made during the reporting period. This figure is not included in the overall Contributions total. Median Participant Balance The median account value among participants whose balance is greater than $0. Includes Self-Directed Brokerage Account (SDBA) assets but excludes outstanding loans. New Enrollments Number of new participant accounts added to the plan during the reporting period. Participants Contributing Number of participants who contributed to the plan at any point during the reporting period. Participants With A Balance Number of participants with a balance greater than $0 at the end of the reporting period. Rollovers In Assets transferred into the plan from external retirement accounts. Rollovers Out Assets transferred out of the plan to external retirement accounts. SDBA Balance Assets held in Self-Directed Brokerage Accounts (SDBA), which allow participants to invest beyond the core retirement offerings while remaining within the plan and retaining tax advantages. Transfers In Assets transferred into the plan from a side-by-side provider. Transfers Out Assets transferred out of the plan to a side-by-side provider. NRM-21797AO.8 (09/24) Q2-2025 vs. Q3-2025 BOYNTON BEACH FL 457B Glossary of Terms 360 361 362 363 364 365 366 367 Page 1 of 11 Dear Plan Participant, This document includes important information to help you understand your retirement plan. Inside you'll find: • General information about the operation of the Plan • Information about administrative charges and expenses • Information about individual expenses you may be charged as a participant or beneficiary • A Comparative Chart of Plan Investment Options You should review these materials carefully. Although no action is required, this information is valuable when monitoring your plan account. To access your account information, make any changes to your account or view Participant Fee Disclosure including the Glossary of Investment Terms, visit www.nrsforu.com. Sincerely, SAMPLE 457B DEFERRED COMP PLAN PARTICIPANT FEE DISCLOSURE 10/31/2024 SAMPLE 457B DEFERRED COMP PLAN Plan Number: 00XXXXXX 368 PARTICIPANT FEE DISCLOSURE Page 2 of 11 This document includes important information about the expenses you pay for participating in your company's retirement plan. It's important to review this information annually. It is divided into three sections: • Part I provides general information about the operation of the Plan • Part II provides information about the charges for administrative expenses the Plan may be charged • Part III provides information about individual expenses you may be charged as a Plan Participant or Beneficiary Later in this document, you'll find what's referred to as the "Comparative Chart of Plan Investment Options" ("Comparative Chart"), which will give you information about the Plan's investment options. You can get both of these documents, plus a glossary of investment terms, on Nationwide's website: • If you are currently participating in the Plan and have an account balance, you should log in at www.nrsforu.com PART I - GENERAL PLAN INFORMATION Designated investment options - The Plan provides designated investment options into which you can direct the investment of your plan funds. The Comparative Chart lists the designated investment options and provides information regarding the options. Giving investment instructions - After you are enrolled in the Plan, in order to manage your plan investments, you can call the Nationwide participant call center at or make your election online at www.nrsforu.com. You may direct your investments according to the provisions of your plan. For more information, please see your Plan Document. Limitations on instructions - You may give investment instructions on any day the New York Stock Exchange is open for business. Designated participant investment manager - The Plan allows you to have your account managed on a discretionary basis by a professional investment manager. NATIONWIDE INVESTMENT ADVISORS, LLC (1-888-540-2896) is the Plan's provider of managed account services. Nationwide ProAccount is a discretionary managed account service offered by NIA for retirement plan participants who desire professional guidance in managing their self-directed retirement plan account. Self-Directed Brokerage Account - In addition to the designated investment alternative options listed on the Comparative Chart, the Plan offers you the option of making your own investments through a brokerage account option established with Schwab. Investment options available through the brokerage account are not monitored by the plan's fiduciaries and any investment decision that you make through the brokerage account is at your own risk. To set up a self-directed brokerage account, you'll first need to complete a Schwab Personal Choice Retirement Account application. You can find a link to the Schwab Personal Choice Retirement Account application on your online retirement plan account at www.nrsforu.com website or by calling Schwab at 1-888-393-7272. Once your self-directed brokerage account is set up, Schwab will provide you with specific instructions on how to provide investment instructions with respect to the account and details on restrictions or limitations that may apply to specific investment options or certain categories of investment options available through the self-directed brokerage account. If this option is selected, there will be a Self-Directed Option (SDO) Initial Fee of $50 and/or Self-Directed Option (SDO) Annual Fee of $50 assessed. Other fees which may be assessed by Schwab for account maintenance and trading are described in the material provided by Schwab. For general questions or questions about any fees associated with the purchase or sale of a particular security through the Schwab Personal Choice Retirement Account, you may contact Schwab at 1-888-393-7272. PART II - ADMINISTRATIVE EXPENSES The Plan pays outside service providers for plan administrative services, such as legal, accounting and recordkeeping services, unless the Plan Sponsor elects, at its own discretion, to pay some or all of the 369 PARTICIPANT FEE DISCLOSURE Page 3 of 11 PART II - ADMINISTRATIVE EXPENSES (continued) plan administrative expenses. The cost for these services fluctuates each year based on a variety of factors. To the extent these expenses are not charged against forfeitures or paid by the employer, or reimbursed by a third party, the Plan charges these expenses pro rata (i.e., based on the relative size of each account), at a flat rate per participant, or based on asset size against participants’ accounts. Some of your plan's operating expenses are paid from the total annual operating expenses of one or more of the designated investment alternatives. For more information, please see the Comparative Chart of Investment Options. Please note that administrative service fees are subject to change. Fees that may be charged by Nationwide, your retirement plan provider Explicit Asset Fee(s) - taken from participant account balance §Explicit Asset Fee 0.38%per year § Some or all of this fee may be used by the plan sponsor to pay plan expenses PART III - INDIVIDUAL EXPENSES The Plan imposes certain charges against individual participants' accounts, rather than against the Plan as a whole, when individual participants incur the charges. These charges may arise based on your use of a feature available under the Plan (e.g., participant distributions), or based on the application of applicable law (e.g., processing a domestic relations order in case of a divorce). In addition, buying or selling some investments may result in charges to your individual account, such as redemption fees. The Comparative Chart provides information about the expenses. The Plan charges the following: Fees that may be charged by Nationwide, your retirement plan provider Loan Fee(s) +ACH Loan Insufficient Funds Fee (General Purpose) $25.00 per transaction 06/29/2019 +Annual Loan Default Fee (General Purpose) $50.00 per year 06/29/2019 +Annual Loan Fee (General Purpose)$50.00 per year 06/29/2019 +Loan Default Fee (General Purpose) $50.00 per transaction 06/29/2019 +Loan Initiation Fee (General Purpose) $50.00 per transaction 06/29/2019 Service Fee(s) Managed Account Service Fee 0.65%per year $0.01 - $99,999.99 0.6%per year $100,000.00 - $249,999.99 0.55%per year $250,000.00 - $399,999.99 0.5%per year $400,000.00 - $499,999.99 0.45%per year $500,000.00 and above SDO Annual Fee $50.00 per transaction SDO Initial Fee $50.00 per transaction Withdrawal Fee(s) Overnight Fee $25.00 per transaction 370 PARTICIPANT FEE DISCLOSURE Page 4 of 11 PART III - INDIVIDUAL EXPENSES (continued) + The date shown is the effective date of the fee amount. Please refer to your loan initiation date to determine which fees are applicable to your specific loan. 371 PARTICIPANT FEE DISCLOSURE Page 5 of 11 PARTICIPANT DISCLOSURE COMPARATIVE CHART The Comparative Chart is divided into two sections: • PART I consists of performance information for plan investment options • PART II details the fees and expenses you'll pay for investing in a particular option PART I - PERFORMANCE INFORMATION VARIABLE RETURN INVESTMENT PERFORMANCE AS OF: 10/31/2024 The table shows how these options have performed over time and allows you to compare them with an appropriate benchmark for the same time periods. A benchmark is an unmanaged group of securities whose performance is used as a standard to measure investment performance. Some well- known benchmarks are the Dow Jones Industrial Average and the S&P 500 Index. The results shown represent past performance and do not represent expected future performance or experience. Past performance does not guarantee future results. Investment return and principal value of an investment will fluctuate so that an investor’s shares, when redeemed, may be worth more or less than their original cost. Current performance may be lower or higher than the data quoted. To obtain performance data for the most recent month-end, please call 1-877-677-3678 or visit www.nrsforu.com. Average Annual Return (%) Fund Name/ Collective Investment Fund Name YTD 1 YR 3 YR 5 YR 10 YR Since Inception Inception Date Asset Allocation American Funds 2055 Target Date Retirement Fund - Class R6 14.46%31.21%4.03%10.77%9.49%10.61%02/01/2010 American Funds 2010 Target Date Retirement Fund - Class R6 8.38%18.22%2.87%5.62%5.29%5.17%02/01/2007 American Funds 2015 Target Date Retirement Fund - Class R6 8.64%19.04%2.82%5.96%5.61%5.47%02/01/2007 American Funds 2020 Target Date Retirement Fund - Class R6 9.13%20.26%2.95%6.36%6.05%5.77%02/01/2007 American Funds 2025 Target Date Retirement Fund - Class R6 9.35%20.98%2.70%7.09%6.71%6.40%02/01/2007 American Funds 2030 Target Date Retirement Fund - Class R6 10.48%23.47%3.10%8.11%7.63%7.08%02/01/2007 American Funds 2035 Target Date Retirement Fund - Class R6 12.12%26.44%3.57%9.56%8.69%7.67%02/01/2007 American Funds 2040 Target Date Retirement Fund - Class R6 13.83%29.52%4.22%10.55%9.29%8.04%02/01/2007 American Funds 2045 Target Date Retirement Fund - Class R6 14.21%30.43%4.28%10.77%9.47%8.14%02/01/2007 American Funds 2050 Target Date Retirement Fund - Class R6 14.35%30.86%4.13%10.82%9.52%8.17%02/01/2007 372 PARTICIPANT FEE DISCLOSURE Page 6 of 11 VARIABLE RETURN INVESTMENT PERFORMANCE (continued) Average Annual Return (%) Fund Name/ Collective Investment Fund Name YTD 1 YR 3 YR 5 YR 10 YR Since Inception Inception Date American Funds 2060 Target Date Retirement Fund - Class R6 14.42%31.26%3.99%10.74%N/A 9.60%03/27/2015 INDEX: Balanced Benchmark 12.70%12.70%1.59%6.89%5.49%N/A N/A Specialty Cohen & Steers Real Estate Securities Fund, Inc. - Class Z 14.29%37.58%1.00%5.83%8.31%9.32%09/30/2014 INDEX: S&P United States REIT TR USD 15.69%34.24%5.04%5.49%7.66%N/A N/A Mid Cap Value Fund Fee Class I1 9.66%23.89%6.18%N/A N/A 12.23%10/15/2020 INDEX: N/A N/A N/A N/A N/A N/A N/A N/A International Fidelity International Index Fund 6.96%22.41%2.81%6.43%5.35%5.18%11/05/1997 MFS International Diversification Fund - Class R6 9.77%23.30%1.39%6.52%6.58%7.40%09/29/2004 INDEX: EAFE 18.24%18.24%4.02%8.16%4.28%N/A N/A Small Cap Fidelity Small Cap Index Fund 9.65%34.19%0.09%8.60%8.08%10.79%09/08/2011 Small Cap Growth Fund Fee Class I1 27.14%53.97%-4.35%4.75%N/A 2.61%07/22/2019 Small Cap Value Fund III - I1 17.19%37.29%N/A N/A N/A 23.63%01/03/2023 INDEX: Russell 2000 16.93%16.93%2.22%9.97%7.16%N/A N/A Mid Cap Fidelity Mid Cap Index Fund 14.03%35.43%3.57%10.95%9.80%12.36%09/08/2011 JPMorgan Mid Cap Growth Fund - Class R6 10.26%31.27%-1.21%12.10%11.50%12.11%03/02/1989 INDEX: S&P 400 16.44%16.44%8.09%12.62%9.27%N/A N/A Large Cap Fidelity 500 Index Fund 20.96%37.99%9.07%15.26%12.99%10.99%02/17/1988 Large Cap Value Fund Fee Class I1 21.31%36.20%11.50%14.58%N/A 14.15%12/03/2018 Large Cap Growth Fund IV Fee Class I1 22.04%43.15%N/A N/A N/A 36.25%01/03/2023 INDEX: S&P 500 26.29%26.29%10.00%15.69%12.03%N/A N/A Bonds PIMCO Income Fund: Institutional Class 4.74%12.28%2.01%3.13%4.10%6.74%03/30/2007 Neuberger Berman Core Bond (GG) Trust Founders Class 2.16%11.07%N/A N/A N/A -2.09%12/31/2021 INDEX: Barclays US Agg Bond TR USD 5.53%5.53%-3.31%1.10%1.81%N/A N/A Short-Term Investments Vanguard Treasury Money Market Fund - Investor Shares 4.45%5.38%3.66%2.33%1.64%2.44%12/14/1992 INDEX: Citigroup 1-3 Govt/Corp 4.61%4.61%0.09%1.51%1.27%N/A N/A 373 PARTICIPANT FEE DISCLOSURE Page 7 of 11 FIXED RETURN INVESTMENTS The table below shows your investment options that have a fixed rate of return. It shows the rate of return of each option, the term or length of time that you will earn this rate of return and other information relevant to performance. Name Period Interest Rate (Interest Yield) Nationwide Fixed Fund 10/01/2024-12/31/2024 2.04% The interest earned in this contract can be changed quarterly as calculated by Nationwide and credited to the Guaranteed Fund. The annualized effective interest rate does not include recapture of acquisition expenses, or any plan or participant fees. Such fees and charges, if applicable and reflected, would lower the performance. Your contract may contain exchange and/or transfer restrictions. These restrictions may include a 90 day equity wash to competing funds. NWIndexPrincPrt-InterestActT5E 10/01/2024-12/31/2024 1.50% NWIndexedPrincProt Apr-Mar T5E 04/01/2023-03/31/2024 8.26% NWIndexedPrincProt Jan-Dec T5E 01/01/2023-12/31/2023 5.71% NWIndexedPrincProt Jul-Jun T5E 07/01/2023-06/30/2024 6.60% NWIndexedPrincProt Oct-Sep T5E 10/01/2023-09/30/2024 9.61% Fund performance is updated daily. The performance may display "N/A" during our system update, but will show the performance later in the day. Performance figures represent the total change in net assets with capital gains and income dividends reinvested, and reflect the deduction of the asset fee, if applicable. Returns are based on the current charges being applied to all historical time periods and do not include any other fees or expenses. Such fees and charges, if applicable, would have lowered the investment's performance. No recommendation regarding these funds is intended. Though gathered from reliable sources, data accuracy and completeness cannot be guaranteed. Unusually high performance may be the result of current favorable market conditions and this performance may not be replicated in the future. CURRENT PERFORMANCE MAY BE LOWER OR HIGHER THAN THE PAST PERFORMANCE SHOWN, WHICH DOES NOT GUARANTEE FUTURE RESULTS. Share price, principal value, and return will vary, and you may have a gain or a loss when you sell your shares. Call 1-877-677-3678 to request a summary prospectus and/or a prospectus, or download prospectuses at www.nrsforu.com. These prospectuses outline investment objectives, risks, fees, charges and expenses, and other information that you should read and consider carefully before investing. UNDERSTANDING RISKS Stock markets are volatile and can decline in response to adverse developments. Particular funds can react differently to these developments. Here is a list of some but not all of the risks associated with the funds. For specific risks related to each fund, see the fund's prospectus. 1. MONEY MARKET FUNDS: These funds are not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although they seek to preserve the value of your investment at $1.00 per share, it's possible to lose money by investing in money market funds. The fund may impose a fee upon sale of shares or temporarily suspend the ability to sell shares if the fund's liquidity falls below required minimums because of market conditions or other factors. 374 PARTICIPANT FEE DISCLOSURE Page 8 of 11 UNDERSTANDING RISKS (continued) 2. INTERNATIONAL/EMERGING MARKETS FUNDS: Funds that invest internationally involve risks not associated with investing solely in the United States, such as currency fluctuation, political risk, differences in accounting and the limited availability of information. 3. SMALL-/MID-CAP FUNDS: Funds investing in stocks of small-cap, mid-cap or emerging companies may have less liquidity than those investing in larger, established companies and may be subject to greater price volatility and risk than the overall stock market. 4. LARGE CAP FUNDS: Funds that invest in stocks of large-cap companies (those with a market capitalization value of more than $10 billion) and represent the majority of the U.S. equity market. They are often looked to as core portfolio investments. Characteristics often associated with large cap stocks include transparency and stability. 5. HIGH-YIELD FUNDS: Funds that invest in high-yield securities are subject to greater credit risk and price fluctuations than funds that invest in higher-quality securities. 6. NONDIVERSIFIED FUNDS: Funds that invest in a concentrated sector or focus on a relatively small number of securities may be subject to greater volatility than a more diversified investment. 7. SPECIALTY FUNDS: Funds that invests predominantly or exclusively in a single industry, sector, or region of the world. Specialty funds perform well when their industries perform well, but they are risky because there is no attempt at diversification. 8. GOVERNMENT FUNDS: While the funds invest primarily in the securities of the U.S. government and its agencies, the values are not guaranteed by these entities. 9. REAL ESTATE FUNDS: Funds that focus on real estate investing are sensitive to economic and business cycles, changing demographic patterns and government actions. 10. FUND-OF-FUNDS: Designed to provide diversification and asset allocation across several types of investments and asset classes, primarily by investing in underlying funds. Therefore, in addition to the expenses of the portfolio, you are indirectly paying a proportionate share of the applicable fees and expenses of the underlying funds. 11. BOND FUNDS: These funds have the same interest rate, inflation and credit risks associated with the underlying bonds owned by the fund. Interest rate risk is the possibility of a change in the value of a bond due to changing interest rates. Inflation risk arises from the decline in value of cash flows due to loss of purchasing power. Credit risk is the potential loss on an investment based on the bond issuer's failure to repay on the amount borrowed. 12. TARGET DATE/MATURITY FUNDS: For products that do include Target Date/Maturity funds please keep in mind that like other funds, target date funds are subject to market risk and loss. Loss of principal can occur at any time, including before, at or after the target date. There is no guarantee that target date funds will provide enough income for retirement. 13. MANAGED VOLATILITY FUNDS: Funds that are designed to offer traditional long-term investments blended with a strategy that seeks to mitigate risk and manage portfolio volatility. These funds may not be successful in reducing volatility, and it is possible that the funds' volatility management strategies could result in losses greater than if the funds did not use such strategies. 14. ASSET ALLOCATION FUNDS: Designed to provide diversification and asset allocation across several types of investments and asset classes, primarily by investing in underlying funds. The use of asset allocation as a part of an overall investment strategy does not assure a profit or protect against loss in declining market. 15. COMMODITIES/NATURAL RESOURCES: Specific uncertainties associated with commodities and natural resources investing include changes in supply-and-demand relationships due to environmental, economic and political factors, which may cause increased volatility and decreased liquidity. 375 PARTICIPANT FEE DISCLOSURE Page 9 of 11 PART II - FEE AND EXPENSE INFORMATION VARIABLE OPTIONS FEES AND EXPENSES This table shows fee and expense information for the investment options, including the Total Annual Operating Expense, which reduces the rate of return of the investment option. It also shows Shareholder-type Fees and Fund Restrictions, if applicable. These fees are in addition to Total Annual Operating Expenses. Fund Name/ Collective Investment Fund Name Gross Expense Ratio Net Expense Ratio Explicit Asset Fee Total Annual Operating Expenses Cost Per $1,000 Asset Allocation American Funds 2010 Target Date Retirement Fund - Class R6 0.29%0.29%0.38%0.67%$6.70 American Funds 2015 Target Date Retirement Fund - Class R6 0.30%0.30%0.38%0.68%$6.80 American Funds 2020 Target Date Retirement Fund - Class R6 0.31%0.31%0.38%0.69%$6.90 American Funds 2025 Target Date Retirement Fund - Class R6 0.32%0.32%0.38%0.70%$7.00 American Funds 2030 Target Date Retirement Fund - Class R6 0.33%0.33%0.38%0.71%$7.10 American Funds 2035 Target Date Retirement Fund - Class R6 0.35%0.35%0.38%0.73%$7.30 American Funds 2040 Target Date Retirement Fund - Class R6 0.37%0.37%0.38%0.75%$7.50 American Funds 2045 Target Date Retirement Fund - Class R6 0.37%0.37%0.38%0.75%$7.50 American Funds 2050 Target Date Retirement Fund - Class R6 0.38%0.38%0.38%0.76%$7.60 American Funds 2055 Target Date Retirement Fund - Class R6 0.38%0.38%0.38%0.76%$7.60 American Funds 2060 Target Date Retirement Fund - Class R6 0.39%0.39%0.38%0.77%$7.70 Specialty Cohen & Steers Real Estate Securities Fund, Inc. - Class Z 0.75%0.75%0.38%1.13%$11.30 Mid Cap Value Fund Fee Class I1 0.47%0.46%0.38%0.85%$8.45 International Fidelity International Index Fund 0.04%0.03%0.38%0.42%$4.15 MFS International Diversification Fund - Class R6 0.74%0.73%0.38%1.12%$11.20 Small Cap Fidelity Small Cap Index Fund 0.03%0.02%0.38%0.41%$4.05 Small Cap Growth Fund Fee Class I1 0.53%0.53%0.38%0.91%$9.10 Small Cap Value Fund III - I1 0.36%0.36%0.38%0.74%$7.40 Mid Cap 376 PARTICIPANT FEE DISCLOSURE Page 10 of 11 VARIABLE OPTIONS FEES AND EXPENSES (continued) Fund Name/ Collective Investment Fund Name Gross Expense Ratio Net Expense Ratio Explicit Asset Fee Total Annual Operating Expenses Cost Per $1,000 Fidelity Mid Cap Index Fund 0.03%0.02%0.38%0.41%$4.05 JPMorgan Mid Cap Growth Fund - Class R6 0.75%0.70%0.38%1.13%$11.30 Large Cap Fidelity 500 Index Fund 0.02%0.01%0.38%0.40%$3.95 Large Cap Growth Fund IV Fee Class I1 0.34%0.34%0.38%0.72%$7.20 Large Cap Value Fund Fee Class I1 0.29%0.29%0.38%0.67%$6.70 Bonds Neuberger Berman Core Bond (GG) Trust Founders Class 0.15%0.15%0.38%0.53%$5.30 PIMCO Income Fund: Institutional Class 0.83%0.83%0.38%1.21%$12.10 FIXED OPTION FEES AND EXPENSES The table below shows your investment options that have a fixed rate of return. It also includes any trade restrictions on the fixed investment options, if applicable. Name Gross Expense Ratio Net Expense Ratio Explicit Asset Fee Total Annual Operating Expenses Cost Per $1,000 Fixed Assets/Cash Nationwide Fixed Fund N/A N/A 0.38%0.38%$3.80 Fixed Indexed Annuity FIA Indexed Account N/A N/A 0.38%0.38%$3.80 This fund is no longer open to new participants - if you make any investment allocation change to this fund you will not be able to continue contributing. FIA Indexed Account N/A N/A 0.38%0.38%$3.80 This fund is no longer open to new participants - if you make any investment allocation change to this fund you will not be able to continue contributing. FIA Indexed Account N/A N/A 0.38%0.38%$3.80 This fund is no longer open to new participants - if you make any investment allocation change to this fund you will not be able to continue contributing. FIA Indexed Account N/A N/A 0.38%0.38%$3.80 This fund is no longer open to new participants - if you make any investment allocation change to this fund you will not be able to continue contributing. FIA Interest Account N/A N/A 0.38%0.38%$3.80 The cumulative effect of fees and expenses can substantially reduce the growth of your retirement savings. Visit the Department of Labor's Web site for an example showing the long-term effect of fees and expenses at http://www.dol.gov/ebsa/publications/401k_employee.html. Fees and expenses are just two of many factors to consider when you decide to put money in an investment option. You may also want to think about whether investing in a particular option, along with your other investments, will help you achieve your financial goals. 377 PARTICIPANT FEE DISCLOSURE Nationwide Retirement Solutions, Inc. and its affiliates (Nationwide) offer a variety of investment options to public sector retirement plans through variable annuity contracts, trust or custodial accounts. Nationwide may receive payments from mutual funds or their affiliates in connection with those investment options. Additionally, Nationwide may enter into arrangements to allocate all or a portion of these payments to plan sponsors for plan expenses. For more detail about the payments Nationwide receives, please visit www.nrsforu.com. Certain underlying investment options are not publicly traded mutual funds and are not available directly for purchase by the general public. They are only available through variable annuity/variable life insurance policies issued by life insurance companies or in some cases, through participation in certain qualified pension or retirement plans. Nationwide, the Nationwide N and Eagle and Nationwide is on your side are service marks of Nationwide Mutual Insurance Company. © 2024 Nationwide NRM-13483AO.4 Page 11 of 11 GROSS EXPENSE RATIO: The percentage of fund assets paid for operating expenses and management fees, including 12-b-1 fees, administrative fees, and all other asset-based costs incurred by the fund, except brokerage costs. Fund expenses are reflected in the fund's net asset value (NAV). Additional information can be found in the applicable fund prospectus. NET EXPENSE RATIO: The net prospectus expense shown is after fund management expense waivers or reimbursements. For more information about management expense waivers or reimbursements, please see the fund profile. EXPLICIT ASSET FEE: This fee pays for services provided by Nationwide including access to a wide array of investment options, recordkeeping platform, customer service, etc. The Annual Operating Expenses section is inclusive of the Explicit Asset Fee. Additional details regarding this fee can be found in the Administrative Fee section of Participant Fee Disclosure. The Explicit Asset Fee is assessed monthly from plan assets and payments are made to Nationwide Trust Company. TOTAL ANNUAL OPERATING EXPENSES: This is the sum of the Gross Expense Ratio and the Explicit Asset Fee. 378 Page 1 of 7 Dear Plan Sponsor, Nationwide®, as your retirement plan provider, is committed to assisting you with your fiduciary responsibilities. This document includes important information regarding the investment options in your retirement plan, applicable recordkeeping fees and a fee explanation guide. PART I - Investment Information •Fund Expense Ratios •Mutual Fund Service Fee Payments •Fund Redemption Fees PART II - Recordkeeping Fees PART III - Fee Explanation Guide You should review these materials carefully. Although no action is required, this information is valuable when monitoring your plan. This information can also be accessed by logging on to your account at www.nrsforu.com and selecting the Fee Disclosure option. If you have any questions regarding the information below, or your Nationwide Retirement Plan, please contact us at 1-877-677-3678. Plan Sponsor Fee Disclosure 10/31/2024 SAMPLE 457B DEFERRED COMP PLAN 00XXXXXXX 379 PLAN SPONSOR FEE DISCLOSURE Page 2 of 7 PART I - INVESTMENT INFORMATION GROSS EXPENSE RATIO The percentage of fund assets paid for operating expenses and management fees Current Previous Fund Gross %¹Effective Date Gross %¹ PIMCO Income Fund: Institutional Class 0.83%10/08/2024 0.62% Vanguard Treasury Money Market Fund - Investor Shares 0.11%09/10/2024 0.09% JPMorgan Mid Cap Growth Fund - Class R6 0.75%02/16/2024 N/A Large Cap Growth Fund IV Fee Class I1 0.34%02/16/2024 N/A Large Cap Value Fund Fee Class I1 0.29%02/16/2024 N/A MFS International Diversification Fund - Class R6 0.74%02/16/2024 N/A Mid Cap Value Fund Fee Class I1 0.47%02/16/2024 N/A Neuberger Berman Core Bond (GG) Trust Founders Class 0.15%02/16/2024 N/A Small Cap Growth Fund Fee Class I1 0.53%02/16/2024 N/A Small Cap Value Fund III - I1 0.36%02/16/2024 N/A American Funds 2010 Target Date Retirement Fund - Class R6 0.29%02/07/2024 0.28% American Funds 2020 Target Date Retirement Fund - Class R6 0.31%02/07/2024 0.30% American Funds 2040 Target Date Retirement Fund - Class R6 0.37%02/07/2024 0.36% American Funds 2060 Target Date Retirement Fund - Class R6 0.39%02/07/2024 0.38% Fidelity 500 Index Fund 0.02%07/10/2023 0.02% American Funds 2015 Target Date Retirement Fund - Class R6 0.30%03/07/2023 0.29% American Funds 2025 Target Date Retirement Fund - Class R6 0.32%03/07/2023 0.31% American Funds 2050 Target Date Retirement Fund - Class R6 0.38%03/07/2023 0.37% Cohen & Steers Real Estate Securities Fund, Inc. - Class Z 0.75%06/07/2022 0.78% American Funds 2030 Target Date Retirement Fund - Class R6 0.33%03/07/2022 0.35% American Funds 2035 Target Date Retirement Fund - Class R6 0.35%03/07/2022 0.37% American Funds 2045 Target Date Retirement Fund - Class R6 0.37%03/07/2022 0.39% American Funds 2055 Target Date Retirement Fund - Class R6 0.38%03/07/2022 0.39% Fidelity International Index Fund 0.04%12/06/2019 0.05% Fidelity Mid Cap Index Fund 0.03%06/18/2019 N/A Fidelity Small Cap Index Fund 0.03%06/18/2019 N/A ¹ Gross % refers to the Gross Expense Ratio for the investment option as reported by the mutual fund company. ² % refers to the amount of Mutual Fund Service Fee Payments paid to Nationwide by the mutual fund company. This is a percentage of assets held in the fund. In some cases, this may reduce the amount of your plan's asset fee. ³ % refers to the amount of the redemption fee assessed against the transaction that triggered the redemption fee. ⁴ Assets held less than the number of days specified will trigger a redemption fee. 380 PLAN SPONSOR FEE DISCLOSURE Page 3 of 7 MUTUAL FUND SERVICE FEE PAYMENTS Payments received from investment fund houses for aggregating purchases and sells Current Previous Fund Gross %²Effective Date Gross %² Fidelity 500 Index Fund N/A 03/06/2024 0.05% Fidelity International Index Fund N/A 03/06/2024 0.05% Fidelity Mid Cap Index Fund N/A 03/06/2024 0.05% Fidelity Small Cap Index Fund N/A 03/06/2024 0.05% Fidelity 500 Index Fund N/A 02/23/2024 0.05% Fidelity International Index Fund N/A 02/23/2024 0.05% Fidelity Mid Cap Index Fund N/A 02/23/2024 0.05% Fidelity Small Cap Index Fund N/A 02/23/2024 0.05% ¹ Gross % refers to the Gross Expense Ratio for the investment option as reported by the mutual fund company. ² % refers to the amount of Mutual Fund Service Fee Payments paid to Nationwide by the mutual fund company. This is a percentage of assets held in the fund. In some cases, this may reduce the amount of your plan's asset fee. ³ % refers to the amount of the redemption fee assessed against the transaction that triggered the redemption fee. ⁴ Assets held less than the number of days specified will trigger a redemption fee. REDEMPTION FEES A fee charged by fund houses to a Participant who trades in and out of certain funds within a specified time period Current Previous Fund %³Duration⁴Effective Date %³Duration⁴ This section does not currently apply to your plan ¹ Gross % refers to the Gross Expense Ratio for the investment option as reported by the mutual fund company. ² % refers to the amount of Mutual Fund Service Fee Payments paid to Nationwide by the mutual fund company. This is a percentage of assets held in the fund. In some cases, this may reduce the amount of your plan's asset fee. ³ % refers to the amount of the redemption fee assessed against the transaction that triggered the redemption fee. ⁴ Assets held less than the number of days specified will trigger a redemption fee. 381 PLAN SPONSOR FEE DISCLOSURE Page 4 of 7 PART II - RECORDKEEPING FEES The following amounts are for recordkeeping fees that may be charged directly to the plan in accordance with the Fee Explanation Guide Current Previous Fees Amount Effective date Amount Explicit Asset Fee 0.3800%09/01/2021 0.3800% PART III - FEE EXPLANATION GUIDE The following information outlines various fees, expenses and compensation items that may be applicable to your Plan. This information provides the identification of the payor, payee and a description of the services provided for each payment and the method of each payment. The information also describes where additional information about each particular item may be found. Please note the footnotes for important information about classification of each item as Direct or Indirect Compensation. Except as indicated, Nationwide is not acting in a fiduciary capacity for the services described below. If changes occur to the items described below you will be notified of any such change by Nationwide. Such notification may be in the form of a communication directing you back to this website to review changes which will be clearly indicated. The notification may also be in the form of an amendment to your legal documents previously executed between the Plan and Nationwide. If the covered service provider is Nationwide Trust Company, a division of Nationwide Bank, and payments are made to Nationwide Life Insurance Company, Nationwide Life Insurance Company is an affiliate of Nationwide Trust Company, a division of Nationwide Bank. Please consult your contract(s) with Nationwide to determine the applicable covered service provider, and additional information about services and fees. Description of cost/compensation Description of services rendered and method of payment Amount and/or location of additional disclosure information Annual Loan Default Fee¹ A fee deducted from the Participant's account on the anniversary date of the original loan default until the loan is repaid in full or offset. Payments are made to Nationwide Trust Company, FSB. The fee is $50 per year. Annual Loan Fee¹An annual fee deducted from the Participant's account on the anniversary date of the original loan initiation, until the loan is repaid in full or the loan has defaulted. Payments are made to Nationwide Trust Company, FSB. The fee is $50 per year. Corrective Processing¹Nationwide may receive additional compensation or recognize losses due to various corrective processing. Such corrective processing may include but is not limited to mutual fund price corrections, rounding errors and transaction processing corrections on the part of the Participant, Sponsor, Authorized Representative, Mutual Fund providers or Nationwide. Nationwide's general policy is to make the corrections so that the resulting impact to the Plan would be as if the error had not occurred, which includes any gains/losses due to the Plan. However, if the corrections required are due to transaction processing errors by parties other than Nationwide, we may require such parties to pay for any losses caused by completing the corrective processing. After such corrective processing, there may be gains or losses that Nationwide Life Insurance Company or The gain or loss to the plan/participant accounts is based on the required corrections to the plan. 382 PLAN SPONSOR FEE DISCLOSURE Page 5 of 7 Description of cost/compensation Description of services rendered and method of payment Amount and/or location of additional disclosure information Nationwide Trust Company, FSB, as applicable, may recognize as Nationwide effectuates the correction in the market. Explicit Asset Fee⁵A fee charged to help cover daily administrative services by Nationwide such as: plan recordkeeping, on-site participant services, customer service, our telephone response services and online transactions. This fee is assessed monthly as a percentage of plan assets. Additional information may be found in your Administrative Agreement. Loan Default Fee¹A loan default fee may be deducted from the account of the participant who failed to make a required loan payment if a default occurs on a participant loan from the Plan. The fee will be assessed pro-rata against the account holder's current investment balances but only from the sources that allow loans. The fee may be assessed annually on the default anniversary. The fee is $50 per defaulted loan. Loan Initiation Fee¹A loan initiation fee is a fee that may be assessed at the time a participant loan is initiated, and only from the sources that allow loans pro-rata. The fee is $50 per loan initiated. Loans Insufficient Funds Fee¹ A fee charged when a participant's bank account does not have sufficient funds to cover an Automated Clearing House (ACH) loan repayment or a personal check for a loan payment at the time it is due. The fee is $25 per incident. Mutual Fund Service Fee Payments⁶ Nationwide offers investment options, and purchases and sells shares of certain mutual funds in the aggregate each day so that the performance of the investment options corresponds to the performance of those mutual funds. When the Accounts aggregate these transactions, the mutual fund does not incur the expense of processing individual transactions that it would incur if it sold its shares to the public directly. This expense is instead incurred by the Nationwide companies. The Nationwide companies also incur the distribution costs associated with selling the retirement products, which benefits the mutual funds by providing Sponsors and participants with investment options that correspond to the underlying mutual funds. An investment adviser or subadviser of a mutual fund or its affiliates may provide the Nationwide companies with wholesaling services that assist in the distribution of the retirement products and may pay to participate in educational and/or marketing activities. These activities may provide the adviser or subadviser (or their affiliates) with increased exposure to persons involved in the distribution of the retirement products. In light of the above, certain mutual funds or their affiliates make payments to the Nationwide companies. The amount of these payments is typically based on an agreed upon percentage times the amount of assets that the Accounts invest in the mutual funds. These payments may be used for any corporate purpose, which includes reducing the price of the retirement products, paying expenses that the Nationwide companies incur in promoting, marketing, and administering the retirement products and achieving a profit. Payments are made to Nationwide Investment Services Corp, an affiliate, and then in full to Nationwide Trust Company, FSB. Additional information may be found in the Administrative Agreement and applicable mutual fund prospectus Overnight Fee¹A fee charged when a participant requests delivery of a check sent by express mail. The fee is assessed against the individual account of the participant. No participant will be charged for express delivery unless he or she chooses this method of delivery. This fee is $25 per express mailing. 383 PLAN SPONSOR FEE DISCLOSURE Page 6 of 7 Description of cost/compensation Description of services rendered and method of payment Amount and/or location of additional disclosure information ProAccount¹Nationwide ProAccount® is an optional, for-fee, professional money management service offered to participants of 457(b) and 401(k) plans. The service is offered through Nationwide Investment Advisors, LLC,a broker/dealer affiliate of NRS, which has retained Wilshire Associates as the independent financial expert to select and monitor investments. Based on a participant's personal profile, age and risk tolerance, Nationwide ProAccount will create an investment strategy that seeks to enhance diversification, increase returns and control risk. NIA, an SEC Registered Investment Advisor, offers a discretionary managed account service called Nationwide ProAccount® that provides professional management of assets in participant directed or plan sponsor/trustee directed defined contribution and deferred compensation retirement plans. Nationwide ProAccount offers individualized participant level investment advice, using an investment process developed and maintained by an Independent Financial Expert (""IFE""), which is designed to address the investment objectives of retirement plan participants. NIA offers Nationwide ProAccount to plan sponsors/trustees for the benefit of plan participants or directly to participants in private sector retirement plans and governmental deferred compensation plans. Wilshire Associates has been retained by NIA, as the IFE, to develop and maintain investment portfolios for Nationwide ProAccount. NIA charges an asset based fee to participants enrolled in Nationwide ProAccount. This fee is in addition to any underlying fund, trustee, custodial, asset, service, administrative or transactional fees that the retirement plan or participant may incur through the Nationwide Retirement Program. Self Directed Option (SDO) Annual Fee¹ A fee deducted annually from the Participant's account to cover the cost of recordkeeping the outside assets. The fee is $50 per year. Additional information may be found in your Self Directed Option Custody Agreement. Self Directed Option (SDO) Initial Fee¹ A fee deducted from the Participant's account at the time of the initial transfer to the SDO. SDO gives a participant the option of self directing his or her investments through Charles Schwab. The fee is $50 for opening the account. Additional information may be found in your Self Directed Option Custody Agreement. ¹ Items noted above are considered direct compensation to Nationwide and are paid directly from Plan assets. ² Items noted above are considered direct compensation to a party other than Nationwide as indicated above and are paid directly from Plan assets. ³ Items noted above are considered indirect compensation to Nationwide and not paid from Plan assets. Items are paid by the applicable subcontractor as noted above. ⁴ Items noted above are considered direct compensation to Nationwide and are paid directly from Plan assets if directed to deduct by the Sponsor. If items are billed and paid by the Sponsor, they would not be considered direct or indirect compensation. ⁵ A portion of the proceeds from the items noted above are considered direct compensation to Nationwide and are paid directly from Plan assets. The remainder of the proceeds may be used to pay plan expenses at the discretion of the plan. ⁶ A portion of the proceeds from the items noted above are considered indirect compensation to Nationwide and not paid from Plan assets. The remainder of the proceeds may be used to pay plan expenses or reimburse participants at the discretion of the plan. Items are paid by the applicable subcontractor as noted above. 384 Nationwide Retirement Solutions, Inc. and its affiliates (Nationwide) offer a variety of investment options to public sector retirement plans through variable annuity contracts, trust or custodial accounts. Nationwide may receive payments from mutual funds or their affiliates in connection with those investment options. Additionally,Nationwide may enter into arrangements to allocate all or a portion of these payments to plan sponsors for plan expenses. For more detail about the payments Nationwide receives, please visit www.nrsforu.com. Certain underlying investment options are not publicly traded mutual funds and are not available directly for purchase by the general public. They are only available through variable annuity/variable life insurance policies issued by life insurance companies or in some cases, through participation in certain qualified pension or retirement plans. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. © 2024 Nationwide. NRM-13472AO.5 Page 7 of 7 385 [Recipient Name] Page 1 of 4 Date prepared [MONTH DD, YYYY] Plan name [Plan Name] Questions? Call 877-677-3678 Visit us online nrsforu.com See reverse side for additional information Your Plan Name retirement account is moving to Nationwide Go paperless Enroll in eDelivery, a secure way to receive paperless statements and confirmations. Sign up at nrsforu.com. [Recipient Name] [Recipient Address 1] [Recipient Address 2] [Recipient City ST Zip Code] Plan Name recently completed a review of your 457(b) retirement benefit programs. Based on the results of the work, on or around Date, Nationwide will begin providing administration and recordkeeping services for all Plan Name participants. Your current account(s) will transfer to a new Nationwide account and your investments will change. The Plan Name, with the assistance of an independent financial expert, Consulting Firm (if applicable), assessed the current investment options available in your Plan and identified opportunities to enhance our offering for greater value. We’re excited to bring you an updated investment lineup. What to expect As a result of this move to Nationwide Retirement Plans, you’ll be temporarily unable to direct or diversify investments in your individual account, or obtain a distribution from the Plan. This period, during which you will be unable to exercise these rights otherwise available under the Plan is called a “blackout period.” Please refer to the blackout notice below for specific dates impacting the Plan’s blackout period. Important Transition Dates Date This is the last day MissionSquare will process any changes to your account including but not limited to: Contribution changes Distributions Investment changes This may also be the last day you can access your MissionSquare account online. Date The blackout period begins at the close of business. No transactions can be accepted or processed and you may not be able to view your account online. During the blackout period, your money will stay fully invested until Date when MissionSquare liquidates account assets. During the blackout period, your money will stay fully invested. 386 [Recipient Name] Page 2 of 4 See next page for additional information Important Transition Dates Date Your assets will be liquidated. Your assets will no longer show on MissionSquare’s website. MissionSquare will initiate the transfer of your assets to Nationwide. Please allow 3-5 days for your balances to appear on the Nationwide website. If you have any questions regarding this notice or the blackout period, please contact: Plan contact information Your current account balance and future contributions will be invested based on the enclosed fund mapping document. What you need to do Your account information, such as name, investment allocations, contribution amount, and beneficiary information will be transmitted to Nationwide as it is available. After the transition is complete, please take a moment to review and update your information so Nationwide has the most current details. With the transition to Nationwide, the Retirement IncomeAdvantage Fund will no longer be available. If you are currently invested in the Retirement IncomeAdvantage Fund, please contact MissionSquare at 800-669-7400 to initiate action. If no action is taken, your funds will map according to the mapping schedule Keep in mind If you currently receive a recurring distribution from your account The amount of your distribution, frequency and tax withholding may change at Nationwide based on current state and federal tax rules. Distributions will be taken equally from all your funds and deposited into your bank account or mailed to your home address, depending on the method of delivery that you have established at MissionSquare. If you are scheduled to receive a distribution during the blackout and transition period, you will not receive that payment until after your assets are transferred to Nationwide. If you are currently contributing to your retirement Plan All payroll contributions will be directed to Nationwide with the payroll for pay date Date. You can access your account by setting up an online profile at nrsforu.com. 387 [Recipient Name] Page 3 of 4 See next page for additional information Additional enhancements As part of the transition to Nationwide, your Plan Sponsor is excited to introduce the following features and services: Examples provided below ● The ability to take a loan from your account ● The ability to request a distribution online ● An online appointment scheduler to set up time to talk with your local Nationwide Retirement Specialist 388 [Recipient Name] Page 4 of 4 See next page for additional information How to learn more Please see the information below for educational workshops for transition support. Your local Nationwide Retirement Specialist will gladly assist you as you make decisions about Plan participation. We encourage you to attend one of the transition workshops to learn more about your options. Date Location Time Contact your local Nationwide Retirement Specialist Your local Nationwide Retirement Specialist is available to answer any questions you may have about preparing for retirement. Contact Field Representative name, phone number, and email. We’re here to help If you have any questions or need additional information, contact our solutions center at 877-677-3678. Our specialists are available Monday through Friday, 5 a.m. to 8 p.m. Pacific time and Saturday, 6 a.m. to 3 p.m. Pacific time. PO Box 182797, Columbus OH 43218-2797 Retirement Specialists are Registered Representatives of Nationwide Investment Services. Corporation, Member FINRA. Nationwide, the Nationwide N and Eagle, Nationwide is on your side are service marks of Nationwide Mutual Insurance Company. © 2025 Nationwide NRN-3867AO (03/25) 389 Investment Option Information Page 1 of 1 Your funds in the existing investment options will be directed as follows on insert date: Assets invested in and contributions to: Will be directed to: Current Fund Name Ticker/CUSIP New Fund Name Ticker/CUSIP MSQ Cash Management Fund V73600000 Vanguard Federal Money Market VMFXX MissionSquare PLUS Fund 92208J105 Nationwide TrueFlex N/A MSQ PIMCO High Yield Fund V81760000 Sterling Total Return STRDX MSQ Western Asset Core Plus Bond Fund V89000000 Sterling Total Return STRDX MissionSquare Core Bond Index Fund 92210F109 Fidelity US Bond Index FXNAX MissionSquare Inflation Focused Fund 92210F885 Sterling Total Return STRDX MissionSquare Model Portfolio Conservative Growth Fund 92210F273 T. Rowe Price Retirement 2015-G 87281U308 MissionSquare Retirement Target 2035 Fund 92210F497 T. Rowe Price Retirement 2035-G 87281U704 MissionSquare Retirement Target 2045 Fund 92210F380 T. Rowe Price Retirement 2045-G 87281U886 MissionSquare Retirement Target 2055 Fund 92210J341 T. Rowe Price Retirement 2055-G 87281U860 MissionSquare 500 Stock Index Fund 92210J812 Fidelity S&P 500 Index FXAIX MissionSquare Broad Market Index Fund 92210J721 Fidelity S&P 500 Index FXAIX MissionSquare Growth & Income Fund 92210J770 Fidelity S&P 500 Index FXAIX MissionSquare Growth Fund 92210J689 JP Morgan Large Growth JLGMX MissionSquare Mid/Small Company Index Fund 92210J572 Fidelity Mid Cap Index FSMDX MissionSquare Select Value Fund 92210J630 MFS Blended Research Mid Cap BMSYX MSQ Diversified International Fund V77530000 DFA International Core Equity DFIEX MissionSquare Overseas Equity Index Fund 92210J432 Fidelity Total International Index FTIHX Fund prospectuses can be obtained by calling 877-677-3678 or visit the website at nrsforu.com. Before investing, carefully consider the fund's investment objectives, risks, charges, and expenses. The fund prospectus contains this and other important information. Read the prospectuses carefully before investing. Ticker symbols are provided to help research mutual funds. Information related to pricing or performance of these funds published in publicly available media such as newspapers and websites may be different than performance data and pricing specific to the employer sponsored retirement plan. To find pricing or performance related information specific to the Plan’s account visit the Investment Info tab on the Plan’s website at nrsforu.com. Retirement Specialists are Registered Representatives of Nationwide Investment Services. Corporation, Member FINRA. Nationwide, the Nationwide N and Eagle, Nationwide is on your side are service marks of Nationwide Mutual Insurance Company. © 2025 Nationwide NRN-2326AO.5 (02/25) 390 1 AGREEMENT FOR INVESTMENT PERFORMANCE MONITORING AND ADVISORY SERVICES This agreement (“Agreement”) entered into this ___ day of _____________ 2025 between BURGESS CHAMBERS AND ASSOCIATES, INC., (hereinafter called “Consultant”), a Florida corporation authorized to do business in the State of Florida, located at 315 E Robinson Street, Suite 690, Orlando, Florida 32801, and CITY OF BOYNTON BEACH, a government entity whose principal address is 100 E Ocean Ave, Boynton Beach, FL 33435, (hereinafter called "Client"), collectively Consultant and Client hereinafter referred to as the Parties. WITNESSETH: WHEREAS, Consultant has demonstrated expertise in the field of investment monitoring and in advising governmental and corporate organizations retirement plans in the development of prudent investment policies and procedures; and WHEREAS, the Client seeks the advice and expertise of the Consultant, and WHEREAS, the Parties desire to enter into this Agreement for consulting services to keep the plans in compliance with required applicable rules and regulations. SERVICES OF CONSULTANT Consultant shall provide the following services to Client as shown below: 1. Develop an Investment Policy Statement (IPS), including the due diligence and evaluation criteria of investment products; and 2. Review current investment products available for employee investments, their characteristics, costs and expenses, and prepare watch lists and recommendations as appropriate; and 3. Prepare benchmarking services (RFP/RFQ/RFI) to establish market rates; and 4. Assist in communications and negotiations with current and potential service providers and act under the direction of the Client in revising contractual arrangements with investment providers; and 5. Measurement by objective/performance analysis with written reports and oral presentations as may be required; and 391 2 6. Consult and report on all investment products’ compliance with the plan documents and investment policy on a quarterly basis; and 7. Review of expenses on a quarterly basis; and 8. Review of investment products/platform on a quarterly basis; and 9. Assist in negotiations with service providers as needed. A. RESPONSIBILITIES OF CLIENT Client agrees to provide or cause its accountants, trustees, investment managers, and legal advisors to provide information regarding income, investment performance, and other pertinent matters relating to the Client’s Deferred Compensation Plan as requested by Consultant from time to time. Client, through its authorized representative, also agrees to communicate the Plan's needs and goals, and to keep Consultant informed of changes in the Client’s Deferred Compensation Plan’s situation, needs and goals. B. CONFIDENTIALITY AND PUBLIC RECORDS The parties acknowledge that some of the Client’s Deferred Compensation Plan information, obtained and communicated between the Consultant and third-party service providers may be regarded as confidential, proprietary, or protected trade secrets, and the Consultant shall protect such information from unauthorized disclosure. Notwithstanding the foregoing, 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 392 3 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, the Consultant shall transfer to the City, at no cost to the City, all public records in the 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 compatible with the City's information technology systems. 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 OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060, CityClerk@bbfl.us C. BASIS OF ADVICE Client acknowledges that Consultant obtains information from a wide variety of public and private sources. The advice provided by Consultant to Client is based upon its analysis of such information. Notwithstanding the foregoing sentence, Consultant acknowledges Consultant has been hired by the Client as a result of Consultant’s representation of expertise in the subject matter herein and as such Client may rely on Consultant’s advice. D. REPRESENTATIONS OF CONSULTANT 1. Consultant is not the Plan Administrator or the Plan’s money manager for the Client’s Deferred Compensation Plan, nor is Consultant in any way compensated by nor does Consultant have any affiliation whatsoever with any service providers or money manager; and 2. Consultant acknowledges that it is a fiduciary of the Plan as defined by the Employee Retirement Income Security Act of 1974. 393 4 E. FEES TO CONSULTANT, INVOICES, AND PAYMENT 1. In consideration of the routine services rendered by Consultant, Client shall direct payment of fees to the Consultant of an annual fee based on the following percentages of the Client’s Deferred Compensation Plan’s assets (at market): 0.06% fee of the Plan’s total asset value. Fees may be determined and paid monthly or quarterly, in arrears. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Consultant beyond the amount remaining due to Consultant 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. 2. Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 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, hourly rate, and date(s) of service. Invoices may be submitted in accordance with the schedule specified in Exhibit A; however, all Services provided before September 30th of any given year must be invoiced by September 30th of that year. Consultant shall provide a W-9 with the first invoice. 3. Payment shall only be made for Services actually performed pursuant to this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the payment 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 Consultant, either wholly or in part, and no payment 394 5 shall be construed to be an acceptance of or to relieve Consultant of liability for the defective, faulty, or incomplete rendition of the Services. F. TERM This Agreement shall be effective and commence upon execution by the Parties for an initial term of three (3) years. Upon the expiration of the initial term, the Agreement shall automatically renew until such time as either party elects to terminate or otherwise nullify this agreement as specified and permitted herein. G. TERMINATION Client shall have the right to termination of this Agreement within five (5) business days after the signing of this Agreement. Client shall give Consultant written notice of termination. After the initial five (5) day period, Client may terminate this Agreement at any time in writing, and charges for services completed will be prorated based on the total fees as set forth in paragraph E. Consultant shall have the right to termination of this Agreement at any time in writing, and charges for services completed will be prorated based on the total fees as set forth in paragraph E. H. REQUIRED DISCLOSURES Consultant is an investment advisor registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940. Consultant shall deliver information providing disclosures regarding the Consultant's background and business practices along with Part II of Consultant's Form ADV filed with the S.E.C. Client acknowledges that it has received the Consultant's most recent ADV, Part II. Consultant shall provide a copy of the required disclosure on an annual basis. I. MISCELLANEOUS 1. This Agreement shall be applicable only to the services individually prepared for Client. It shall not relate to any advice given by any person or persons not specifically designated by Consultant in writing to perform such services. 2. Neither party hereto may assign, convey, or otherwise transfer any of its rights, 395 6 obligations, or interest herein without the prior express written consent of the other party. 3. This Agreement represents the complete agreement of the parties with regard to the subject matter and supersedes any prior understanding or agreement, oral or written. 4. This Agreement may be amended or revised only by an instrument in writing signed by Client and Consultant. 5. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the Florida. 6. This Agreement may be executed in several counterparts, each of which shall be deemed an original. 7. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that the Consultant is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. Consultant shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. 8. This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 9. Neither Consultant 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. J. NOTICE Any notices, comments, or other communications required or permitted to be sent or given hereunder by any of the parties shall in every case be in writing and shall be deemed properly served if (a) delivered personally, (b) sent by registered or certified mail, in all such cases with first class postage prepaid, return receipt requested, (s) delivered by a recognized overnight courier service, or (d) sent by email, or facsimile transmission to the parties at the addresses as set forth below or at such other addresses as may be furnished in writing. 396 7 If to client: Alan Lawson, Director, Finance/Treasurer City of Boynton Beach 100 E Ocean Ave, Boynton Beach, FL 33435 O: (561) 742 6273 lawsona@bbfl.us If to Consultant: Frank Wan, Senior Consultant BCA, Inc 315 E. Robinson St, Suite 690 Orlando, Fl 32801 O: (407) 644 - 0111 fwan@burgesschambers.com K. PUBLIC ENTITY CRIMES BILL Section 287.133, Florida Statutes, provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid 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 in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. L. E-VERIFY DISCLOSURE In accordance with Chapter 2020-149, Laws of Florida, the Advisor confirms that it does not currently, and will not in the future, employ, contract with, or subcontract with unauthorized aliens and that it has registered accordingly with the E-Verify platform. 397 8 Advisor acknowledges that any violation with the aforementioned will result in a default to this Agreement and the retirement plan shall be entitled to any and all relief available, including but not limited to, consequential damages, rebate of fees, costs and expenses, etc., resulting from the voiding of this Agreement. M. ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Consultant or any subcontractor 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 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. 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. N. HUMAN TRAFFICKING On or before the effective date of this Agreement, Consultant shall provide City with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. O. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Consultant represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” 398 9 pursuant to Sections 215.473 or 215.4725, Florida Statutes. Consultant represents and certifies that it is not, and for the duration of the Term will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Consultant represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. P. SOVEREIGN IMMUNITY Nothing in this Agreement or herein shall be considered or construed to waive the City's rights and immunities under common law or section 768.28, Florida Statutes, as may be amended. Q. INDEMNIFICATION Consultant shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate vendors, any of their subcontractors, or sub-subcontractors (collectively, "Indemnified Party"), from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the Indemnified Party arising out of or resulting from (A) Consultant's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Consultant's, its agents, employees, subcontractors, participants, and volunteers, and (C) Consultant's failure to take out and maintain insurance as required under this Agreement. 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 against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of the termination of the Agreement. If considered necessary by the City and the City Attorney, any sums due the Consultant under this Agreement may be retained by the City until all claims subject to this indemnification 399 10 obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. R. INSURANCE At the time of execution of this Agreement, the Consultant shall provide the City with a copy of its Certificate of Insurance reflecting all applicable insurance coverage set forth in the Insurance Advisory attached hereto as Exhibit A, and incorporated herein by reference. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insureds. Insurance carriers should have an AM Best Rating of A- or better. S. VENUE, JURISDICTION, WAIVER OF JURY TRIAL This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 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. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 400 11 401 12 IN WITNESS WHEREOF, this Agreement has been signed in duplicate, and BURGESS CHAMBERS AND ASSOCIATES, INC has caused its corporate name to be signed to said duplicates by the proper officers thereunto duly authorized on the day and in the year first above written. BURGESS CHAMBERS AND ASSOCIATES, INC. Signature: ______________________ Name:__________________________ Title:__________________________ City of Boynton Beach Signature: ______________________ Name:__________________________ Title:___________________________ 402 457 Plan Alan Lawson Finance Director November 4, 2025 Anthony Davidson, DDF Lynn Nazario, Director HR 403 Desired Outcome •Consolidation & Scale – Combine existing plans to maximize efficiencies and purchasing power. •Lower Fees – Renegotiate the Nationwide contract with an administrative fee cap of 0.065% (or $39 per participant annually). •Institutional Investments – Utilize BCA’s expertise to secure an open-architecture platform and lower-cost institutional share classes. •Transparency – Eliminate hidden fees, retail commissions, and underperforming funds. •Best Practices – Adopt target-date funds as the default option, add a money market fund to capture competitive yields, and align investment choices with industry standards. •Managed Accounts – Review and negotiate managed account fees. •Expanded Access – Add Schwab/JP Morgan self-directed brokerage to broaden the investment universe. •Governance – Formalize an Investment Policy Statement and a Service Level Agreement •Oversight – Provide ongoing monitoring and fiduciary support. Purpose •Approve the Finance Director with the assistance of Burgess Chambers & Associates, Inc. (BCA), a government retirement plan specialist to consolidate the three separate 457 Plans providers into one provider (Nationwide) Maximizing Employees’ and Retirees’ Retirement Gains Recommendation •Utilize existing a current provider, Nationwide, to consolidate the 457 Plans. Close other 457 plans and all business relationship with Empower and Mission Square. Anticipated Outcomes •Higher employee participation •More than $300,000 in annual savings/benefits for employees •Removal of all fees except Administration fee ($39 per year) •Age- and risk-appropriate investment alignment •Maximized participant outcomes through lower costs and better investment options •No financial impact to the City’s budget 404 What does the change mean to the COBB’s Employees? Nationwide Fee Summary (68% of Members, 79% Assets): • Estimated total variable investment expense: 1.42% • Estimated total variable administrative expense: 1.09% • Assume $50k balance / administrative cost per participant ($): $545 MissionSquare Fee Summary (28% of Members, 18% Assets): • Estimated total investment expense: 1.25% • Estimated total administrative expense: 0.92% • Assume $50k balance / administrative cost per participant ($): $460 Empower Fee Summary (4% of Members, 3% Assets): • Estimated total investment expense: 0.99% • Estimated total administrative expense: 0.66% • Assume $50k balance / administrative cost per participant ($): $330 *Analytics based on $50K Balance; Total Estimated Asset Balance ~$35Million Recap of Changes •$39 per participant per year fee •No more transaction fees •Admin fee reductions (Fund fees) •Hidden fee removal (full transparency) •Retirees will benefit the most due to higher than average balances •Institutional Investments Available increase +50,000 405 Process to Consolidation – 120 Day rollout (April 1, 2026) • Approval to proceed with cancellation of existing contracts and consolidate to Nationwide from Commission • New Contract with Nationwide and BCA signed by the CM/Mayor (late November) • Contract terminations sent to Mission Square and Empower • Finalize 457 Plan consolidation phases between COBB with BCA & Nationwide • November Announcement of 457 Plan Consolidation to Employees from HR • At the latest, employees will be able to use the new 457 Plan • Starting in January 2026, 90-60-30-15 Employee/Retiree Education Seminars (On-site & Virtual) from Nationwide representative • Final employee rollover completion April 1, 2026 to new 457 Plan with Nationwide. Minimum of Two Q&A questions for Boynton Beach employees/retirees. (Option for Three if the required) 406 Questions and Answers 407 Appendix 408 Process to Consolidation – One Year Roll Out 409 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-319- Approve a Piggyback Agreement for the purchase of sodium hypochlorite from Allied Universal Corporation in the amount of $892,500, utilizing the rates of the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 519-2. Requested Action: Staff recommends approval of Proposed Resolution No. R25-319. Explanation of Request: Contract Period: November 30, 2025, through November 29, 2027, with the option of two, one-year renewals. The Utility utilizes sodium hypochlorite at the East and West Water Treatment Plants to disinfect drinking water in accordance with the Safe Drinking Water Act. The Utilities Department is requesting spending approval for $892,500 for using a piggyback of the Southeast Florida Governmental Purchasing Cooperative Group Bid No.519-2 to purchase sodium hypochlorite for drinking water treatment. The Southeast Florida Governmental Purchasing Cooperative Group contract meets the City of Boynton Beach procurement requirements. This purchase will be procured through the piggyback exemption of the purchasing policy. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost- effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? This product is necessary for water treatment to meet the state and Federal Safe Drinking Water Standards. Budgeted Item: Yes Account Line Item and Description: Funding is available in Utilities account 401-2811- 536.52-28, Sodium Hypochlorite. 410 Fiscal Impact: $892,000 annually. Attachments: R25-319 Agenda_Item_3944-2025_Resolution_for_Piggyback_Agreement_- _Allied_Universal_Corporation_-_Sodium_Hypochlorite.docx Agenda_Item_3944-2025_Resolution for Piggyback Agreement - Allied Universal Corporation - Sodium Hypochlorite.docx Exhibit A to Resolution - Allied signed- C~O Boynton Beach Piggyback Agreement 11-21- 25.pdf Sodium Hypochlorite cam.docx Sodium Hypochlorite co-op contract award 10-24-25.pdf C~O Boynton Beach COI 08-28-25.pdf Allied Universal Corp - Contract_Award_Event_519-2-_Sodium_Hypochlorite_Co-Op_.pdf Exhibit 1- Solicitation 10-24-25.pdf Exhibit 2- Bid tab 10-24-25.pdf 411 RESOLUTION NO. R25-319 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH ALLIED 2 UNIVERSAL CORPORATION FOR THE PURCHASE OF SODIUM 3 HYPOCHLORITE, FOR AN AMOUNT NOT-TO-EXCEED $892,500.00 4 ANNUALLY; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the City requires sodium hypochlorite at the East and West Water Treatment 7 Plants to disinfect drinking water in accordance with the Safe Drinking Water Act; and 8 WHEREAS, the City of Fort Lauderdale issued an Invitation for Bid (“ITB”), acting by and 9 through Southeast Florida Governmental Purchasing Cooperative Group to establish a 10 cooperative purchasing agreement for the purchase of sodium hypochlorite and entered into an 11 agreement with Allied Universal Corporation (“Vendor”); and 12 WHEREAS, the City is a Participating Agency in the Southeast Florida Governmental 13 Purchasing Cooperative Group; and 14 WHEREAS, the City of Boynton Beach Utilities Water Quality and Treatment Department 15 desires to enter into a Piggyback Agreement with the Vendor for the purchase and delivery of the 16 sodium hypochlorite for the East and West Water Treatment Plant; and 17 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 18 provides authority for the City to acquire or contract for services without utilizing a sealed 19 competitive method or the written quotations method where the desired services are the subject 20 of an agreement that utilizes another government entity’s contract, provided that the contract 21 was awarded based strictly on competitive bidding; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 24 Vendor for the purchase of sodium hypochlorite for an amount not to exceed $892,500.00 25 annually. 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 31 412 RESOLUTION NO. R25-319 approve the Piggyback Agreement between Vendor and the City for the purchase of Sodium 32 Hypochlorite for an amount not to exceed $892,500.00 annually (the “Agreement”), in form and 33 substance similar to that attached as Exhibit A. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 36 execute any renewal amendments or ancillary documents required under the Agreement or 37 necessary to accomplish the purposes of this Resolution. 38 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 39 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 40 Taralyn Pratt to forward to the Vendor. 41 SECTION 5. This Resolution shall take effect in accordance with the law. 42 [SIGNATURES ON THE FOLLOWING PAGE] 43 413 RESOLUTION NO. R25-319 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 69 414 RESOLUTION NO. R25- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH ALLIED 2 UNIVERSAL CORPORATION FOR THE PURCHASE OF SODIUM 3 HYPOCHLORITE, FOR AN AMOUNT NOT-TO-EXCEED $892,500.00 4 ANNUALLY; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the City requires sodium hypochlorite at the East and West Water Treatment 7 Plants to disinfect drinking water in accordance with the Safe Drinking Water Act; and 8 WHEREAS, the City of Fort Lauderdale issued an Invitation for Bid (“ITB”), acting by and 9 through Southeast Florida Governmental Purchasing Cooperative Group to establish a 10 cooperative purchasing agreement for the purchase of sodium hypochlorite and entered into an 11 agreement with Allied Universal Corporation (“Vendor”); and 12 WHEREAS, the City is a Participating Agency in the Southeast Florida Governmental 13 Purchasing Cooperative Group; and 14 WHEREAS, the City of Boynton Beach Utilities Water Quality and Treatment Department 15 desires to enter into a Piggyback Agreement with the Vendor for the purchase and delivery of the 16 sodium hypochlorite for the East and West Water Treatment Plant; and 17 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 18 provides authority for the City to acquire or contract for services without utilizing a sealed 19 competitive method or the written quotations method where the desired services are the subject 20 of an agreement that utilizes another government entity’s contract, provided that the contract 21 was awarded based strictly on competitive bidding; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 24 Vendor for the purchase of sodium hypochlorite for an amount not to exceed $892,500.00 25 annually. 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 31 415 RESOLUTION NO. R25- approve the Piggyback Agreement between Vendor and the City for the purchase of Sodium 32 Hypochlorite for an amount not to exceed $892,500.00 annually (the “Agreement”), in form and 33 substance similar to that attached as Exhibit A. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 36 execute any renewal amendments or ancillary documents required under the Agreement or 37 necessary to accomplish the purposes of this Resolution. 38 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 39 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 40 Taralyn Pratt to forward to the Vendor. 41 SECTION 5. This Resolution shall take effect in accordance with the law. 42 [SIGNATURES ON THE FOLLOWING PAGE] 43 416 RESOLUTION NO. R25- 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 69 417 418 419 420 421 422 423 424 425 426 427 10/23/2025 Page 1 of 2 CAM #25-0940 CITY OF FORT LAUDERDALE City Commission Agenda Memo #25-0940 REGULAR MEETING TO: Honorable Mayor & Members of the Fort Lauderdale City Commission FROM: Rickelle Williams, City Manager DATE: October 23, 2025 TITLE: Motion Approving Agreements for Invitation to Bid No. 519-2, Purchase of Sodium Hypochlorite - Allied Universal Corporation and Odyssey Manufacturing Company - $564,402 (Two-Year Aggregate) - (Commission Districts 1, 2, 3 and 4) Recommendation Staff recommends the City Commission approve agreements, in substantially the forms attached, for the purchase of sodium hypochlorite from Allied Universal Corporation and Odyssey Manufacturing Company for an initial two (2)-year term in the estimated aggregate amount of $564,402; and authorize the City Manager to execute the agreements and approve two (2) one (1)-year renewal options for an estimated annual aggregate renewal amount of $282,201, for a potential total contract amount of $1,128,804, contingent upon appropriation of funds. Background During the water treatment process, sodium hypochlorite is added to the finished water at the Peele Dixie Water Treatment Plant to deliver a disinfectant residual sustained throughout the distribution system. During a two (2)-year term, the City expects to utilize approximately 340,000 gallons of sodium hypochlorite delivered via tanker trucks. The City of Fort Lauderdale is a lead agency for the Southeast Florida Governmental Cooperative (Co-op), a collective of approximately 45 governmental entities that combine their purchasing power to provide cost savings and achieve fixed and firm prices to all entities by utilizing standardized requirements for common basic line items. This Co-op contract will allow other municipalities and governmental entities in need of sodium hypochlorite to receive the same product and services under the same terms, conditions and prices. On August 13, 2025, the City, via the Procurement Services Division issued Invitation to Bid (ITB) No. 519-2. The bid was extended to entice competition and on September 5, 2025, the bid opened with two (2) responses submitted by Allied Universal Corporation and Odyssey Manufacturing Company. Other potential suppliers that were invited to bid cited not having sufficient capacity as the reason for not submitting a bid. The bid responses provided by both Allied Universal Corporation and Odyssey Manufacturing Company have met the ITB criteria and both organizations have been deemed responsive and responsible bidders. Therefore, staff recommends both Allied Universal Corporation and Odyssey Manufacturing Company for award. As the need for 428 10/23/2025 Page 2 of 2 CAM #25-0940 the chemical arises, a purchase order will be issued to the lowest bidder capable of timely delivery. Resource Impact There will be a fiscal impact to the City in the estimated amount of $282,201. Funds are available in the FY 2026 Operating Budget in the account listed below. Funds available as of October 1, 2025 ACCOUNT NUMBER INDEX NAME (Program) CHARACTER CODE/ SUB-OBJECT NAME AMENDED BUDGET (Character) AVAILABLE BALANCE (Character) AMOUNT 10-450-7406- 536-30-3717 Peele/Dixie Operations Sodium Hypochlorite $1,820,812 $1,820,812 $282,201 PURCHASE TOTAL ► $282,201 Strategic Connections This item supports the Press Play Fort Lauderdale 2029 Strategic Plan, specifically advancing: The Infrastructure and Resilience Focus Area, Goal 3: Be a sustainable and resilient community. This item advances the Fast Forward Fort Lauderdale 2035 Vision Plan: We Are Ready. This item supports the Advance Fort Lauderdale 2040 Comprehensive Plan specifically advancing: The Infrastructure Focus Area Sanitary Sewer, Water, & Stormwater Element Goal 2: Develop and maintain an adequate wastewater collection and treatment system, which meets existing and projected needs of the City and adjacent users in the Central Wastewater Region. Goal 3: Develop and maintain an adequate water supply, treatment and distribution system, which meets the existing and projected needs of the service area in an efficient, economical, and environmentally sensitive manner. Attachments Exhibit 1 - Solicitation Exhibit 2 - Bid Tabulation ______________________________________________________________________ Prepared by: Stefan Mohammed, Senior Procurement Specialist, Procurement Services Mary Ann Walder, Administrative Supervisor, Utility Services Matthew Eaton, Senior Administrative Assistant, Procurement Services Department Directors: Talal Abi-Karam, Utility Services Glenn Marcos, Procurement Services 429 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 coop@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: _________________ ____________________________________________________________________ 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: ___________________________________ 430 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: ___________________________________ 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: ____________________________________ 431 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/28/2025 (800) 845-8437 17370 Allied Universal Corp 3901 NW 115 Ave. Miami, FL 33178 25224 A 1,000,000 X GLP202370318 8/31/2025 8/31/2026 1,000,000 Retro Date Applies 25,000 1,000,000 3,000,000 3,000,000 EBL AGGREGATE 1,000,000 1,000,000B BAP202370418 8/31/2025 8/31/2026 9,000,000A FFX202370618 8/31/2025 8/31/2026 9,000,000 A Poll Liab Claim Made SSP202370518 8/31/2025 Each Poll Condition 1,000,000 A Pollution Liability SSP202370518 8/31/2025 8/31/2026 Total Aggregate 3,000,000 City of Boynton Beach is included as an additional insured with respects to General Liability when required by written contract. City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 ALLIUNI-01 GYOON Acrisure Southeast Partners Insurance Services, LLC 1317 Citizens Blvd Leesburg, FL 34748 Nautilus Insurance Company Great Divide Insurance Company Aggregate 8/31/2026 X X X X X X X X 432 COMMODITIES CONTRACT AWARD CITY OF FORT LAUDERDALE PROCUREMENT SERVICES DIVISION Awarded Vendor: Terms: Allied Universal Corp. 3901 NW 115th Ave Miami, FL 33178 Attn: Cristhianne Mungia Tel: 305-888-2623 ext 0125 Email: CristhianneM@allieduniversal.com P-Card Accepted? Yes Insurance Coverage Required: Yes Authorized Purchases: $564,402 Approved by City Commission: CAM 25-0940 Extension Options: Yes Qty 2 / 1 -Yr Extensions ITEMS: Sodium Hypochlorite (Tanker load) .................................................. $1.66 per gallon Sodium Hypochlorite (Less than tanker load) …………………………$1.76 per gallon Department Contract Coordinator: Mary Ann Walder (Johnston), 954-828-7843 Procurement Specialist: Stefan Mohammed, 954-326-6378 Approved by Commission CAM 25-0940 on 10/23/2025 Contract Name Sodium Hypochlorite (Co-Op) Contract No. Initial Period Covered Event No. 786 11/30/2025 – 11/29/2027 519-2 433 Event # 519-2 Name:Sodium Hypochlorite (Co-Op) Description:The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group. This is an initial two (2) year contract with two, one (1) year renewal terms. Buyer:MOHAMMED, STEFAN Status:Pending Award Event Type:IFB Currency:USD Sealed Bid:Yes Respond To All Lines:No Q & A Allowed:Yes Number Of Amendments:2 Display Bid Tabulation:Display When Event Closed For Bidding Event Dates Preview:Q & A Open:08/14/2025 08:00:00 AM Open:08/13/2025 02:00:00 PM Q & A Close:09/03/2025 05:00:00 PM Close:09/05/2025 02:00:00 PM Dispute Close: Questions Question Response Type Attachment Did you complete all the required forms?Yes No Text Event 519- Sodium Hypochlorite Required Forms.pdf Attachments Name Attachment 1. General Conditions 1. General Conditions - Rev 08-2023.pdf Event 519- Sodium Hypochlorite (Co-Op).pdf Event 519- Sodium Hypochlorite (Co-Op).pdf September 9, 2025 8:26:21 AM EDT Page 1 CAM #25-0940 Exhibit 1 Page 1 of 27 434 Name Attachment Cooperative Purchase Addendum (1064086.4) 08-20-25.docx Cooperative Purchase Addendum (1064086.4) 08-20-25.docx Contacts Name Email Address STEFAN MOHAMMED smohammed@fortlauderdale.gov MARIE FLYNN mflynn@fortlauderdale.gov Commodity Codes Commodity Code Description 190-68 Oxidizing and Bleaching Agents 505-25 Chlorine and Peroxygen Bleaches 885-84 Sodium Hydroxide Line Details Line 1: Sodium hypochlorite- Tanker Load Description:Sodium hypochlorite- Tanker Load Item:519-1-SODIUM HYPOCHLORITE FULL Sodium hypochlorite- Tanker Load Long Item Description: City of Fort Lauderdale anticipated usage: 340,000 gallons over 2 years. Based on past usage, the co-op anticipates usage of 11,730,000 gallons for the two year contract. However past usage is not indicative of future usage. Commodity Code: 885-84 Sodium Hydroxide Quantity:340,000.0000 Unit of Measure: GA Require Response: No Price Breaks Allowed: No Allow Alternate Responses: No Event # 519-2: Sodium Hypochlorite (Co-Op) September 9, 2025 8:26:21 AM EDT Page 2 CAM #25-0940 Exhibit 1 Page 2 of 27 435 Add On Charges Allowed: No Line 2: Sodium hypochlorite- Less than tanker load Description:Sodium hypochlorite- Less than tanker load Item:519-2-SODIUM HYPO LESS THAN FULL Sodium hypochlorite- Less than tanker load Long Item Description: Based on past usage, the Co-op anticipates usage of 417,000 gallons for a two year term, however past usage is not indicative of future usage. Commodity Code: 190-68 Oxidizing and Bleaching Agents Quantity:1.0000 Unit of Measure: GA Require Response: No Price Breaks Allowed: No Allow Alternate Responses: No Add On Charges Allowed: No Event # 519-2: Sodium Hypochlorite (Co-Op) September 9, 2025 8:26:21 AM EDT Page 3 CAM #25-0940 Exhibit 1 Page 3 of 27 436 TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the “lead agency”. All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor’s name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. “WORKING TOGETHER TO REDUCE COSTS” SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP CAM #25-0940 Exhibit 1 Page 4 of 27 437 City of Fort Lauderdale Sodium Hypochlorite (Co-Op) IFB# Event 519 SECTION I – INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group and the participating agencies referenced below. 1.2 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351or email at Smohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by the City’s on-line strategic sourcing platform. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the City’s online strategic sourcing platform shall become part of any contract that is created from this ITB. 1.3 Pre-bid Conference and/or Site Visit There will not be a pre-bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City’s requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 1.4 CITY’S ON-LINE STRATEGIC SOURCING PLATFORM The City of Fort Lauderdale uses its own on-line strategic sourcing platform to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results, and issuing notification of an intended decision. There is no charge to register and download the ITB from the City’s on-line strategic sourcing platform. Bidders are strongly encouraged to read the supplier tutorials available in the City’s on-line strategic sourcing platform well in advance of their intention of submitting a bid to ensure familiarity with the use of the City’s on-line strategic sourcing platform. The City shall not be responsible for a Bidder’s inability to submit a Bid by the end date and time for any reason, including issues arising from the use of the City’s on-line strategic sourcing platform. CAM #25-0940 Exhibit 1 Page 5 of 27 438 Version 03-06-25 It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through the City’s on-line strategic sourcing platform no later than the time and date specified in this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA the City’s on-line strategic sourcing platform. 1.5 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request for Proposals, Request for Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via the City’s on-line strategic sourcing platform at the date and time indicated on the solicitation. All openings will be held on the City’s on-line strategic sourcing platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question-and-Answer forum on the City’s on-line strategic sourcing platform before the Last Day for Questions indicated in the Solicitation. END OF SECTION CAM #25-0940 Exhibit 1 Page 6 of 27 439 Version 03-06-25 SECTION II - SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G -107, Rev. 09/22) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question / answer feature provided by the City’s on-line strategic sourcing platform and request modification or clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Ques tion and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by the City’s on-line strategic sourcing platform and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to the City’s on-line strategic sourcing platform as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents, and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder’s Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 Pricing/Delivery Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. Each participating agency may have special delivery instructions that they shall address on an individual basis. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One-Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. CAM #25-0940 Exhibit 1 Page 7 of 27 440 Version 03-06-25 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment, but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City’s P -Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids / Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms, or does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work CAM #25-0940 Exhibit 1 Page 8 of 27 441 Version 03-06-25 completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 Non-Exclusive Contract Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website. 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm’s bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation CAM #25-0940 Exhibit 1 Page 9 of 27 442 Version 03-06-25 must comply, if applicable, with City of Fort Lauderdale Ordinance No. C -11-42, and Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C -11-42 and Resolution No. 07-101 may be obtained from the City Clerk’s Office, located at 1 East Broward Boulevard, Suite 444, Fort Lauderdale, Florida 33301. 2.19 Local Business Preference – N/A 2.20 Disadvantaged Business Enterprise Preference – N/A 2.21 Protest Procedure 2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the City to follow the city’s procurement ordinance or any applicable law, may follow the protest procedure as found in the city’s procurement ordinance within five (5) days after a notice of intent to award is posted on the city’s web site at the following link: Click Here 2.21.2 The complete protest ordinance may be found on the city’s web site at the following link: Click Here 2.22 Public Entity Crimes Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes (2024), as may be amended or revised, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an Agreement with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes (2024), as may be amended or revised, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement and may result in debarment from City’s competitive procurement activities. 2.23 Subcontractors 2.23.1 If the Contractor proposes to use subcontractors in the course of providing these services to the City, this information shall be a part of the bid/proposal response. Such information shall be subject to review, acceptance, and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Contractor to replace subcontractor with one that meets City approval. 2.23.2 Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold harmless the City and the City’s officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor’s subcontractors for payment for work performed for the City. CAM #25-0940 Exhibit 1 Page 10 of 27 443 Version 03-06-25 2.23.3 Contractor shall require all its subcontractors to provide the required insurance coverage as well as any other coverage that the contractor may consider necessary, and any deficiency in the coverage or policy limits of said subcontractors will be the sole responsibility of the contractor. 2.24 Bid Security – N/A 2.25 Payment and Performance Bond – N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at its sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor’s insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under this Agreement. All insurance policies shall be through insurers authorized or eligible to write policies in the State of Florida and possess an A.M. Best rating of A-, VII or better, subject to approval by the City’s Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and/or endorsements shall in no way be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City’s review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for contractual liability and independent contractors. The City, a Florida municipal corporation, its officials, employees, and volunteers are to be covered as an additional insured with a CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officials, employees, and volunteers. 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. CAM #25-0940 Exhibit 1 Page 11 of 27 444 Version 03-06-25 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. Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers’ Compensation insurance. Exceptions and exemptions will be allowed by the City’s Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor’s insurance carrier waives, all subrogation rights against the City, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than ten (10) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having 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 Agreement term or any surviving obligation of the Contractor following expiration or early termination of the Agreement goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certific ate 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 Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective 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 title of the Agreement, Bid/Proposal/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. The Certificate Holder should read as follows: City of Fort Lauderdale c/o Procurement Services Division 401 SE 21st Street Fort Lauderdale, FL 33316 CAM #25-0940 Exhibit 1 Page 12 of 27 445 Version 03-06-25 2.26.5 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, coinsurance 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. 2.26.6 If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor’s insurance coverage shall be primary insurance as respects to the City, a Florida municipal corporation, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, a Florida municipal corporation, its officials, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in any insurance policy maintained by the Contractor that excludes coverage required in this Agreement shall be deemed unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies. 2.26.10 The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor’s insurance company or companies and the City’s Risk Management office as soon as practical. 2.26.11 It is the Contractor's responsibility to ensure that any and all of the Contractor’s independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. SPECIALIZED COVERAGES Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term “hazardous materials” includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. 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 Agreement, including but not limited to, all hazardous materials identified under the Agreement. CAM #25-0940 Exhibit 1 Page 13 of 27 446 Version 03-06-25 Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.27 Insurance – Sub-Contractors Contractor shall require all its Sub-Contractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said Sub-Contractors will be the sole responsibility of the Contractor. 2.28 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a c omputer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.29 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. A Contract (the “Agreement”) may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City’s best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. AND IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN BID/PROPOSAL PRICE(S) SUBMITTED BY BIDDER/PROPOSER ELECTRONICALLY INTO THE CITY’S ON -LINE STRATEGIC SOURCING PLATFORM UNIT PRICE FIELD (S), ANY OTHER FORMS OR ATTACHMENTS (WHETHER PART OF THE CITY’S SOLICITATION DOCUMENTS OR DOCUMENTS CREATED AND UPLOADED BY THE BIDDER/PROPOSER), OR ANOTHER SECTION /FIELD OF THE SYSTEM, THE ONLINE UNIT PRICE(S) INPUTTED ELECTRONICALLY INTO THE SYSTEM BY BIDDER/PROPOSER SHALL GOVERN. 2.30 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. CAM #25-0940 Exhibit 1 Page 14 of 27 447 Version 03-06-25 2.31 Safety The Contractor(s) shall adhere to the Florida Department of Transportation’s Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 2.32 Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 2.32.1 The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respec t thereto during the period of the Force Majeure; 2.32.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.32.3 No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 2.32.4 The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 2.33 Canadian Companies In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City’s enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 2.34 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract, or the tasks or projects associated with the project shall not be made without prior City approval. 2.35 Approved Equal or Alternative Product Bids – N/A Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed. 2.36 Contract Period The initial contract term shall commence upon the date of award by the City and shall expire two years from that date. The City reserves the right to extend the contract for two, additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. CAM #25-0940 Exhibit 1 Page 15 of 27 448 Version 03-06-25 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 270 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.37 COST ADJUSTMENTS (Fixed Price with Economic Price Adjustment: Escalator/De- escalator)- The prices offered shall be firm and fixed price for the initial contract term of two years. The City, at its sole discretion, may conduct industry or market research to determine whether economic/market conditions support an increase or decrease price adjustment during the renewal term of the contract. Such adjustment, as determined by the City, shall be based on the latest yearly percentage increase or decrease in the All-Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be the latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in ef fect, as compared to the index for the comparable month, one-year prior. The City’s designated Senior Procurement Specialist/Procurement Specialist will fully document its economic/market analysis to support its recommendation to make a price adjustment upward or downward to the contract. The Chief Procurement Officer may, after reviewing the recommendation, refuse to accept the adjusted costs if they are excessive, or if decreases are considered insufficient. The City’s price adjustment determination will be communicated to the supplier at least ninety (90) days prior to the contract anniversary date of contract renewal. If said communication is not received by the supplier by the above stated timeframe, it shall be construed that no price adjustment will occur during the renewal period. Any approved cost adjustments shall become effective on the beginning date of the approved contract renewal period. 2.38 Service Test Period If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor (if applicable). 2.39 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: • Liaison with Contractor. • Coordinate and approve all work under the contract. • Resolve any disputes. • Assure consistency and quality of Contractor's performance. • Schedule and conduct Contractor performance evaluations and document findings. • Review and approve for payment all invoices for work performed or items delivered. CAM #25-0940 Exhibit 1 Page 16 of 27 449 2.40 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements, and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.41 Substitution of Personnel – N/A 2.42 Ownership of Work – N/A 2.43 Condition of Trade-In Equipment – N/A 2.44 Conditions of Trade-In Shipment and Purchase Payment – N/A 2.45 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security’s E-Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E-VERIFY Affirmation Statement must be completed and submitted with Bidder’s response to this ITB. 2.46 Service Organization Controls - N/A 2.47 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.48 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the bid as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, Version 03-06-25 CAM #25-0940 Exhibit 1 Page 17 of 27 450 Version 03-06-25 without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 2.49 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City’s Formal solicitation process may be found at: Click Here. Tabulations of receipt of those parties responding to a formal solicitation may be found at: Click Here. Any interested party may call the Procurement Services Division at 954-828-5933, or email ProcurementSupport@fortlauderdale.gov , for more information. 2.50 Public Records All bids will become the property of the City. The Bidder’s response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall permit public access to all documents, papers, letters, or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder’s response to the ITB purporting to require confidentiality of any portion of the Bidder’s response to the ITB, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder’s response to the ITB constitutes a Trade Secret. The city’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK’S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service. 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 (2022), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. CAM #25-0940 Exhibit 1 Page 18 of 27 451 Version 03-06-25 4. 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 this 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 this 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. 2.51 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal, and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding, and destruction of protected information. • PCI Attestation of Compliance (AoC): o Contractor must provide a current PCI Attestation of Compliance (AoC) signed by a PCI Qualified Security Assessor (QSA) at the time of proposal submission. o The AoC must be dated no older than one year. If the AoC exceeds this timeframe, a bridge letter signed by a QSA must be provided. o Failure to submit a valid AoC and, if applicable, a bridge letter, shall result in the bid being deemed non-responsive. o The City is the sole judge in determining the acceptability of the AoC and any accompanying documentation. • Ongoing PCI Compliance: o Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards. o Contractors must provide updated PCI compliance documentation, including a new AoC, upon request by the City of Fort Lauderdale. Failure to maintain PCI compliance or to provide requested documentation may result in termination of the contract. END OF SECTION CAM #25-0940 Exhibit 1 Page 19 of 27 452 Version 03-06-25 SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA 300-24 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -U -1,2 • Molecular weight 7 4.5 • Appearance: Light-yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA 300-24 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with cur rent regulations on disposal of hazardous wastes. The Contractor shall submit CAM #25-0940 Exhibit 1 Page 20 of 27 453 Version 03-06-25 a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. Please note: Other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. 6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR __5,865,000 Two -year Co-op estimated usage: 11,730,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR : 208,500 Two -year Co-Op estimated usage : 417,000 gallons. Agency/ Delivery Location Number of Tanks Tank Size (Gal) Estimated Annual Usage Gallons Special Note City of Fort Lauderdale 1500 South State Road 7 Fort Lauderdale, FL 33317 3 11,600 170,000 City of Hollywood 3441 Hollywood Blvd Hollywood FL, 33021 Contact: Jorge Marin Phone: 954-967-4230 7 2 10,000 500 800,000 2000 (LTFL) 2” Cam lock Fitting Female offload hose City of Pembroke Pines (3 locations) 7960 Johnson St 21800 N 7 Manor (Us27 and Pines) 13955 Pembroke Rd Pembroke Pines FL 33027 Contact: Kevin Stone/ Victor Loen Phone: 754-260-4513 Phone 754-260-4477 8 2- 11,500 2-2000 1-1150 1-8200 1-900 1-600 300,000 35000 (LTFL) 2" male, Cam- lock tank fitting CAM #25-0940 Exhibit 1 Page 21 of 27 454 Version 03-06-25 City of Dania Beach 1201 Stirling Road Dania Beach, FL 33004 Contact: Nate Costa Phone: 954-924-3747 3 1,500 60,000 (LTFL) Plastic cam lock tank fitting Coral Springs Improvement District 10300 NW 11th Manor Coral Springs, FL 33071 Contact: Christian McShea Phone: 954-773-6419 3 5,925 165,000 2" cam lock female tank fitting. Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services 3701 North State Road 7 Lauderdale Lakes, FL 33316 Contact: Michael Belight Phone: 954-831-0940 4 7,300 400,000 2" (poly) cam lock tank fitting 3598 West Prospect Road Fort Lauderdale, FL 33309 Contact: Michael Belight Phone: 954-831-0940 2 450 12,000 (LTFL) Partial loads to stations 3901 NW 66th Street Fort Lauderdale, FL Contact: Michael Belight Phone: 954-831-0940 2 250 300 NW 66th Street Fort Lauderdale, FL 33309 Contact: Michael Belight Phone: 954-831-0940 2 1300 1390 NE 50th Street Pompano Beach, FL 33064 Contact: Xavier Allen Phone: 954-831-4109 6 14,000 800,000 4980 SW 40th Avenue Dania Beach, FL 33312 Contact: Daniel Riera Phone: 954-831-4117 2 4 1000 3500 60,000(LTFL) These will be partial loads to stations 3B, I3B9, I3B8 and 3C 4550 SW 38th Street West Park, FL 33023 Contact: Daniel Riera Phone: 954-831-4117 1 350 1600 South Park Road Hollywood, FL 33021 Contact: Daniel Riera Phone: 954-831-4117 2 400 CAM #25-0940 Exhibit 1 Page 22 of 27 455 Version 03-06-25 1751 SW 57th Avenue Hollywood, FL 33023 Contact: Daniel Riera Phone: 954-831-4117 2 400 2400 SW 67th Avenue Miramar, FL 33023 Contact: Daniel Riera Phone: 954-831-4117 2 1,100 2401 North Powerline Road Pompano Beach, FL 33069 Contact: Romaine Rose Phone: 954-831-3078 4 4 6500 12,700 1,000,000 City of Boynton Beach 5469 W Boynton Beach Blvd Boynton Beach, FL 33437 Contact: Ford Babcock Phone:561-742-6955 2 20,000 520,000 3" cam lock male tank fitting 1620 South Seacrest Blvd Boynton Beach, FL 33435 Contact: Bill Newsome Phone: 561-742-6953 1 20,000 3" cam lock male tank fitting City of Margate 980 NW 66th Avenue Margate, FL 33063 Contact: Peter O’Laughlin Phone: 954-972-0828 2 6600 24,000 2" Bonjo female tank fitting 6630 NW 9th Street Margate, FL 33063 2 1 8,100 3,000 30,000 2" PVC Cam lock male tank fitting Town of Davie 7351 Sw 30th st Davie, FL 33314 1 15,000 260,000 2” male cam lock fitting 3500 Nw 76 ave Hollywood, FL 33324 2 7,800 Total above 2” male cam lock fitting City of Sunrise Utilities Sawgrass Utility Co mplex 1450 NW 8th Street Sunrise, FL 33325 4 2 1 1 12,500 3,200 10,000 600 366,000 Springtree Utility Complex 4350 Springtree Drive Sunrise, FL 3 3351 4 2 1 15,000 8,100 3,000 302,000 CAM #25-0940 Exhibit 1 Page 23 of 27 456 Version 03-06-25 Southwest WTP 15400 Watermill Road Davie, FL 33331 2 2,500 33,000 (LTFL) Southwest WWTP 15400 Slydgemill Road Davie, FL 33331 2 2,000 18,000 (LTFL) City of Margate 6630 Nw 9th st Margate Fl 33063 3 8100 8100 3000 30,000 City of Miramar 13900 Pembroke rd Miramar, FL 33027 5 3500 340,000 City of Delray Beach 200 SW 6th St Delray Beach, FL 33444 Contact: Amirbahador Zandi Tel: 561-243-7330 2 10,000 358,000 20,000 (LTFL) END OF SECTION CAM #25-0940 Exhibit 1 Page 24 of 27 457 Executive Summary ReportOfEvent: 519-2 - Sodium Hypochlorite (Co-Op)Buyer:STEFAN MOHAMMEDDate Range:08/13/2025 02:00:00 PM - 09/05/202502:00:00 PMSuppliers Notified:71Notified SuppliersResponding:2All SuppliersResponding:2Suppliers RespondingSupplierContactPhoneNumber E MailCityState OrProvince Total Bid Amount Total AwardedResponseAttachment ExistsAllied UniversalCorporationCristhianne Munguia 3058882623 Bids@Allieduniversal.comMiamiFL564,401.760.00 YesOdyssey ManufacturingCompanyPatrick Allman 813-635-0339pallman@odysseymanufacturing.comTampaFL618,801.980.00 YesEvent Lines And ResponsesItemDescriptionUnit of MeasureQuantity519-1-SODIUM HYPOCHLORITE FULL-Sodium hypochlorite- Tanker LoadGA340,000.0000Responses SupplierBid Quantity Unit of MeasureUnit PriceAward Amount Allied Universal Corporation340,000.0000 GA1.6600.00 Odyssey Manufacturing Company340,000.0000 GA1.8200.00ItemDescriptionUnit of MeasureQuantity519-2-SODIUM HYPO LESS THAN FULL-Sodium hypochlorite- Less than tanker loadGA1.0000Page 1 of 3 | September 9, 2025CAM #25-0940 Exhibit 1 Page 25 of 27458 Responses SupplierBid Quantity Unit of MeasureUnit PriceAward Amount Allied Universal Corporation1.0000 GA1.7600.00 Odyssey Manufacturing Company1.0000 GA1.9800.00Header Questions And ResponsesQUESTIONDid you complete all the required forms?Question Responses Supplier NameAnswerSend To CM 80Allied Universal CorporationYes-Yes, all requuired forms have been completed.Yes 1892Odyssey Manufacturing CompanyYes-yesYesContactsNameEmailMARIE FLYNNmflynn@fortlauderdale.govSTEFAN MOHAMMEDsmohammed@fortlauderdale.govQ And ASupplierQuestionAnswerAllied Universal CorporationGood afternoon,Please confirm that only the government entities listedYes, only members of the Southeast Florida NiGP canpartake in this bid. continued...Page 2 of 3 | September 9, 2025CAM #25-0940 Exhibit 1 Page 26 of 27459 SupplierQuestionAnsweron the bid may be part of this bid.Thank you. continued...Page 3 of 3 | September 9, 2025CAM #25-0940 Exhibit 1 Page 27 of 27460 Tabulation Of Bids Event # :519 Version:2 Name:Sodium Hypochlorite (Co-Op) Description:The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group. This is an initial two (2) year contract with two, one (1) year renewal terms. Open Date:08/13/2025 02:00:00 PM Close Date:09/05/2025 02:00:00 PM Event Currency:USD Supplier Bid Amount Allied Universal Corporation 564,401.76 3901 NW 115 Avenue Miami, FL 33178 Odyssey Manufacturing Company 618,801.98 1484 Massaro Blvd. Tampa, FL 33619 Items Item: 519-1-SODIUM HYPOCHLORITE FULL Description:Sodium hypochlorite- Tanker Load Long Item Description: City of Fort Lauderdale anticipated usage: 340,000 gallons over 2 years. Based on past usage, the co-op anticipates usage of 11,730,000 gallons for the two year contract. However past usage is not indicative of future usage. September 9, 2025 Page 1 CAM #25-0940 Exhibit 2 Page 1 of 2 461 Unit of Measure: GA Quantity:340,000.0000 Quantity Unit Price Extended Amount Allied Universal Corporation 340,000.0000 1.660 564,400.00 Odyssey Manufacturing Company 340,000.0000 1.820 618,800.00 Item: 519-2-SODIUM HYPO LESS THAN FULL Description:Sodium hypochlorite- Less than tanker load Long Item Description: Based on past usage, the Co-op anticipates usage of 417,000 gallons for a two year term, however past usage is not indicative of future usage. Unit of Measure: GA Quantity:1.0000 Quantity Unit Price Extended Amount Allied Universal Corporation 1.0000 1.760 1.76 Odyssey Manufacturing Company 1.0000 1.980 1.98 Tabulation Of Bids For Event # 519: Sodium Hypochlorite (Co-Op) September 9, 2025 Page 2 CAM #25-0940 Exhibit 2 Page 2 of 2 462 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-320- Award Invitation to Bid No. 25-093B for the I-95 & Boynton Beach Boulevard Interchange Utility Relocation Project to Johnson-Davis, Inc., and approve an Agreement between the City and Johnson-Davis, Inc. in the amount of $2,140,275 with an additional 10% contingency in the amount of $214,027.50 for staff- authorized change orders to address unforeseen conditions, bringing the total not-to- exceed contract and purchase order amount to $2,354,302.50. Requested Action: Staff recommends approval of Proposed Resolution No. R25-320. Explanation of Request: The Florida Department of Transportation (FDOT) has already begun construction on Project No. 435804-1-52-01, which focuses on improvements to the I-95 and Boynton Beach Boulevard interchange. To accommodate FDOT's design within the interchange right-of-way, the City is required to relocate or adjust its utilities at several locations where conflicts have been identified. The original Utility Work Agreement (UWA) for the SR-9/I-95 at SR-804 (Boynton Beach Boulevard) Interchange Project (FDOT Project FPID 435804-1-56-03) was executed by the Florida Department of Transportation and the City on November 19, 2024, following approval via City Commission Item R24-284. A Supplemental Utility Work Agreement is now scheduled for consideration at the December 2, 2025, City Commission meeting under proposed Resolution No. R25-292. On October 1, 2025, the Procurement Services Division, in coordination with the Utilities Department, issued Invitation to Bid (ITB) No. 25-039B for this project. A non-mandatory pre- bid conference was held on October 9, 2025. The solicitation closed on November 4, 2025, with four (4) bid submissions received. Following a comprehensive evaluation, and based on the recommendation of both the Engineer of Record and the Utilities Department, Johnson-Davis, Inc. was identified as the lowest responsive and responsible bidder. Accordingly, City staff recommend awarding the contract to Johnson-Davis, Inc. in the amount of $2,140,275, with an additional 10% contingency of $214,027.50 to address potential unforeseen conditions, for a total not-to- 463 exceed amount of $2,354,302.50. How will this affect city programs or services? The necessary relocation and adjustment of several critical City-owned water mains, gravity sewer mains, and sanitary force mains, among other infrastructure, combined with planned intermittent shutdowns of municipal lift stations, will directly impact the continuity of several essential City of Boynton Beach programs and services. These complex utility interruptions pose an unavoidable risk of service disruptions for our residents. The Utilities Department will schedule an immediate and comprehensive coordination meeting to thoroughly review the construction phasing, identify specific mitigation strategies for the lift station shutdowns, and establish a clear communication protocol to minimize the overall operational impact. Budgeted Item: Yes Account Line Item and Description: Project UC2501 - Account 403.5000.533.65.02 - Water R&R - $2,750,000 Project UC2501 - Account 403.5000.535.65.04 - Sewer R&R - $2,750,000 Fiscal Impact: The City anticipates a positive fiscal impact from this project because the Florida Department of Transportation (FDOT) is responsible for providing the necessary reimbursement. Attachments: R25-320 Agenda_Item_4011-2025_Resolution_for_ITB_No._25-093B.docx Exhibit A to Resolution - 25-093B - Vendor Executed Agreement.pdf Johnson-DavisInc.-25-093B _ Bid Proposal 25-093B Notice of Intent to Award.pdf 25-093B I-95 & Boynton Beach Blvd. Project - Rev 10.24.pdf Bid Tabulation - Itemized.pdf Compliance - BidAnalysis_25-093B.pdf CDMSmith_RecommendationLetter.pdf Signed User Concurrence Memo.pdf Certificate of Liability Insurance.pdf 464 RESOLUTION NO. R25-320 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-093B FOR 2 THE I-95 AND BOYNTON BEACH BOULEVARD INTERCHANGE UTILITY 3 RELOCATION PROJECT TO JOHNSON-DAVIS, INC., AND APPROVING 4 AN AGREEMENT BETWEEN THE CITY AND JOHNSON-DAVIS, INC., IN 5 THE AMOUNT OF $2,140,275, WITH AN ADDITIONAL 10% 6 CONTINGENCY IN THE AMOUNT OF $214,027.50 FOR UNFORESEEN 7 FIELD CONDITIONS, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF 8 $2,354,302.50; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the Florida Department of Transportation (“FDOT”) has begun construction on 11 Project No. 435804-1-52-01, focusing on improvements to the I-95 and Boynton Beach Boulevard 12 interchange; and 13 WHEREAS, in order to accommodate FDOT’s design within the interchange right-of-way, 14 the City is required to relocate or adjust its utilities at several locations where conflicts have been 15 identified; and 16 WHEREAS, the original Utility Work Agreement (“UWA”) for the SR-9/I-95 at SR-804 17 (Boynton Beach Boulevard) Interchange Project (FDOT Project FPID 435804-1-56-03) was 18 executed by FDOT and the City on November 19, 2024, and approved by Resolution No. R24-284, 19 with a Supplemental Utility Work Agreement now scheduled for consideration by the City 20 Commission under proposed Resolution No. R25-292; and 21 WHEREAS, on October 1, 2025, the Procurement Division issued Invitation to Bid (“ITB”) 22 No. 25-039B for the I-95 and Boynton Beach Boulevard Interchange Utility Relocation Project (the 23 “Project”); and 24 WHEREAS, Johnson-Davis, LLC (“Contractor”) responded to the ITB by submitting its Bid 25 (the “Bid”); and 26 WHEREAS, the City has selected the Contractor to perform construction services related 27 to the Project, which includes the necessary relocation and adjustment of several critical City-28 owned water mains, gravity sewer mains, and sanitary force mains, combined with planned 29 intermittent shutdowns of municipal lift stations; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City’s citizens and residents to award ITB No. 25-039B for the Project to the 32 465 RESOLUTION NO. R25-320 Contractor, and approve an Agreement between the City and Contractor in the amount of 33 $2,140,275, plus a 10% contingency $214,027.50 for unforeseen field conditions, for a total not-34 to-exceed amount of $2,354,302.50. 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 award ITB No. 25-039B for the I-95 and Boynton Beach Boulevard Interchange Utility Relocation 41 Project to Johnson-Davis, Inc. 42 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve an Agreement between the City and Johnson-Davis, Inc. for ITB No. 25-039B for the I-95 44 and Boynton Beach Boulevard Interchange Utility Relocation Project in the amount of $2,140,275, 45 plus a 10% contingency $214,027.50 for unforeseen field conditions, for a total not-to-exceed 46 amount of $2,354,302.50 (the “Agreement”), in form and substance similar to that attached as 47 Exhibit A. 48 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 49 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 50 ancillary documents required under the Agreement or necessary to accomplish the purposes of 51 the Agreement, including any term extensions as provided in the Agreement, provided such 52 documents do not modify the financial terms or material terms. 53 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 54 of the City. A copy of the fully executed Agreement shall be provided to Rhonda Kaplan to forward 55 to the Contractor. 56 SECTION 6. This Resolution shall take effect in accordance with the law. 57 58 [SIGNATURES ON THE FOLLOWING PAGE] 59 60 466 RESOLUTION NO. R25-320 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor – Rebecca Shelton _____ _____ 64 65 Vice Mayor – Woodrow L. Hay _____ _____ 66 67 Commissioner – Angela Cruz _____ _____ 68 69 Commissioner – Thomas Turkin _____ _____ 70 71 Commissioner – Aimee Kelley _____ _____ 72 73 VOTE ______ 74 ATTEST: 75 76 _____________________________ ______________________________ 77 Maylee De Jesús, MPA, MMC Rebecca Shelton 78 City Clerk Mayor 79 80 APPROVED AS TO FORM: 81 (Corporate Seal) 82 83 _______________________________ 84 Shawna G. Lamb 85 City Attorney 86 467 468 469 470 471 472 473 474 475 476 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 10 Article 11. NOTICE. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy: 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 If sent to the Contractor, it shall be mailed to: Chad Rawlinson, Project Manager Johnson-Davis, Inc. 604 Hillbrath Drive Lantana, Florida 33462 Telephone No. (561) 275-7953 Cellphone No. (561) 356-2649 Email: crawlinson@johnsondavis.com Article 12. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents (“Indemnified Parties”), from and against any and all claims, obligations, liability, expenses, losses, and causes of action, including attorneys’ fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii) arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor’s indemnification shall be limited to one and one-half (1 1/2) times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties’ own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Fla. Stat., nor a waiver of any defense the City may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Agreement. Contractor and City agree that any liability of the City under this 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 25-093B - I-95 & Boynton Beach Blvd. Interchange Utility Relocation Opening Date: October 1, 2025 2:30 PM Closing Date: November 4, 2025 3:00 PM Vendor Details Company Name:Johnson-Davis, Inc. Does your company conduct business under any other name? If yes, please state: No Address: 604 HIllbrath Dr. Lantana, Florida 33462 Contact:Clark Cryer Email:ccryer@johnsondavis.com Phone:561-718-4531 HST#:59-1753888 Submission Details Created On:Thursday October 30, 2025 11:17:12 Submitted On:Tuesday November 04, 2025 13:14:04 Submitted By:Clark Cryer Email:ccryer@johnsondavis.com Transaction #:48908162-eb06-4d1d-91cb-f0b73398e1cf Submitter's IP Address:147.243.243.181 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.497 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. INDEMNIFICATION Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form”. Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No.SC0125 Section Description Quantity Unit Unit Price Total 6 1.11F Indemnification 1 Lump Sum $25.0000 $ 25.00 Subtotal:$ 25.00 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.498 GENERAL CONDITIONS Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item SC0125 Section Description Quantity Unit Unit Price *Total 1 1.11B Mobilization/Demobilization, Bonds, Insurance, and General Requirements, including utility locates and coordination 1 LS $85,000.0000 $ 85,000.00 2 1.11C Interim Demobilization/Remobilization 8 EA $10,000.0000 $ 80,000.00 3 1.11D Maintenance of Traffic 1 LS $42,000.0000 $ 42,000.00 4 1.11E As-built Record Drawings 1 LS $16,500.0000 $ 16,500.00 5 1.11F Professional Pre- and Post- Construction Photographs / Video of Construction Site 1 LS $6,500.0000 $ 6,500.00 Subtotal:$ 230,000.00 GENERAL ITEMS FOR WATER AND SEWER SYSTEMS Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. **Ancillary work required to install the proposed improvements that is not explicitly called out with a pay item shall be considered incidental to the cost of the improvements and included in the bid price including, but not limited to, materials testing, dewatering, flow diversion, demucking, shoring, tree removal, etc. Line Item SC0125 Section Description Quantity Unit Unit Price *Total 7 1.11H Support & Protect Existing Water Main & Force Main Pipeline 340 LF $50.0000 $ 17,000.00 8 1.11I Remove Curb 280 LF $20.0000 $ 5,600.00 9 1.11I Remove Sidewalk 360 SY $25.0000 $ 9,000.00 10 1.11I Remove Asphalt Pavement 1130 SY $15.0000 $ 16,950.00 11 1.11J Remove and Replace Asphalt Pavement 1260 SY $170.0000 $ 214,200.00 Subtotal:$ 262,750.00 WATER SYSTEMS Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. *Material for water main pipes in Item Nos. 30 to 33 may be bid as either C-900 PVC SDR18 or Ductile Iron Pipe (DIP) Restrained Class 53. **Ancillary work required to install the proposed improvements that is not explicitly called out with a pay item shall be considered incidental to the cost of the improvements and included in the bid price including, but not limited to, materials testing, dewatering, flow diversion, demucking, shoring, tree removal, etc. Line Item SC0125 Section Description Quantity Unit Unit Price *Total 12 1.11K Furnish and Install 6" Line Stop on Existing Water Main 1 EA $10,000.0000 $ 10,000.00 13 1.11K Furnish and Install 8" Line Stop on Existing Water Main 1 EA $13,500.0000 $ 13,500.00 14 1.11K Furnish and Install 10" Line Stop on Existing Water Main 3 EA $14,500.0000 $ 43,500.00 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.499 15 1.11K Furnish and Install 12" Line Stop on Existing Water Main 1 EA $17,500.0000 $ 17,500.00 16 1.11K Furnish and Install 16" Line Stop on Existing Water Main 2 EA $26,000.0000 $ 52,000.00 17 1.11L Remove Existing 16” Water Main 100 LF $35.0000 $ 3,500.00 18 1.11L Remove Existing 8” Water Main 50 LF $20.0000 $ 1,000.00 19 1.11L Remove Existing 6” Water Main 50 LF $15.0000 $ 750.00 20 1.11L Remove Existing 2” Water Main 100 LF $10.0000 $ 1,000.00 21 1.11L Remove Existing 12” Steel Casing 40 LF $75.0000 $ 3,000.00 22 1.11L Remove Existing 16” Steel Casing 20 LF $75.0000 $ 1,500.00 23 1.11M Abandon in Place and Grout Fill Existing Water Main, 6" and 8" 20 CY $1,000.0000 $ 20,000.00 24 1.11N Abandon in Place Existing Water Main 8" Valve 1 EA $1,000.0000 $ 1,000.00 25 1.11O Furnish and Install 2” Water Main PE Pipe 100 LF $300.0000 $ 30,000.00 26 1.11O Furnish and Install 3” Water Main PE Pipe 20 LF $500.0000 $ 10,000.00 27 1.11O Furnish and Install 6” Water Main DIP 30 LF $1,400.0000 $ 42,000.00 28 1.11O Furnish and Install 10” Water Main DIP 40 LF $1,150.0000 $ 46,000.00 29 1.11O Furnish and Install 12” Water Main DIP 40 LF $500.0000 $ 20,000.00 30 1.11O Furnish and Install 6” Water Main (C- 900 PVC SDR18 or DIP Restrained Class 53) Pipe 110 LF $950.0000 $ 104,500.00 31 1.11O Furnish and Install 8” Water Main (C- 900 PVC SDR18 or DIP Restrained Class 53) Pipe, Greater than 10’ Deep 40 LF $1,500.0000 $ 60,000.00 32 1.11O Furnish and Install 10” Water Main (C-900 PVC SDR18 or DIP Restrained Class 53) Pipe 60 LF $800.0000 $ 48,000.00 33 1.11O Furnish and Install 16” Water Main (C-900 PVC SDR18 or DIP Restrained Class 53) Pipe 180 LF $900.0000 $ 162,000.00 34 1.11P Furnish and Install Gate Vale, MJ, Double Disk, Non-Rising Stem, 6” 3 EA $5,000.0000 $ 15,000.00 35 1.11P Furnish and Install Gate Valve, MJ, Double Disk, Non-Rising Stem, 10" 1 EA $7,000.0000 $ 7,000.00 36 1.11P Furnish and Install 16" Butterfly Valve on Water Main 3 EA $11,500.0000 $ 34,500.00 37 1.11P Furnish and Install 8" Insertion Valve on Water Main 3 EA $13,500.0000 $ 40,500.00 38 1.11Q Adjust Valve/Meter Box Installed To FDOT Proposed Elevation 21 EA $1,000.0000 $ 21,000.00 39 1.11R Relocate Existing Fire Hydrant 1 EA $3,500.0000 $ 3,500.00 40 1.11S Furnish and Install Fire Hydrant with Gate Valve 1 EA $12,500.0000 $ 12,500.00 41 1.11T Cut & Cap Existing 6" Water Main 1 EA $1,500.0000 $ 1,500.00 Subtotal:$ 826,250.00 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.500 SEWER SYSTEMS Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. **Ancillary work required to install the proposed improvements that is not explicitly called out with a pay item shall be considered incidental to the cost of the improvements and included in the bid price including, but not limited to, materials testing, dewatering, flow diversion, demucking, shoring, tree removal, etc. Line Item SC0125 Section Description Quantity Unit Unit Price *Total 42 1.11U Furnish and Install 8” Line Stop on Existing Force Main 1 EA $33,000.0000 $ 33,000.00 43 1.11U Furnish and Install 12” Line Stop on Existing Force Main 2 EA $48,000.0000 $ 96,000.00 44 1.11U Furnish and Install 16” Line Stop on Existing Force Main 1 EA $83,000.0000 $ 83,000.00 45 1.11U Furnish and Install 20” Line Stop on Existing Force Main 1 EA $88,000.0000 $ 88,000.00 46 1.11V Remove Existing 12” Force Main 30 LF $75.0000 $ 2,250.00 47 1.11V Remove Existing 16” Force Main 220 LF $80.0000 $ 17,600.00 48 1.11V Remove Existing 16” Force Main, Greater than 10’ Deep 70 LF $85.0000 $ 5,950.00 49 1.11V Remove Existing 8” Force Main 70 LF $60.0000 $ 4,200.00 50 1.11W Furnish and Install 8" Stainless Steel DI Restrained Pipe 20 LF $750.0000 $ 15,000.00 51 1.11W Furnish and Install 8" Force Main Sewer C-900 PVC SDR18 Pipe 90 LF $850.0000 $ 76,500.00 52 1.11W Furnish and Install 12" Force Main Sewer C-900 PVC SDR18 Pipe 30 LF $1,300.0000 $ 39,000.00 53 1.11W Furnish and Install 16" Force Main Sewer C-900 PVC SDR18 Pipe 250 LF $775.0000 $ 193,750.00 54 1.11W Furnish and Install 16" Force Main Sewer C-900 PVC SDR18 Pipe, Greater than 10’ Deep 80 LF $1,350.0000 $ 108,000.00 55 1.11X Furnish and Install 12" Gate Valve on Force Main 1 EA $9,500.0000 $ 9,500.00 56 1.11X Furnish and Install 8" Gate Valve on Force Main 1 EA $6,500.0000 $ 6,500.00 57 1.11Y Raise Existing Manhole to FDOT Proposed Elevation 4 EA $1,500.0000 $ 6,000.00 58 1.11Z Adjust Valve Installed to FDOT Proposed Elevation 2 EA $1,000.0000 $ 2,000.00 59 1.11AA Furnish and Install Air Release Valve and Manhole 1 EA $35,000.0000 $ 35,000.00 Subtotal:$ 821,250.00 Summary Table Bid Form Amount INDEMNIFICATION $ 25.00 GENERAL CONDITIONS $ 230,000.00 GENERAL ITEMS FOR WATER AND SEWER SYSTEMS $ 262,750.00 WATER SYSTEMS $ 826,250.00 SEWER SYSTEMS $ 821,250.00 Subtotal Contract Amount:$ 2,140,275.00 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.501 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 Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. LINE ITEM NO. 10 - Dropdown option only available for this line item. Line Item Description Response *Options 1 Company Name Johnson- Davis Incorporated 2 Address 604 Hillbrath Dr. 3 Telephone (561) 588-1170 4 City Lantana 5 State FL 6 Zip Code 33462 7 Contractor's License Number CUC1225299 and CGC1537148 8 Federal Tax ID Number 59-1753888 9 Email address for above signer ccryer@johnsondavis.com 10 Indicate which type of organization from the list in the Options Column Corporation Corporation VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal 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 that are 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 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: 25-093B Vendor Name: Johnson-Davis, Inc.502 BIDDER'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 47 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. N/A 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. N/A 5 Are you licensed? If Yes, attach copy of license to submission package. Yes 6 Has your company ever declared bankruptcy? If Yes, explain. No SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, 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 CONTRACTOR of the CITY’s determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate 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 E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. 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. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor 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. Contractor shall be responsible for compliance by any subcontractor 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 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.503 FIRM'S PRIMARY OWNERSHIP Line Item Description Response * 1 Does your firm employ more than 50 persons (including full-time and part-time employees) Yes 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your firm for the past three years greater than $9 million? Yes 4 Which of the following best describes the gender of your firm's primary owner (at least 51% ownership) Male 5 Which of the following best describes the ethnicity of your firm's primary owner (at least 51%) Caucasian 6 Please select the current certification your firm holds: (Note: Proof of Certification must be included in Document Upload Section) None 7 Indicate the agency or agencies that have granted the certification to your firm.None PALM BEACH COUNTY INSPECTOR GENERAL The Bidder 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Item Description Response * 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Above and Will Abide by Everything in this Section. Yes REFERENCES Minimum Experience Requirement: The Bidder must have a minimum of three (3) years of verifiable experience and must have successfully completed at least three (3) municipal projects of similar size, nature, and scope. The City reserves the right to request documentation or references to confirm compliance with this requirement. 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. Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address * 1 Palm Beach County Water Utility District 8100 Forest Hill Blvd. WPB, FL 33413 Henry Melendez 561-493-6120 hmelendez@pbcwater.com 2 Seacoast Utility Authority 4200 Hood Road, PBG, FL 33410 Scott Serra 561-627-2900 Ext. 1398 ssera@sua.com 3 City of West Palm Beach 401 Clematis St., WPB, FL 33401 Laura Le 561-289-8414 lle@wpb.org 4 N/A N/A N/A N/A N/A 5 N/A N/A N/A N/A N/A Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.504 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder / Proposer shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders / Proposers 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. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Work to be Performed *% Total Contract *Contractor License No. *Subcontractor Name / Address *Subcontractor Phone/Email * 1 Insertion Valves and Line Stops 6.73%CUC057091 Rangeline Group, 7256 Westpoint Place Ste. A, FL 33413 561-301-6577 maxx@rangeline.com 2 N/A N/A N/A N/A N/A 3 N/A N/A N/A N/A N/A 4 N/A N/A N/A N/A N/A 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. Non Collusive Affidavit & Acknowledgement - Non Collusive J-D.pdf - Tuesday November 04, 2025 13:03:19 Scrutinized Companies and E-Verify Affidavits - Scrutinized Companies & E-Verify J-D.pdf - Tuesday November 04, 2025 13:03:28 Bid Bond and Bid Bond Acknowledgement - Bid Bond & Bid Bond Acknowledgement J-D.pdf - Tuesday November 04, 2025 13:03:44 Foreign Entity Ownership Affidavit & Anti Human Trafficking Affidavit - Foreign Entity & Anti Human J-D.pdf - Tuesday November 04, 2025 13:04:01 Litigation and Legal History Disclosure Requirement & Litigation History Form - Litigation & Litigation History Form J-D.pdf - Tuesday November 04, 2025 13:04:11 Proof of State Certified or County Competency Licenses - 2024-2026 Licensing .pdf - Tuesday November 04, 2025 11:55:52 Florida State Business Registration - Florida State Business Registration J-D.pdf - Tuesday November 04, 2025 13:08:28 Certificate of Insurance & IRS Form W-9 - Certificate of Insurance & W-9 J-D.pdf - Tuesday November 04, 2025 13:07:01 Anti Kickback Affidavit - Anti Kickback J-D.pdf - Tuesday November 04, 2025 13:07:12 Trench Safety Act Affidavit - Trench Safety Act J-D.pdf - Tuesday November 04, 2025 13:07:27 Additional Document - Additional Documents J-D.pdf - Tuesday November 04, 2025 13:11:25 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.505 Addenda, Terms and Conditions 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. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders 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 Bidder shall not be a cause for relief from responsibility. 3.2 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. 3.3 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. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 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. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer 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 Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors 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. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid 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. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). 3.9 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. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.506 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, 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. 3.10.3 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. 3.10.4 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. 3.10.5 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. 3.10.6 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. 3.10.7 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. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, 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 Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the 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. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder 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. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a 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 Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission 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 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: 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. 3.16 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. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.507 The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder’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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 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 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. 3.18.5 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. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder 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- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 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. 3.21 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. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. 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 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, 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 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 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 Agreement, Contractor 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 Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor’s possession. All records stored electronically by the 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 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. The City shall have the right to exercise all remedies available to it for breach of Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.508 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 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 3.23 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. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - William Cryer, Vice President , Johnson- Davis Incorporated 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 25-093B - Addendum No. 2 Tue October 28 2025 09:26 AM 14 25-093B - Addendum No. 1 Fri October 24 2025 01:58 PM 17 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.509 Bid Number: 25-093B Vendor Name: Johnson-Davis, Inc.510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov October 22,2024 JOHNSON-DAVIS INC. 604 HILLBRATH DRIVE LANTANA, FLORIDA 33462 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: DRAINAGE, GRADING, MINOR BRIDGES, UNDERGROUND UTILITIES, SANITARY SEWER, WATER MAIN, FORCE MAIN, DRIVING STEEL SHEET PILE, RIP RAP, RUBBLE RIP RAP, UTILITY WORK (WATER & SEWER) Unless notified otherwise, this Certificate of Qualification will expire 12/30/2025. In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant’s audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwp1.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, James E. Taylor II, Prequalification Supervisor Contracts Administration Office JTII 531 532 533 534 535 536 537 538 539 540 ID DESC VIN#ID DESC VIN# Category: 10 WELLPOINT PUMPS 10-0084 10" Wellpoint Pump 14270 10-0001 10 IN. WELLPOINT PUMP 7105 10-999 Rental Pump 10-0003 10 IN. WELLPOINT PUMP 7568 Category: 11 VACUUM PUMPS 10-0011 10 IN. WELLPOINT PUMP 7130 10-0100 M5 VAC PUMP 10-0013 WELLPOINT PUMP 6 IN.NONE 10-0164 M-3 VACUUM PUMP 10-0016 WELLPOINT PUMP 10 IN.8460 11-0005 M-2 VACCUM PUMP 00050 10-0019 WELLPOINT PUMP 10 IN.7505 11-0053 M-2 VACUUM PUMP 0053 10-0020 WELLPOINT PUMP 10 IN.8334 11-0100 M10 VACUUM PUMP 100 10-0026 HYDRAULIC PUMP 6 IN.5654 11-0101 VACUUM PUMP 101 10-0028 JET PUMP , 4 IN. DIESEL 6J66 11-0102 M10 VACUUM PUMP VP102 10-0030 DOUBLE DIAPHRAGM 4DDL335 11-0131 M5 VACUUM PUMP FOR 10-76 010131 10-0031 WELLPOINT PUMP 10 IN.JD946068 11-1016 M3 VACUUM PUMP 101689 10-0033 WELLPOINT PUMP 6 IN.6951033 11-1036 10 INCH VACUUM PUMP 1036 10-0035 WELLPOINT PUMP 8 IN.US97362X 11-1037 C10 VACUUM PUMP 1037 10-0036 HYDRAULIC PUMP 4 IN.H-25-D-349 11-1190 M2 VACUUM PUMP 1190 10-0038 WELLPOINT PUMP 8 IN.U640528Y 11-1240 M3 VACUUM PUMP 1240 10-0040 JET PUMP 4 IN.None 11-1357 M10 VACUUM PUMP 1357 10-0041 WELLPOINT PUMP 8 IN.H-40WPLR-D-139 11-1381 M10 VACUUM PUMP 1381 10-0043 TEST PUMP 11-1386 VACUUM PUMP 1386 10-0045 JET PUMP 4 IN.C.M.E.8291 11-1387 M10 VACUUM PUMP 1387 10-0046 WELLPOINT PUMP 8 IN.9037 11-1390 M2 VACUUM PUMP 1390 10-0048 6 IN. TRASH PUMP 9065 11-1711 M3 VACUUM PUMP 1711 10-0049 WELLPOINT PUMP 8 IN.9064 11-1923 M-3 VACUUM PUMP 1923 10-0050 HYDRAULIC PUMP 4 IN.2657 11-1924 M3 VACUUM PUMP 1924 10-0051 JETPUMP ON WHEELS 4 IN.4219 11-1941 M3 VACUUM PUMP 1941 10-0052 8 IN. WELLPOINT PUMP 9159 11-2341 M3 VACUUM PUMP 2341 10-0054 8 IN. WELLPOINT PUMP 9181 11-3044 M3 VACUUM PUMP 3044 10-0055 12 IN. HYDRAULIC PUMP D12SG068T1210 11-3049 VACUUM PUMP 3049 10-0056 8 IN. HYDRAULIC PUMP 325 11-3605 M-10 VACUUM PUM 3605 10-0058 10 IN. WELLPOINT PUMP 9293 11-3737 M2 VACUUM PUMP 3737 10-0059 10 IN. WELLPOINT PUMP 11-3750 M-2 VACUUM PUMP 3750 10-0060 4 IN. HYDRAULIC PUMP U797253C 11-4268 M3 VACUUM PUMP 4268 10-0061 4 IN. HYDRAULIC PUMP 708 11-4297 VACUUM PUMP 4297 10-0062 8 IN. WELLPOINT PUMP 9220 11-4371 M-3 VACUUM PUMP 4371 10-0063 8 IN. WELLPOINT PUMP 9239 11-4636 VACUUM PUMP 4636 10-0064 4 IN. HYDRAULIC PUMP 11-4840 M-3 VACUUM PUMP 4840 10-0065 WELLPOINT PUMP 6 IN.6PW-019 11-4841 M3 VACUUM PUMP 4841 10-0066 10 IN. HYDRAULIC PUMP 11-4923 M3 VACUUM PUMP 10-0067 4 IN. HYDRAULIC PUMP LD44369U146539 P 11-5445 M5 VACUUM PUMP 544515 10-0068 4" HYDRAULIC PUMP ON WHEELS F.P. 8-20 11-6917 C 10" VACUUM PUMP 6917 10-0069 4" HYDRAUIC PUMP ON WHEELS F.P. 8-19 11-9305 M-3 VACUUM PUMP 9305 10-0070 3" HYDRAULIC PUMP 10HPU-58 11-9487 10" VACUUM PUMP 9487 10-0071 2.5" x 4" JET PUMP ON WHEELS 9500 11-9494 M5 VACUUM PUMP 9494 10-0073 10 inch Roto Flo Wellpoint Pump 26109642 1.1 11-9602 M3 VACUUM PUMP 9603 10-0074 6" Trash Pump 12001 11-9607 M3 VACUUM PUMP 9607 10-0075 8 inch Roto Flo Wellpoint Pump 9010 11-9615 M10 VACUUM PUMP 9615 10-0077 6 INCH HYDRAULIC PUMP POWER UNIT 1318-C 11-9616 C-10 VACUUM PUMP 9616 10-0078 8" HYDRAULIC PUMP 142-C 11-9617 C-10 VACUUM PUMP 9617 10-0079 8" Wellpoint Pump 14237 11-9716 #10 VACUUM PUMP 9716 10-0080 8" Wellpoint Pump 14238 Category: 20 BACKHOES 10-0081 8" Wellpoint Pump 14239 20-0039 1997 DEWATERING TRENCHER D97022 10-0082 8" Wellpoint Pump Quiet Pack 14235 20-0040 LIEBHERR BACKHOE 417-4205 10-0083 10" Wellpoint Pump 14269 20-0044 LIEBHERR BACKHOE 651-8110 Major Equipment List All OWNED by Johnson-Davis, Inc. Johnson-Davis, Inc. s 604 Hillbrath Drive s Lantana, FL 33462 s Ph. (561)588-1170 Fx. (561)585-5252 page 1 of 2 541 ID DESC VIN#ID DESC VIN# 20-0050 LIEBHERR BACKHOE 924-13441 20-0056 KOMATSU BACKHOE 30099 20-0059 Caterpillar Crawler Excavator CAT0328DCGTN 0060320-0060 Caterpillar Crawler Excavator CAT0336DEW3K 0117420-0063 2012 JOHN DEERE RUBBER TIRE 1FF220DWHBD4 114820-0068 Komatsu PC390LC-10 Excavator A30203 20-0069 Komatsu PC240LC-11 EXCAVATOR 95106 20-0070 Komatsu PC390LC-11 Excavator 30425 20-0071 Komatsu PC390LC-11 Excavator A74180 20-0072 Komatsu PC138USLC-11 50542 20-0073 KOMATSU PC290LC-11 EXCAVATOR A27538 20-0074 Komatsu PC138USLC-11 Excavator 50845 20-0075 Liebherr A900C 66375 20-0077 Cat 323 Excavator RAZ00754 20-0078 Cat 325FLCR Excavator NDJ20187 20-0079 Komatsu PC-238 Excavator 05489 20-0080 Komatsu PC-138 Excavator 52349 20-0081 Cat 307E2 Mini-Excavator 307-KC901075 20-0082 John-Deere 350G Excavator 1FF350GXLHF81 228320-999 Rental Backhoe WR-BH01 Volvo Backhoe (Wakefield Road Boring) Category: 25 COMBINATIONS 25-0051 CAT COMBO BACKHOE BLN11885 25-0052 CAT COMBO BACKHOE BML05166 25-0067 2013 CAT COMBINATION BACKHOES 420 F CAT0420FHJWJ0 1695Category: 30 LOADERS 30-0032 LIEBER LOADER 443-11966 30-0033 VOLVO LOADER L70E L70EV60803 30-0038 2009 KOMATSU LOADER 65858 30-0039 2009 KOMATSU LOADER 65939 30-0040 950H CATTERPILLAR LOADER CAT0950HVK5K0 28730-0042 WA320-6 KOMATSU LOADER A35279 30-0043 WA-380-7 KOMATSU LOADER A64171 30-0044 WA200PZ-6 KOMATSU RUBBER TIRE LOAD KMTWA105C010 7167830-0045 WA-320-7 KOMATSU LOADER 80194 30-0046 938K CATERPILLAR LOADER SWL01382 30-0047 WA200-7 KOMATSU LOADER 80392 30-0048 WA380-8 KOMATSU LOADER A74013 30-0049 Komatsu WA-380-8 Wheel Loader A74180 30-0050 Cat 906M Wheel Loader CAT906MCH6600 76430-0051 Komatsu WA320-8 85209 30-0052 Komatsu WA270-8 Wheel Loader A28201 30-0053 Cat 930M Wheel Loader KTG03806 30-0054 Cat 930M Wheel Loader KTG04062 30-0055 John-Deere 524L Wheel Loader 1DW524LKLZLKF 69634330-0056 John-Deere 544L 1DW544LZCKF6 9463230-999 Rental Loader Category: 35 SPECIALIZED EQUIPMENT 35-0001 CRAWLER DOZER T065HX898018 35-0027 2001 LOADER/BOBCAT 514147010 35-0041 T300 BOBCAT 525415212 35-0061 KUBOTA BACKHOE 30767 35-0064 2012 KUBOTA EXCAVATOR W/RUBTKS/4P ROP41826 35-0066 2013 KUBOTA EXCAVATOR 74888 35-0067 Cat 305E2 Excavator H5M07145 35-0068 John-Deere 325G Compact Track Loader 1T0325GMJKJ34 906935-999 Rental Mini Johnson-Davis, Inc. s 604 Hillbrath Drive s Lantana, FL 33462 s Ph. (561)588-1170 Fx. (561)585-5252 page 2 of 2 542 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESJOHNSON, SCOTT JAMESDo not alter this document in any form.JOHNSON - DAVIS INCORPORATEDLICENSE NUMBER: CUC043087EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.604 HILLBRATH DRIVELANTANA FL 33462Always verify licenses online at MyFloridaLicense.comISSUED: 09/27/2024543 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESCRYER, WILLIAM CLARK CLIFFORDDo not alter this document in any form.JOHNSON - DAVIS INCORPORATEDLICENSE NUMBER: CUC1225299EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.604 HILLBRATH DRIVELANTANA FL 33462Always verify licenses online at MyFloridaLicense.comISSUED: 05/22/2024544 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESCRYER, WILLIAM CLARK CLIFFORDDo not alter this document in any form.JOHNSON - DAVIS INCORPORATEDLICENSE NUMBER: CGC1537148EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.604 HILLBRATH DRLANTANA FL 33462Always verify licenses online at MyFloridaLicense.comISSUED: 11/11/2024545 546 604 HILLBRATH DRIVE LANTANA, FL 33462 Current Principal Place of Business: Current Mailing Address: 604 HILLBRATH DRIVE LANTANA, FL 33462 Entity Name: JOHNSON - DAVIS INCORPORATED DOCUMENT# 538772 FEI Number: 59-1753888 Certificate of Status Desired: Name and Address of Current Registered Agent: JOHNSON, SCOTT J 604 HILLBRATH DRIVE LANTANA, FL 33462 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Apr 30, 2025 Secretary of State 1274520478CC SCOTT J JOHNSON PRESIDENT 04/30/2025 2025 FLORIDA PROFIT CORPORATION AMENDED ANNUAL REPORT No Title P Name JOHNSON, SCOTT J. Address 18843 SE JUPITER RIVER DR City-State-Zip:JUPITER FL 33458 Title VP Name CRYER, WILLIAM Address 170 RIVER DRIVE City-State-Zip:TEQUESTA FL 33469 Title VP Name CAMERON, CHARLES H Address 688 SW HIDDEN RIVER AVE City-State-Zip:PALM CITY FL 34990 Title TS Name JOHNSON, CHRISTOPHER Address 7541 BRIAR CLIFF CIR City-State-Zip:LAKE WORTH FL 33467 Title VP Name CRAVENS, RONALD A Address 12028 154TH RD N City-State-Zip:JUPITER FL 33478 547 06/26/2025 Vaughn Risk Management 222 US HWY 1 Suite #215 Tequesta FL 33469 Kathleen Fuller (561) 249-6143 Service@VaughnRM.com Johnson-Davis Incorporated 604 Hillbrath Dr Lantana FL 33462 National Fire Insurance Company of Hartford 20478 Continental Casualty Company 20443 Valley Forge Insurance Company 20508 Homeland Insurance Company 34452 CL2562600720 A Y 7033967643 07/01/2025 07/01/2026 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 Employee Benefits 2,000,000 B Y 7033968744 07/01/2025 07/01/2026 1,000,000 Medical payments 5,000 B 0 Y 7033984636 07/01/2025 07/01/2026 5,000,000 5,000,000 C N 7033972535 07/01/2025 07/01/2026 1,000,000 1,000,000 1,000,000 D Contractors Pollution Liability 7930119810002 07/01/2025 07/01/2026 Contractors Pollution Liability $1,000,000 Policy Aggregate $2,000,000 Transportation Pollution Liability $1,000,000 Johnson-Davis, Inc. 604 Hillbrath Dr. Lantana FL 33462 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 548 549 From:CS - E-Verify Queue To:Hernan Parra Subject:Your Company is Currently Enrolled in E-Verify Date:Wednesday, March 16, 2022 4:36:51 PM Good afternoon, Thank you for contacting the E-Verify Team. We are happy to address your questions or concerns. Our records indicate your company, Johnson-Davis Inc, enrolled successfully on 7/09/2010. We hope you will take the time to log back into E-Verify at https://e- verify.uscis.gov/web/Login.aspx. If you need assistance accessing your account, we will be more than happy to help you. Due to our security procedures we are unable to provide this service via e-mail. Please contact E-Verify at 888-464-4218 if you require any additional assistance. You may speak to a representative Monday through Friday from 8 a.m. to 8 p.m. Eastern. For users with hearing and speech impairment, please call TTY at 877-875-6028, available 8 a.m. to 5 p.m. Eastern. Cordially, The E-Verify Team Maggie S. If you would like to receive training on the Form I-9, E-Verify, or Employment Eligibility Verification, our Engagement team offers free public webinars. To view the webinar calendar, please visit the E-Verify Webinars webpage. ref:_00Dt0Cn4X._500t0xAg14:ref 550 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 Johnson-Davis Inc. 551 Company ID Number: 4.The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5.The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a.The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6.The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a.If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7.The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8.The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a.The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 552 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 553 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15.The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17.The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 554 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19.The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20.The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21.The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22.The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1.If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a.An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 555 Company ID Number: b.Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c.Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d.Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 556 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 557 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4.DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6.DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7.DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 558 Company ID Number: The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4.The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6.The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1.If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4.If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 559 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5.If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6.The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8.DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 560 Company ID Number: B. TERMINATION 1.The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3.An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non- Federal contractor participants, and will be required to use the E-Verify p rocedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A.Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B.Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 561 Company ID Number: E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 562 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 Electronically Signed 07/09/2010 USCIS Verification Division Electronically Signed 07/09/2010 Scott Johnson Johnson-Davis Inc. 563 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 Johnson-Davis Inc. 100 to 499 604 Hillbrath Drive Lantana, FL 33462 PALM BEACH 591753888 237 1 site(s) 564 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 1FL 565 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 ipassler@johnsondavis.com bhopler@johnsondavis.com Email Email Fax Fax Ilene Passler Robert Hopler Name Name 5615881170 5615881199 Phone Number Phone Number 566 Company ID Number: This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 342241 567 © 2025 Mapbox © OpenStreetMap Map based on search tool's full data set. Data refreshes every day at midnight. Color shows Total Hiring Sites by State. Map will act as a filter to the table. Search Filters [Table Only filter - Table data shows records by Last Updated Date in descending order and default filtered to show employers enrolled this year] Last Updated Date Employer Doing Business As Account Status Opted into E-Verify+ Date Enrolled Date Terminated Workforce Size Hiring Site Locations 7/9/2010 Johnson-Davis Inc.Open Yes 7/9/2010 100 to 499 FL 1 E-Verify Participating Employer List 1 417,031 E-Verify Hiring Sites © Mapbox © OSM Alaska © Mapbox © OSM Hawaii State/Territory All Industry Type All Date Enrolled [Select last 30 years for all data] 01/01/2010 to 12/31/2025 Business Name [Input Employer's legal name or DBA name] Contains "Johnson-Davis Inc." Account Status Open Terminated Opted into E-Verify+ No Yes Total Records Filtered:1 568 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 P A 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 A T 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 3:55:13 PM 11/4/2025 Licensee Information Name:CRYER, WILLIAM CLARK CLIFFORD (Primary Name) JOHNSON - DAVIS INCORPORATED (DBA Name) Main Address:170 RIVER DRIVE TEQUESTA Florida 33469 County:PALM BEACH License Location:604 HILLBRATH DRIVE LANTANA FL 33462 County:PALM BEACH License Information License Type:Certified Plumbing Contractor Rank:Cert Plumbing License Number:CFC1430348 Status:Current,Active Licensure Date:06/26/2019 Expires:08/31/2026 Special Qualifications Qualification Effective Construction Business 06/26/2019 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. Privacy Statement 11/4/25, 3:55 PM DBPR - CRYER, WILLIAM CLARK CLIFFORD; Doing Business As: JOHNSON - DAVIS INCORPORATED, Certified Plumbing Cont… https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=2DEF44E63E1263E5CA2144CE8258E97F 1/2569 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 P A 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 A T 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 3:44:53 PM 11/4/2025 Licensee Information Name:CRYER, WILLIAM CLARK CLIFFORD (Primary Name) JOHNSON - DAVIS INCORPORATED (DBA Name) Main Address:170 RIVER DRIVE TEQUESTA Florida 33469 County:PALM BEACH License Location:604 HILLBRATH DR LANTANA FL 33462 County:PALM BEACH License Information License Type:Certified General Contractor Rank:Cert General License Number:CGC1537148 Status:Current,Active Licensure Date:11/09/2024 Expires:08/31/2026 Special Qualifications Qualification Effective Construction Business 11/09/2024 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. Privacy Statement 11/4/25, 3:44 PM DBPR - CRYER, WILLIAM CLARK CLIFFORD; Doing Business As: JOHNSON - DAVIS INCORPORATED, Certified General Contr… https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=A4C7085E021CA34F16563D3739BC828A 1/2570 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 P A 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 A T 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 3:44:35 PM 11/4/2025 Licensee Information Name:CRYER, WILLIAM CLARK CLIFFORD (Primary Name) JOHNSON - DAVIS INCORPORATED (DBA Name) Main Address:170 RIVER DRIVE TEQUESTA Florida 33469 County:PALM BEACH License Location:604 HILLBRATH DRIVE LANTANA FL 33462 County:PALM BEACH License Information License Type:Certified Underground Utility and Excavation Contractor Rank:Cert Under License Number:CUC1225299 Status:Current,Active Licensure Date:03/08/2016 Expires:08/31/2026 Special Qualifications Qualification Effective Construction Business 03/08/2016 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. Privacy Statement 11/4/25, 3:44 PM DBPR - CRYER, WILLIAM CLARK CLIFFORD; Doing Business As: JOHNSON - DAVIS INCORPORATED, Certified Underground … https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=EABB1CD2693E8B57F345C5977399C244 1/2571 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 P A 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 A T 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 3:54:05 PM 11/4/2025 Licensee Information Name:JOHNSON, SCOTT JAMES (Primary Name) JOHNSON - DAVIS INCORPORATED (DBA Name) Main Address:604 HILLBRATH DRIVE LANTANA Florida 33462 County:PALM BEACH License Location:604 HILLBRATH DRIVE LANTANA FL 33462 County:PALM BEACH License Information License Type:Certified Underground Utility and Excavation Contractor Rank:Cert Under License Number:CUC043087 Status:Current,Active Licensure Date:11/19/1987 Expires:08/31/2026 Special Qualifications Qualification Effective Construction Business 02/20/2004 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. Privacy Statement 11/4/25, 3:54 PM DBPR - JOHNSON, SCOTT JAMES; Doing Business As: JOHNSON - DAVIS INCORPORATED, Certified Underground Utility and … https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=B04E6642611220028836779284D5D540 1/2572 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 P A 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 A T 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 3:46:55 PM 11/4/2025 Licensee Information Name:RAKOCZY, JOHN ROBERT (Primary Name) RANGELINE TAPPING SERVICES INC (DBA Name) Main Address:11353 52ND RD NORTH ROYAL PALM BEACH Florida 33411 County:PALM BEACH License Location:7256 WEST PORT PLACE STE A WEST PALM BEACH FL 33413 County:PALM BEACH License Information License Type:Certified Underground Utility and Excavation Contractor Rank:Cert Under License Number:CUC057091 Status:Current,Active Licensure Date:09/28/1998 Expires:08/31/2026 Special Qualifications Qualification Effective Construction Business 02/20/2004 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. Privacy Statement 11/4/25, 3:47 PM DBPR - RAKOCZY, JOHN ROBERT; Doing Business As: RANGELINE TAPPING SERVICES INC, Certified Underground Utility and… https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=F1F233A438195006EBDE59EBB08A1719 1/2573 Document Number FEI/EIN Number Date Filed State Status Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation JOHNSON - DAVIS INCORPORATED Filing Information 538772 59-1753888 07/06/1977 FL ACTIVE Principal Address 604 HILLBRATH DRIVE LANTANA, FL 33462 Changed: 04/01/1986 Mailing Address 604 HILLBRATH DRIVE LANTANA, FL 33462 Changed: 04/01/1986 Registered Agent Name & Address JOHNSON, SCOTT J 604 HILLBRATH DRIVE LANTANA, FL 33462 Name Changed: 03/20/1996 Address Changed: 12/18/2009 Officer/Director Detail Name & Address Title P JOHNSON, SCOTT J. 18843 SE JUPITER RIVER DR JUPITER, FL 33458 Title TS D i v i s i o n o f C o r p o r at i o n sFlorida Department of State 11/4/25, 3:44 PM Detail by FEI/EIN Number https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=591753888…1/3574 JOHNSON, CHRISTOPHER 7541 BRIAR CLIFF CIR LAKE WORTH, FL 33467 Title VP CRYER, WILLIAM 170 RIVER DRIVE TEQUESTA, FL 33469 Title VP CRAVENS, RONALD A 12028 154TH RD N JUPITER, FL 33478 Title VP CAMERON, CHARLES H 688 SW HIDDEN RIVER AVE PALM CITY, FL 34990 Annual Reports Report Year Filed Date 2024 01/12/2024 2025 01/09/2025 2025 04/30/2025 Document Images 04/30/2025 -- AMENDED ANNUAL REPORT View image in PDF format 01/09/2025 -- ANNUAL REPORT View image in PDF format 01/12/2024 -- ANNUAL REPORT View image in PDF format 01/04/2023 -- ANNUAL REPORT View image in PDF format 10/27/2022 -- AMENDED ANNUAL REPORT View image in PDF format 01/05/2022 -- ANNUAL REPORT View image in PDF format 11/09/2021 -- AMENDED ANNUAL REPORT View image in PDF format 07/02/2021 -- AMENDED ANNUAL REPORT View image in PDF format 01/13/2021 -- ANNUAL REPORT View image in PDF format 03/25/2020 -- AMENDED ANNUAL REPORT View image in PDF format 01/07/2020 -- ANNUAL REPORT View image in PDF format 01/02/2019 -- ANNUAL REPORT View image in PDF format 01/05/2018 -- ANNUAL REPORT View image in PDF format 01/06/2017 -- ANNUAL REPORT View image in PDF format 01/14/2016 -- ANNUAL REPORT View image in PDF format 01/07/2015 -- ANNUAL REPORT View image in PDF format 01/03/2014 -- ANNUAL REPORT View image in PDF format 01/02/2013 -- ANNUAL REPORT View image in PDF format 01/04/2012 -- ANNUAL REPORT View image in PDF format 11/4/25, 3:44 PM Detail by FEI/EIN Number https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=591753888…2/3575 07/01/2011 -- ANNUAL REPORT View image in PDF format 01/04/2011 -- ANNUAL REPORT View image in PDF format 01/05/2010 -- ANNUAL REPORT View image in PDF format 01/08/2009 -- ANNUAL REPORT View image in PDF format 01/07/2008 -- ANNUAL REPORT View image in PDF format 01/10/2007 -- ANNUAL REPORT View image in PDF format 01/12/2006 -- ANNUAL REPORT View image in PDF format 02/12/2005 -- ANNUAL REPORT View image in PDF format 02/04/2004 -- ANNUAL REPORT View image in PDF format 02/10/2003 -- ANNUAL REPORT View image in PDF format 03/15/2002 -- ANNUAL REPORT View image in PDF format 01/25/2001 -- ANNUAL REPORT View image in PDF format 04/03/2000 -- ANNUAL REPORT View image in PDF format 03/24/1999 -- ANNUAL REPORT View image in PDF format 01/29/1998 -- ANNUAL REPORT View image in PDF format 01/28/1997 -- ANNUAL REPORT View image in PDF format 03/20/1996 -- ANNUAL REPORT View image in PDF format 03/20/1996 -- Reg. Agent Change View image in PDF format 03/24/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations 11/4/25, 3:44 PM Detail by FEI/EIN Number https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=591753888…3/3576 America’s Gateway to the Gulfstream The City of Boynton Beach PROCUREMENT SERVICES 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 561-742-6310 NOTICE OF INTENT TO AWARD SOLICITATION NO. 25-093B SOLICITATION TITLE: I-95 & Boynton Beach Blvd Interchange Utility Relocation DATE OF NOTICE: November 6, 2025 On October 1, 2025, Bid No. 25-093B I-95 & Boynton Beach Blvd Interchange Utility Relocation was electronically opened by the City’s e-procurement bidding system, Bids&Tenders. The following Bids were received and tabulated for the lowest responsible and responsive bidder. Rank Vendor Bid Total 1 Johnson-Davis, Inc. $ 2,140,275.00 2 B&B Underground Construction, Inc. $ 3,048,275.00 3 CMG Pipelines, Inc. $ 3,245,978.75 4 CK Contractors and Development, LLC $ 4,249,375.00 This Intent to Award will be presented to the City Commission on December 2, 2025, as a recommendation to authorize the City Mayor to execute a contract with the lowest responsible and responsive bidder, JOHNSON-DAVIS, INC. This Notice is conditioned upon and subject to the City of Boynton Beach’s reservation of rights as contained in the BID documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection, or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: Theresa L. Gonzalez Theresa L. Gonzalez Senior Procurement Specialist – Utilities 577 INVITATION TO BID (ITB) REVISED PUBLISH DATE: October 1, 2025 ADVERTISEMENT DATE: October 1, 2025 NON-MANDATORY PRE-BID MEETING: October 9, 2025 by 11 :00 AM QUESTION SUBMISSION DEADLINE: October 25, 2025 by 3:00 PM BID DUE & OPENING DATE: November 4, 2025 by 3:00 PM PRE-BID LOCATION: City of Boynton Beach Room 115 100 E. Ocean Avenue Boynton Beach, FL 33435 SUBMISSIONS: Boynton-beach.bidsandtenders.net Bids&tenders Online Submission Only Bond Requirements: Bid Bond, Payment and Performance Bonds I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION ITB No. 25-093B 578 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 1 INVITATION TO BID I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION ITB NO. 25-093B TABLE OF CONTENTS ADVERTISEMENT ...................................................................................................................................................... 5 PURCHASING DIVISION ........................................................................................................................................... 7 SECTION I – INSTRUCTIONS TO BIDDERS – SUBMISSION REQUIREMENTS ............................................... 8 1.0 DEFINITIONS .................................................................................................................................................... 8 “Addenda” ............................................................................................................................................................. 8 “Agreement” .......................................................................................................................................................... 8 “City” or “Owner” ................................................................................................................................................. 8 “Contract Administrator” ....................................................................................................................................... 8 “Contract Documents” ........................................................................................................................................... 8 “Defective” ............................................................................................................................................................ 8 “Effective Date of the Agreement” ........................................................................................................................ 8 “End User (EU)” .................................................................................................................................................... 8 “Interested parties” ................................................................................................................................................ 8 “Notice to Proceed” ............................................................................................................................................... 8 “Online e-procurement system” or “e-procurement system” ................................................................................. 8 “Procurement Services” ......................................................................................................................................... 8 “Bidder/Offeror/Responder” .................................................................................................................................. 8 “Invitation to Bid (ITB) Solicitation” .................................................................................................................... 8 “Sub-Contractor” ................................................................................................................................................... 8 “Responsible Bidder” ............................................................................................................................................ 8 “Responsive Bidder” ............................................................................................................................................. 8 “Successful Bidder" or “Contractor” ..................................................................................................................... 9 “Written Amendment” ........................................................................................................................................... 9 “Unit Price or Hourly Wage Work” ...................................................................................................................... 9 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ......................................................................... 9 1.2 PRE-BID MEETING ...................................................................................................................................... 9 1.3 ONLINE E-PROCUREMENT SYSTEM SUBMISSION OF THE BID – (bids&tenders) ............................ 9 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE ................................................ 10 1.5 ELIGIBILITY OF BIDDER ......................................................................................................................... 10 1.6 MINIMUM QUALIFICATIONS OF BIDDERS .......................................................................................... 11 1.7 CONTACT INFORMATION AND QUESTIONS....................................................................................... 11 1.8 CLARIFICATIONS, QUESTIONS, AND ADDENDA FOR THIS SOLICITATION ................................ 11 1.9 MISTAKES WITHIN SOLICITATION ....................................................................................................... 12 1.10 SUBMISSION OF THE BID ................................................................................................................... 12 1.11 SOLICITATION FORMS ........................................................................................................................ 13 1.12 BID BOND GUARANTY SUBMITTAL ................................................................................................ 13 579 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 2 1.13 BIDDER'S COMPLIANCE WITH FLORIDA STATUTES AND CITY CODES ................................. 14 1.13.1 ANTI-KICKBACK AFFIDAVIT ........................................................................................................ 14 1.13.2 NON-COLLUSION AFFIDAVIT ....................................................................................................... 14 1.13.3 FOREIGN ENTITY AFFIDAVIT ....................................................................................................... 14 1.13.4 ANTI-HUMAN TRAFFICKING AFFIDAVIT .................................................................................. 15 1.13.5 CONFLICT OF INTEREST ................................................................................................................ 15 1.13.6 E-VERIFY FORM UNDER SECTION 448.095................................................................................. 15 1.13.7 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 ............................................. 16 1.13.8 ANTITRUST CAUSE OF ACTION (Bid Rigging) ............................................................................ 16 1.14 SUB-CONTRACTORS ............................................................................................................................ 16 1.15 ESCALATOR CLAUSE .......................................................................................................................... 16 1.16 EXCEPTIONS BY BIDDER ................................................................................................................... 17 1.17 QUANTITIES .......................................................................................................................................... 17 1.18 BID TABULATION................................................................................................................................. 17 1.19 UNBALANCED BIDS............................................................................................................................. 17 1.20 UNIT PRICES AND ADDITIONAL QUANTITY ................................................................................. 17 1.21 TIE BIDS .................................................................................................................................................. 17 1.22 EXECUTION OF SOLICITATION DOCUMENTS ............................................................................... 18 1.23 SOLICITATION DEADLINE ................................................................................................................. 18 1.24 CITY’S RIGHT TO REJECT BID SUBMITTALS ................................................................................. 18 1.25 DISQUALIFICATION OF BIDDER ....................................................................................................... 19 1.26 NO SUBMITTAL .................................................................................................................................... 19 1.27 INTERPRETATIONS/CONE OF SILENCE/LOBBYING ..................................................................... 19 1.28 TRADE SECRET ..................................................................................................................................... 20 1.29 WITHDRAWAL OF BID ........................................................................................................................ 20 1.30 PROTEST PROCEDURE ........................................................................................................................ 20 1.31 CONFLICT OF INTEREST / GIFT POLICY ......................................................................................... 21 1.32 GIFT POLICY .......................................................................................................................................... 21 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS ..................................................................... 22 1.34 AWARD OF CONTRACT ...................................................................................................................... 22 1.35 LOCAL BUSINESS PREFERENCE ....................................................................................................... 22 1.36 SAMPLE DRAFT AGREEMENT ........................................................................................................... 22 1.37 SIGNING OF CONTRACT ..................................................................................................................... 23 1.38 PAYMENT AND PERFORMANCE BOND ........................................................................................... 23 1.39 ON PUBLIC ENTITY CRIMES CONVICTED VENDOR LIST ........................................................... 23 1.40 BUSINESS INFORMATION – JOINT VENTURE ................................................................................ 24 1.41 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ............................................................................................. 24 SECTION II – SPECIAL CONDITIONS ................................................................................................................... 25 2.1 HISTORY AND BACKGROUND OF THE CITY OF BOYNTON BEACH ............................................. 25 2.2 PURPOSE OF PROJECT ............................................................................................................................. 25 580 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 3 2.3 SCOPE AND DESCRIPTION OF WORK ................................................................................................... 25 2.4 GENERAL REQUIREMENTS..................................................................................................................... 26 2.5 LICENSES .................................................................................................................................................... 26 2.6 PROJECT TIMELINE .................................................................................................................................. 26 2.7 ENGINEERS ESTIMATE ............................................................................................................................ 26 2.8 LIQUIDATED DAMAGES .......................................................................................................................... 26 2.9 ENUMERATION OF PRECEDENCE OF BID DOCUMENTS ................................................................. 27 2.10 POST-COMPLETION SITE CLEANUP AND WASTE DISPOSAL .................................................... 27 2.11 PERFORMANCE EVALUATION .......................................................................................................... 27 2.12 U.S. PRODUCED IRON AND STEEL ................................................................................................... 27 2.13 INTENT .................................................................................................................................................... 27 2.14 PERFORMANCE, PAYMENT AND WARRANTY BONDS ............................................................... 28 2.15 SUBMITTALS ......................................................................................................................................... 28 2.16 ASSIGNMENT OF CONTRACT ............................................................................................................ 29 2.17 INSURANCE REQUIREMENTS ............................................................................................................ 29 2.18 TERMINATION ...................................................................................................................................... 29 2.18.1 DEFAULT AND TERMINATION FOR CAUSE: ............................................................................. 29 2.18.2 TERMINATION FOR CONVENIENCE OF CITY ........................................................................... 30 2.18.3 REMEDIES: ........................................................................................................................................ 30 2.18.4 FUNDING OUT .................................................................................................................................. 30 2.19 DIRECT OWNER PURCHASES ............................................................................................................ 30 2.20 CONTRACTOR’S RESPONSIBILITY ................................................................................................... 30 2.21 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY .................................................................... 31 2.22 PERMITS AND LICENSES .................................................................................................................... 31 2.23 SITE INSPECTION – CITY .................................................................................................................... 31 2.24 WAIVER OF LIENS ................................................................................................................................ 31 2.25 PAYMENT ............................................................................................................................................... 31 2.26 CONTRACT DOCUMENTS ................................................................................................................... 31 2.27 CHANGE ORDERS ................................................................................................................................. 31 2.28 CHANGES TO SCOPE AND ADDITIONAL SERVICES..................................................................... 32 2.29 CHANGES IN THE WORK/CONTRACT PRICE ................................................................................. 32 2.30 CHANGES IN CONTRACT TIME ......................................................................................................... 32 2.31 CITY’S OPTION ...................................................................................................................................... 33 2.32 LOCATION OF EXISTING UTILITIES ................................................................................................. 33 2.33 CONFLICT WITH EXISTING UTILITIES ............................................................................................ 34 2.34 CONTINGENCY FUNDING .................................................................................................................. 34 SECTION III – GENERAL TERMS AND CONDITIONS ........................................................................................ 35 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: .................................................................................................................................................... 35 3.2 CONFLICT OF INTEREST ......................................................................................................................... 35 3.3 DISPUTES .................................................................................................................................................... 35 581 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 4 3.4 FEDERAL AND STATE TAX: .................................................................................................................... 35 3.5 PURCHASE ORDER REQUIRED: ............................................................................................................. 35 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ...................................................... 35 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: ................................................................................ 35 3.8 OTHER AGENCIES ..................................................................................................................................... 35 3.9 VENUE AND GOVERNING LAW: ............................................................................................................ 36 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ........................................... 36 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: ............................................................................ 36 3.12 OMISSION OF DETAILS ....................................................................................................................... 36 3.13 LEGAL EXPENSES: ............................................................................................................................... 36 3.14 NO THIRD-PARTY BENEFICIARIES: ................................................................................................. 36 3.15 SCRUTINIZED COMPANIES: ............................................................................................................... 37 3.16 NON-EXCLUSIVE .................................................................................................................................. 37 3.17 ENDORSEMENTS .................................................................................................................................. 37 3.18 DRUG-FREE WORKPLACE .................................................................................................................. 37 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT ................................................................... 37 3.20 RIGHTS IN DATA .................................................................................................................................. 38 3.21 DOCUMENTATION OF COSTS ............................................................................................................ 38 3.22 PUBLIC RECORDS ................................................................................................................................ 38 3.23 SOVEREIGN IMMUNITY ...................................................................................................................... 39 SECTION IV – BID SCHEDULE FORM .................................................................................................................. 40 DRAFT - AGREEMENT CONSTRUCTION (CONTRACTOR) ................................................................................... 43 ATTACHMENT “A” .................................................................................................................................................. 68 ATTACHMENT “B” .................................................................................................................................................. 71 Exhibit A – General Provisions for Construction Exhibit B – Specs I-95 & Boynton Beach Blvd Utility Relocation - IFB - 2025.09.12 Appendix A – Utility Relocation Plans – Revised 10.20 Appendix B – FDOT Project Construction Schedule_Rev1 Appendix C – FDOT Project Roadway Plans Appendix D – FDOT Verified Utility Location Plans Appendix E – FDOT Project Structures Plans Appendix F – Roadway Soil Survey 582 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 5 THE CITY OF BOYNTON BEACH ADVERTISEMENT NOTICE TO BIDDERS FOR I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION ITB NO. 25-093B Electronic Invitation To Bid (ITB’s) shall be received by the e-procurement system up until November 4, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within ONE HUNDRED TWENTY (120) days after such date and time. All ITB’s 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 ITB’s 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 BIDDERS: 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 “City” Utilities Department is requesting sealed bids from qualified contractors for an interchange utility improvement project. The Florida Department of Transportation (FDOT) has proposed an interchange improvement project to SR 9/I-95 and SR 804/Boynton Beach Boulevard in Palm Beach County (FDOT project No. 435804-1-52-01). FDOT and the City of Boynton Beach (City) have entered into a Utility Work Agreement (UWA), which includes a Utility Work Schedule (UWS) that identifies different work activities that the City is required to perform within the activity construction duration in support of the FDOT project. The project location lies between Old Boynton Road and NW 3rd Street along Boynton Beach Boulevard at SR 9/I-95 and involves relocation, adjustment, and/or protection of existing water and wastewater utility infrastructure of the water and wastewater mains and appurtenances. The Contractor shall furnish all labor, tools, equipment, materials, supplies, manufactured articles, furnishing all transportation and services, and essential communications, etc., as necessary to complete the project, as indicated in the Special Conditions, Special Provisions, Project Design Plans, Technical Specifications and ITB No. 25-093B Documents herein, along with all engineering, shop drawings, and other documentation necessary to obtain all applicable permits and all bonds, securities, licenses and insurance to complete the project as specified herein and within the Project Design Plans. All proposed improvements shall be completed in accordance with the project bid documents, design plans, details, technical specifications/scope of work, and all applicable federal, state, county, and local regulatory requirements. Questions related to this ITB 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. 583 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 6 PRE-BID CONFERENCE: A NON-MANDATORY Pre-bid Conference & Site Visit is scheduled for October 1, 2025, at 9:00 A.M. to 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 bidding on this 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 term contract, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting proposals, and discuss other relevant issues. In the event that any discussions or questions at the pre-bid 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 ITB, as the City determines is appropriate. No oral representation or discussion taking place at the pre-bid meeting will be binding or may be relied upon by any person or entity. All questions prior to and after the pre-bid meeting shall be submitted in writing through the City’s e-procurement platform by the deadline for questions outlined on the cover page. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071, sealed Proposal responses received by the City in response to an Invitation to bid 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 an Invitation To Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids. 584 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 7 PURCHASING 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. Our 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. Our 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 and the Community: 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. 585 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 8 I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION ITB No.: 25-093B SECTION I – INSTRUCTIONS TO BIDDERS – SUBMISSION REQUIREMENTS Procurement Definition: It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such a rejection or waiver is deemed to be in the best interest of the City. 1.0 DEFINITIONS Whenever the following terms appear in the Invitation to Bid, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening ITBs 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. “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), 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. “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. “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. “End User (EU)” Internal Member of the City Staff who has requested a procurement service. Also known as a Stakeholder (SH) “Interested parties” Firms or bidders interested in the ITB and plan to eventually become bidders. “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 Consultant’s obligations under the Contract Documents. Such Notice is to be issued by the City and 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. “Bidder/Offeror/Responder” Any individual, firm, or corporation submitting a bid for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror” and “Bidder” are used interchangeably and have the same meaning. “Invitation to Bid (ITB) Solicitation” It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such a rejection or waiver is deemed to be in the best interest of the City. “Sub-Contractor” Any person, firm, entity, or organization, other than the employees of the bidder, who contracts with the Contractor 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 Contractor. “Responsible Bidder” This means a person or firm capable of fully performing the requirements in the ITB and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Bidder” This means a Person or firm who has submitted a bid that conforms in all material respects to the requirements outlined in this ITB. 586 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 9 “Successful Bidder" or “Contractor” The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Contractor or Vendor. “Written Amendment” A written amendment of the Contract Documents, signed by the City and the Consultant 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 ITB. 1.1 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 to Bid (ITB) R = Request for Proposal (RFP) L = Letter of interest (LOI) Q = Request for Qualifications (RFQ) RQ = Request for Quote (RFQ) RB = Re-Bid This suffix will determine what type of solicitation the City plans to procure. The City reserves the right to add any additional solicitation types at any time. 1.2 PRE-BID MEETING The City may hold a pre-bid conference for this project which may include a site visit. The information regarding such meeting will be noted on the cover page or advertisement page of this document. 1.3 ONLINE E-PROCUREMENT SYSTEM SUBMISSION OF THE BID – (bids&tenders) 1.3.1 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. 1.3.2 To obtain documents online, please visit Boynton-beach.bidsandtenders.net. 1.3.3 Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. 1.3.4 Bidders 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. 1.3.5 For the above reasons, sufficient time is recommended to complete your ITB Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. 1.3.6 Bidders 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. 1.3.7 The e-procurement system will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.3.8 Bidders shall be solely responsible for maintaining accurate contact data through the Bids and Tenders system. The City shall under no circumstances be responsible for any errors or omissions in vendor’s contact information on file with 587 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 10 Bids and Tenders. Updates to contact information may be requested by contacting Bids and Tenders at support@bidsandtenders.org . 1.3.9 It is the Responding firm's responsibility to read and understand the requirements of this bid request. Unless otherwise specified, the Responding firm must use the bid form located online for Invitation for Bid document. 1.3.10 All bids shall be submitted in the English language. All prices, terms and conditions bid in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days from the date of the bid opening unless otherwise stated by the City. 1.3.11 The Responding firm preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Responding firm shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE 1.4.1 Before submitting a bid, 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 a review of applicable laws with the Bid Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the solicitation documents. 1.4.2 Bidders shall satisfy themselves by personal investigation and by such other means as they may deem necessary or desirable as to the conditions affecting the proposed work and the cost. 1.4.3 No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants or any other department of the City shall relieve the contractor from any risk or from fulfilling all terms of the contract. 1.4.4 The bidder is required to conduct a full and thorough investigation of the premises prior to submitting a bid. 1.4.5 It is the bidder’s sole responsibility to determine the amount of labor and materials needed to complete all aspects of the project. 1.4.6 If the pre-bid meeting is deemed mandatory and a bidder does not attend and sign in to the sign-in sheet for the mandatory pre-bid meeting, the bid submission will not be considered. 1.4.7 The Offeror, by and through the submission of a Bid, 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. 1.5 ELIGIBILITY OF BIDDER 1.5.1 To be eligible to respond to participate in this ITB, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services of similar magnitude as those specified in SCOPE OF WORK (PROJECT) of this solicitation and can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 588 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 11 1.6 MINIMUM QUALIFICATIONS OF BIDDERS 1.6.1 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. 1.6.2 Awards will be based on past performance and quality of work in addition to the Contractor’s ITB response as outlined within this solicitation document. 1.6.3 If selected for a contract, all Contractors must perform to the satisfaction of the City before being considered for award of additional contracts. 1.6.4 A satisfactory record of integrity with previous work performed. 1.6.5 Qualified legally to enter into a Contract within the State of Florida and the City of Boynton Beach. 1.6.6 Supplied all necessary licensing information in connection with the inquiry concerning responsibility. 1.6.7 Contractors whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 CONTACT INFORMATION AND QUESTIONS 1.7.1 For inquiries regarding this solicitation Bidders must submit questions online at https://boynton-beach.bidsandtenders.org/Module/Tenders/en Once on the webpage bidder should click the solicitation they are interested in and click the “Submit a Question Button”. All questions will be reviewed by the City and answered in the form of an addendum which will be uploaded to the City’s website and available for all firms registered as plan holders. 1.8 CLARIFICATIONS, QUESTIONS, AND ADDENDA FOR THIS SOLICITATION 1.8.1 The City may issue an addendum to change the intent or to clarify the meaning of the solicitation and Contract documents. 1.8.2 Since all addenda are available to Bidders through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda issued. 1.8.3 Bidders should check online at Boynton-beach.bidsandtenders.net before submitting their bid and until the bid closing time and date in the event, to ensure no additional addenda are issued. 1.8.4 If a Bidder submits their bid before the BID closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the bid. 1.8.5 The submittal status will change to an INCOMPLETE STATUS, and the Bid will be withdrawn. The Bidder can view this status change in the “MY BIDS” section of the e-procurement system. a. The Bidder is solely responsible for creating any required adjustments to their Bid, acknowledging the addenda, and ensuring the re-submitted Bid is RECEIVED by the e-procurement System no later than the stated Bid closing time and date. b. The Bidder 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. 589 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 12 e. Failure of any Bidder to receive any such addenda or interpretation shall not relieve any Bidder from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. f. The Bidder 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 Bidder's responsibility to have received all issued addenda. Bidders 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 ITB 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 Bidder 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 Bidders submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Bidder. 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 Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder 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 Bidder. 1.9 MISTAKES WITHIN SOLICITATION 1.9.1 Bidders 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 Bidder to any relief from the conditions imposed in the contract and may lead to the rejection of a bid. 1.10 SUBMISSION OF THE BID 1.10.1 The City’s e-procurement solicitation system shall receive ELECTRONIC BID SUBMISSIONS ONLY. 1.10.2 HARDCOPY SUBMISSIONS ARE NOT PERMITTED. 1.10.3 Electronic Invitation to Bid 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. 1.10.4 Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Bidder to have their Invitation to Bid submittal submitted online. 1.10.5 All bids shall be submitted in English. 1.10.6 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 ITB. 590 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 13 1.11 SOLICITATION FORMS 1.11.1 The Bidder will submit a response to the solicitation on the bid submission forms provided. All bid submission prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. 1.11.2 The Bidder must state the price for which they propose to deliver the equipment or service requested. 1.11.3 The Bidder must be licensed to do business as an individual, partnership, or corporation in the State of Florida. 1.11.4 All bid submission forms should be executed and submitted for easy identification. Responses not submitted on bid submission forms may be rejected. 1.11.5 All bid submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 1.11.6 THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: a. Certification b. Vendor Drug-Free Workplace c. Bidder’s Qualification Statement d. References e. Scrutinized Companies List f. E-Verify Compliance g. Sub-Contractor Form h. Firm’s Primary Ownership 1.11.7 FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION a. Document Upload 1: Non-Collusive Affidavit & Acknowledgement b. Document Upload 2: Scrutinized Companies Affidavit and E-Verify c. Document Upload 3: Bid Bond and Bid Bond Acknowledgement (SEE BID BOND SUBMITTAL BELOW) d. Document Upload 4: Foreign Entity Ownership Affidavit & Anti-Human Trafficking Affidavit e. Document Upload 5: Litigation and Legal History Disclosure Requirement & Litigation History Form f. Document Upload 6: Proof of State Certified or County Competency g. Document Upload 7: Florida State Business Registration h. Document Upload 8: Certificate of Insurance – Proof of Requirements i. Document Upload 9: Internal Revenue Service Form W-9 j. Document Upload 10: Anti-Kick Back Affidavit & Trench Safety Act Affidavit k. Document Upload 11: Additional Document 1.12 BID BOND GUARANTY SUBMITTAL To participate in this Invitation to Bid (ITB), an acceptable Bid Bond, Cashier’s Check, Money Order, Irrevocable Letter of Credit, or Certified Check payable to the City of Boynton Beach in an amount not less than five percent (5%) of the bid price is required for this project. Additional bonding requirements may be specified in the Special Provisions of this solicitation. The Bid Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner deemed satisfactory by the City of Boynton Beach. 591 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 14 If a bid guarantee is required, the bidder should upload a true copy of the Bid Bond to the City’s website at the time of online submission via Bids and Tenders. Specific Instructions: A bid security bond is required for this project. An acceptable Bid Bond, Cashier’s Check, Money Order, Irrevocable Letter of Credit, or Certified Check for five percent (5%) of the bid price must accompany your bid. A scan or copy of the original Bid Bond should be submitted with your electronic bid response. The original Bid Bond (raised seal or thicker stock paper) must be received via U.S. Mail, air or ground courier, messenger service, or in person to the following address before the bid due date: City of Boynton Beach 100 East Ocean Ave, 4th Floor – Purchasing, Boynton Beach, FL 33435 The City may allow the original Bid Bond to be submitted within three (3) business days after the bid opening, provided the bidder uploaded a scanned copy of the Bid Bond with their initial submission. Failure to submit the original Bid Bond as outlined will result in the bid being deemed non- responsive. 1.13 BIDDER'S COMPLIANCE WITH FLORIDA STATUTES AND CITY CODES 1.13.1 ANTI-KICKBACK AFFIDAVIT Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Bid. 1.13.2 NON-COLLUSION AFFIDAVIT Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit this form with the bid. The City considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the bid. A Bidder shall not collude, conspire, connive or agree, directly or indirectly, with any other Bidder, 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 bid or of any other Bidder, or to fix any overhead profit, or cost elements of the bid 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 Bidder, or any person interested in the proposed work. The Bidder certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a bid on the same project. Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit this form with the bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the bid. 1.13.3 FOREIGN ENTITY AFFIDAVIT Through the submission of a bid for this ITB, Bidder ensures that it is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes); The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida 592 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 15 Statutes); The Entity is not organized under the laws of and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes); The Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. 1.13.4 ANTI-HUMAN TRAFFICKING AFFIDAVIT Each offeror shall complete and upload the Anti-Human Trafficking Affidavit to attest to the following: Through the submission of a bid for this project: Pursuant to section 787.06(13), Florida Statutes, the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking”. 1.13.5 CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Responding bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 1.13.6 E-VERIFY FORM UNDER SECTION 448.095 By submission of this bid, Bidder and if awarded, CONTRACTOR 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. Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security' s E-Verify System to verify the employment eligibility of: All persons employed by a Contractor to perform employment duties within Florida during the term of the Contract; and All persons (including sub-vendors/ subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the Contract with the City of North Lauderdale. 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 North Lauderdale; and 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 593 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 16 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. 1.13.7 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 By submission of this solicitation, BIDDER and if awarded project, 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 Petroleum 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 Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or Is engaged in business operations in Syria 1.13.8 ANTITRUST CAUSE OF ACTION (Bid Rigging) In submitting a bid to the City of Boynton Beach, the Vendor offers and agrees that if the bid is accepted, the Vendor will convey, sell, assign, or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Vendor. 1.14 SUB-CONTRACTORS 1.14.1 If a Bidder utilizes sub-Contractors for any portion of a Contract for any reason, the Bidder should state the name and address of the sub-Contractor and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub-Contractor.” 1.14.2 The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a sub-Contractor is named and to make the award to the Contractor, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. 1.14.3 The City also reserves the right to reject a submission of any Bidder if the solicitation names a sub-Contractor 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. 1.14.4 The City reserves the right to inspect all sub-contractor facilities to determine the foregoing. 1.14.5 The sub-contractor will be equally responsible for meeting all requirements specified in this Invitation to Bid (ITB). 1.15 ESCALATOR CLAUSE 1.15.1 Any bid submission subject to an escalator clause will be rejected. 594 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 17 1.16 EXCEPTIONS BY BIDDER 1.16.1 Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the submission. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted bid on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the bid submission. 1.16.2 The use of the Bidder’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 1.17 QUANTITIES 1.17.1 Quantities shown are estimates only. 1.17.2 No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. 1.17.3 The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 1.18 BID TABULATION 1.18.1 When a bid closes an unofficial bid, the tabulation will be posted online at https://boynton-beach.bidsandtenders.org. Responding firms can download the unofficial bid tabulation using the link provided above. 1.18.2 Per Florida Statute 255.0518, the City will publicly open all construction or repairs on a public building or public work. 1.18.3 The City shall issue an intent to award for the lowest responsible and responsive bidder. 1.19 UNBALANCED BIDS 1.19.1 When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing submittal, the City reserves the right to reject such bid submission. 1.20 UNIT PRICES AND ADDITIONAL QUANTITY 1.20.1 The City reserves the right to acquire additional hours or quantities of the requested items/services at the prices offered in this solicitation. 1.20.2 If additional quantities are not acceptable, the price proposal sheets must be noted: “BID IS FOR SPECIFIED QUANTITY ONLY”. 1.20.3 Where a discrepancy between the unit price and the total price is indicated on a Responding firm’s online submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 1.21 TIE BIDS 1.21.1 If two or more bidders are tied, the tie may be broken, and the successful vendor selected by the following criteria will be presented in order of importance. a. Delivery time if provided in the original bid by the bidders. b. Location of the vendor with the shortest distance (in miles) from the City of Boynton Beach's City Hall. Distance will be determined by using the vendor's address. c. If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the time stamp within the e- procurement system. 595 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 18 d. Random lottery drawing conducted by the City Clerk. 1.22 EXECUTION OF SOLICITATION DOCUMENTS 1.22.1 Bid submissions to this solicitation should contain a manual or digital signature of an authorized representative in the space provided on all affidavits and applicable forms. 1.23 SOLICITATION DEADLINE 1.23.1 The Bidder is responsible for ensuring the bid is submitted electronically by or at the proper time and date before the solicitation deadline. 1.23.2 The e-procurement solicitation system does not permit late submission responses. 1.24 CITY’S RIGHT TO REJECT BID SUBMITTALS 1.24.1 The City reserves the right to reject any bid if the evidence submitted by the proposer, or if the investigation of such proposer, fails to satisfy the City that such proposer is properly qualified to carry out the obligations and to complete the work contemplated. 1.24.2 Any or all bids will be rejected if there is reason to believe that collusion exists among proposers. 1.24.3 The City reserves the right to reject any bid if the evidence submitted by the Bidder, or if the investigation of such Bidder, fails to satisfy the City that such Bidder is appropriately qualified to carry out the obligations and to complete the work contemplated. 1.24.4 Any or all bids will be rejected if there is reason to believe collusion exists among Bidders. 1.24.5 A bid may 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. 1.24.6 The City reserves the right to reject any or all bids, 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. 1.24.7 No bid will be canvassed, considered, or accepted which, in the opinion of the City, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify bids for all items called for in the schedule shall render the bid informal. 1.24.8 The City also reserves the right to the following: a. Reject any or all bids. b. Reject or cancel any or all submissions during the procurement process. c. Reissue a solicitation Invitation to Bid (ITB). d. Extend the ITB question deadline and closing time and date. e. Present an item to the City Commission to do what they feel is in the City's best interest. f. Procure any item by other means. g. Increase or decrease the quantity specified in the Invitation to Bid (ITB). h. Consider and accept an alternate ITB as provided herein when most advantageous to the City. i. Waive any defect, irregularity, or informality in any ITB procedure. j. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any bid deemed to be the most responsive, responsible Bidder(s) representing the most advantageous submission to the City. 596 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 19 k. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Bidder’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements/contracts with the City or other government entities. 1.25 DISQUALIFICATION OF BIDDER 1.25.1 More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. 1.25.2 All bids shall be rejected if there is reason to believe collusion exists between Bidders. 1.25.3 Automatic disqualifiers are as follows: a. The Bidder not being licensed to perform the required work outlined within the ITB. b. If the Bidder demonstrates that they cannot or have not performed the required work outlined within the ITB. c. Not being eligible to submit a bid due to violations listed under “Public Entity Crimes. d. As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Responding firm’s officers and/or employees, by the Boynton Beach Police Department. Responding firm’s submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Responding firm’s qualifications. 1.26 NO SUBMITTAL 1.26.1 A NO SUBMITTAL response can be submitted online through bids&tenders the e- procurement system. 1.27 INTERPRETATIONS/CONE OF SILENCE/LOBBYING 1.27.1 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. 1.27.2 A cone of silence shall be imposed upon each competitive solicitation as of the advertisement of the bid 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. 1.27.3 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.) 1.27.4 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. 1.27.5 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. 597 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 20 1.27.6 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. 1.27.7 To ensure fair consideration for all Bidders, 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. 1.27.8 If the Bidder 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 Bidder 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. 1.28 TRADE SECRET 1.28.1 Any language contained in the Bidder’s submission purporting to require confidentiality of any portion of the Bid, except to the extent that certain information is, in the City’s opinion, a Trade Secret pursuant to Florida law, shall be void. 1.28.2 If a Bidder submits any documents or other information to the City that the Bidder claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. 1.28.3 The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. 1.28.4 The City shall be the final arbiter of whether any information contained in the Bidder’s bid constitutes a Trade Secret. 1.28.5 The City’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Bids purporting to be subject to copyright protection in full or in part will be rejected. 1.28.6 EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR BID AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR BID OR ANY PART THEREOF AS COPYRIGHTED. 1.29 WITHDRAWAL OF BID 1.29.1 Any Firm may, without prejudice to their self may withdraw their bid at any time prior to the expiration of the time during which bids may be submitted. 1.29.2 The request for withdrawal must be completed online at https://boynton- beach.bidsandtenders.org /Module/Tenders/en if requested prior to the bid opening date and time. 1.29.3 After the expiration of the period for receiving bids, no bid can be withdrawn or modified. 1.30 PROTEST PROCEDURE 1.30.1 Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Director, via 598 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 21 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. 1.30.2 The bond will be refunded to a protester if the protest is upheld. 1.30.3 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 intent to award an agreement/contract, the protest must be received no later than THREE (3) regular business days after the date of notification of the intent to award by a member of the purchasing staff. c. The intent to award an agreement begins the three-day timeline to protest. 1.30.4 Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.31 CONFLICT OF INTEREST / GIFT POLICY 1.31.1 Through the Bid Submission, the Bidder 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. 1.31.2 All Bidders 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 Bidder’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 Bidder considered for a City contract. In addition, the Bidder 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 Bidder. b. ORGANIZATIONAL CONFLICT OF INTEREST: The Bidder shall not have activities or relationships I. causing the Bidder to be unable, or potentially unable, to render impartial assistance or advice to the City; II. impairing the Bidder's objectivity in performing the contract work; or III. resulting in an unfair competitive advantage. 1.32 GIFT POLICY 1.32.1 No Bidder 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. 599 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 22 1.32.2 Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Bidder who is a party to, or receives a benefit from, this agreement/contract. 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS 1.33.1 It is the desire of the City of Boynton Beach to increase the participation of minority- owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.34 AWARD OF CONTRACT 1.34.1 The City intends to award this bid to the lowest responsible and responsive responding bidder. 1.34.2 The City reserves the right to accept or reject any or all bids and waive any informality concerning the Invitation to Bid when such rejection or waiver is deemed to be in the City's best interest. 1.34.3 The City reserves the right to award the ITB on a split order basis, lump sum, or individual item basis unless otherwise stated, whichever is in the City's best interest. 1.34.4 In no case will the award be made until all necessary investigations have been made into the Bidder's responsibility and the City is satisfied that the most qualified, responsive, responsible Bidder 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 LOCAL BUSINESS PREFERENCE 1.35.1 The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue-generating contracts where award, if any, is to be made to the Vendor returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid/proposal”. 1.35.2 In order to be considered for a local business preference, a Vendor must include the Local Business Status Certification Form at the time of bid or proposal submittal. Failure to submit the form at the time of bid/proposal submittal will result in the Vendor being found ineligible for the local business preference for this solicitation. 1.36 SAMPLE DRAFT AGREEMENT 1.36.1 This Invitation to Bid for review contains a sample draft agreement the City intends to execute with the successful firm(s). 1.36.2 Any exceptions taken to the terms and conditions of the City’s agreement shall be considered a part of Bidder’s solicitation response and will be considered by the City in its evaluation. 1.36.3 Any exception not specifically stated is deemed waived. 1.36.4 Submission of any exceptions to the agreement does not denote acceptance by the City. 600 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 23 1.36.5 Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City and ultimately may impact the overall evaluation of a bidder’s submittal. 1.36.6 The City reserves the right to modify the contract language prior to execution following the selection of the lowest responsive and responsible bidder. 1.37 SIGNING OF CONTRACT 1.37.1 If the construction project is over $200K, the intent to award the ITB must be presented to the City Commission for approval. 1.37.2 The City will request the upfront signing from the Successful Bidder of the Contract before placing the item for approval on the commission agenda. 1.37.3 The Successful Bidder should sign and deliver the Contract to the city with the required insurance certificates. 1.37.4 After the contract is fully executed by the City, the Contractor shall be responsible for obtaining the payment and performance bonds as outlined below (if applicable) per Florida Statute 255.05 and return two certified copies to the City. 1.38 PAYMENT AND PERFORMANCE BOND 1.38.1 Upon award of the Contract, Payment and Performance Bonds in the total amount submitted for this ITB will be required within (15) calendar days of award and shall continue in effect until contract expiration. Such bonds shall continue for the full term of the Agreement. 1.38.2 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public Records of Palm Beach County at the Bidder’s expense. 1.38.3 Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 1.38.4 NOTE: Each Bond shall consist of anywhere from 10 t pages, for both the Payment and Performance Bond. 1.38.5 This may cost up to $200.00, depending on the project. 1.38.6 The fee to record this bid with the county shall be included in the bid tabulation form. For more information regarding the process of recording the bid with Pam Beach County, contact Palm Beach County Clerk’s Office at www.mypalmbeachclerk.com. 1.38.7 Payment and Performance Bonds must be submitted on City forms that will be provided to the Contractor. 1.38.8 All bonds – Performance, Payment, and Warranty Bonds, shall meet the City’s ratings. 1.39 ON PUBLIC ENTITY CRIMES CONVICTED VENDOR LIST 1.39.1 All Invitation To Bid 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, proposal, or reply on a contract or 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, 601 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 24 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 Grantee, 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”. 1.40 BUSINESS INFORMATION – JOINT VENTURE 1.40.1 If a bidding firm is a Joint Venture for the goods/services described herein, the Bidder shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 1.41 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING 1.41.1 Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Contractor. 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. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 602 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 25 SECTION II – SPECIAL CONDITIONS I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION 25-093B NOTE: Upon final award of any Agreement as a result of this solicitation, the successful firm or individual receiving the award shall become the Contractor and shall be responsible for complying with the requirements enumerated in these Special Conditions. 2.1 HISTORY AND BACKGROUND OF THE CITY OF BOYNTON BEACH The City of Boynton Beach covers an area of approximately 16.5 square miles and is home to approximately 80,000 residents. The city's government operates under a Council-Manager system, with the City Commission as the legislative body. The Commission consists of five elected commissioners, including the Mayor, who is chosen from among the commissioners. Each commissioner serves a four-year term and represents the community's interests in the policymaking process. Though the Mayor presides over Commission meetings, their powers largely align with those of the other commissioners. Boynton Beach offers its residents a wide range of essential services, including law enforcement, emergency medical services, fire protection, water and sewer utilities, library services, refuse collection, a municipal golf course, and various parks and recreational facilities. Incorporated in 1920, Boynton Beach has operated under the Commission-Manager form of government. 2.2 PURPOSE OF PROJECT This project involves relocation, adjustment, and/or protection of existing water and wastewater utility infrastructure to support an FDOT interchange improvement project. The successful vendor awarded shall be responsible for coordinating all work activities with the FDOT Project General Contractor and for performing the work in accordance with the FDOT Project construction schedule (Appendix B). 2.3 SCOPE AND DESCRIPTION OF WORK The Florida Department of Transportation (FDOT) has proposed an interchange improvement project to SR 9/I-95 and SR 804/Boynton Beach Boulevard in Palm Beach County (FDOT project No. 435804-1-52-01). FDOT and the City of Boynton Beach (City) have entered into a Utility Work Agreement (UWA), which includes a Utility Work Schedule (UWS) that identifies different work activities that the City is required to perform within the activity construction duration in support of the FDOT project. The project location lies between Old Boynton Road and NW 3rd Street along Boynton Beach Boulevard at SR 9/I-95 and involves relocation, adjustment, and/or protection of existing water and wastewater utility infrastructure of the water and wastewater mains and appurtenances. The design plans associated with the FDOT Project are included in Appendix B, Appendix C, Appendix D, Appendix E, and Appendix F for reference. All work to be performed under this Contract shall be in accordance with the Utility Relocation Plans included in Appendix A and the project specifications. In certain circumstances, due to FDOT's Traffic Control requirements, the Contractor may work at night or weekends and should request written consent from the City’s Project Manager to perform this work. 603 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 26 2.4 GENERAL REQUIREMENTS The Contractor shall furnish all labor, tools, equipment, materials, supplies, manufactured articles, furnishing all transportation and services, including fuel, power, water, essential communications, etc., as necessary to complete the project, as indicated in the Special Conditions, Special Provisions, Project Design Plans, Technical Specifications and ITB No. 25-093B as may be included in documents herein, along with all engineering, shop drawings, and other documentation necessary to obtain all applicable permits and all bonds, securities, licenses, and insurance to complete the project as specified herein and within the Project Design Plans. All proposed improvements shall be completed in accordance with the project bid documents, design plans, details, technical specifications/scope of work, and all applicable federal, state, county, and local regulatory requirements. 2.5 LICENSES To be eligible for award of this project, the Bidder must possess at the time of bid opening, all the following certificates/licenses or any certificate/license that can meet, exceed, or legally perform the scope of work will be acceptable, as determined by the state or county licensing agency. State Certified General Contractor License, defined by F.S. 489.105 3a, or State Certified Underground Utility and Excavation Contractor License. Minimum Experience Requirement: The Bidder must have a minimum of three (3) years of verifiable experience and must have successfully completed at least three (3) municipal projects of similar size, nature, and scope. The City reserves the right to request documentation or references to confirm compliance with this requirement. When the successful Contractor is performing work in other locations outside of Palm Beach County or the State of Florida, the Contractor shall be subject to the requirements for all appropriate local jurisdictions. 2.6 PROJECT TIMELINE Project substantial completion shall be within Six Hundred Eighty-Six (686) calendar days from Contractor’s receipt of City’s Notice to Proceed. Final Completion shall be Seven Hundred Sixteen (716) calendar days from the date of substantial completion, One Thousand Four Hundred Two (1402) calendar days. 2.7 ENGINEERS ESTIMATE The project estimate is THREE MILLION EIGHT HUNDRED TWENTY-SIX THOUSAND EIGHT HUNDRED FORTY-EIGHT DOLLARS AND ZERO CENTS ($3,826,848.00). 2.8 LIQUIDATED DAMAGES Due to the critical importance of timely project completion, the Contractor shall be liable to the City for liquidated damages in the amount of One Thousand Eight Hundred Dollars and Zero Cents ($1,800.00) for each calendar day that any individual requirement remains incomplete beyond the specified and mutually agreed-upon timeframe, including any approved extensions. This applies until the project reaches Substantial Completion—meaning it is sufficiently complete for its intended use, in accordance with the Contract Documents, and free of any safety concerns. Should delays occur beyond the timeframe stipulated in the Contract Documents for Final Completion—following Substantial Completion—additional liquidated damages shall be assessed at a rate of Four Hundred Fifty Dollars and Zero Cents ($450.00) per calendar day until the project is fully completed and eligible for final payment. These amounts are not penalties, but rather mutually agreed-upon liquidated damages, acknowledging the difficulty of precisely calculating the actual harm caused by such delays. Both 604 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 27 parties recognize the need to avoid disputes regarding these damages and agree to these terms as a fair and reasonable measure. The City reserves the right to deduct such liquidated damages from any funds due or that may become due to the Contractor. If the funds withheld are insufficient to cover the total amount owed, the Contractor shall remain responsible for paying the balance in full. Additionally, the Contractor shall reimburse the City for any and all costs incurred for extended engineering, inspection, and administrative services required due to the delay, until the work is complete. 2.9 ENUMERATION OF PRECEDENCE OF BID DOCUMENTS If any portion of the Bid Documents contained herein appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. Fully Executed Agreement 2. Technical Drawings or Specifications, which may be referenced as an Exhibit or Attachment 3. The Scope of Work / The Specifications 4. General Provisions for Construction 5. The Special Conditions for Construction 6. The Special Conditions 7. The Instructions to Bidders 8. General Terms and Conditions As for conflicts between schedules and information provided on Drawings, the schedules shall govern; as for conflicts between figures given on Drawings and the scale measurements, the figures shall govern; as for conflicts between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 2.10 POST-COMPLETION SITE CLEANUP AND WASTE DISPOSAL Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Vendor shall remove from the site completed all machinery, equipment surplus, and discarded materials, and temporary structures. The disposal of all materials, rubbish, and construction debris shall be made at a legal disposal site or by another manner if prior approval is granted by the Project Manager. Materials cleared from the site and deposited on the adjacent or nearby property will not be considered as having been disposed of properly. 2.11 PERFORMANCE EVALUATION The selected Contractor may undergo a performance evaluation conducted by City Staff to assess performance. The Evaluation Form will be retained by the City with records on matters that shall include but not limited to: 1) errors and/or omissions by way of recording all change orders identified as such, for the purpose of recovery for premium costs, 2) evaluate whether reimbursement of premium costs is appropriate and 3) evaluate performance for consideration in future projects. Attachment “B” enclosed within this document illustrates a sample evaluation form used by the City for services provided by the Contractor. 2.12 U.S. PRODUCED IRON AND STEEL Work must comply with the requirements of Section 255.0993, Florida Statutes, which requires any iron or steel product permanently incorporated in the project must be produced in the United States. 2.13 INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be 605 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 28 inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 2.14 PERFORMANCE, PAYMENT AND WARRANTY BONDS 2.14.1 If stated on the cover page, the City may request within fifteen (15) calendar days after contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of One Hundred Percent (100%) of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract; and each bond shall be properly recorded with Palm Beach County. (As stated below) 2.14.2 The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. 2.14.3 The required bonds shall remain in full effect for a period of one (1) year following the date on which final payment becomes due, unless otherwise stipulated by applicable law, regulation, or the Contract Documents. Upon issuance of final payment, the bond amount may be reduced to twenty-five percent (25%) of the original Contract price. Alternatively, a separate Warranty Bond may be provided, conditioned upon the Successful Bidder’s obligation to correct any defective or faulty workmanship or materials that become apparent within one (1) year after final completion of the Contract, upon notification by the City. The Warranty Bond shall fully cover the cost of both labor and materials associated with any required corrective work. 2.14.4 Per the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Bond or Bonds referenced above shall be recorded in the public records of Palm Beach County. Proof of recording must be submitted to the City prior to issuance of a purchase order. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 2.15 SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the 606 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 29 Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 2.16 ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the Boynton Beach City Commission. No such approval will be construed as making the City a part of or to such assignment or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal directly through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that the firm will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2.17 INSURANCE REQUIREMENTS 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. Insurance requirements can be found in Attachment “A”. 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 Boynton 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 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. 2.18 TERMINATION The City, by written notice, may terminate in whole or in part any Agreement resulting from this ITB when such action is in the best interest of the City. If the Agreements(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 supply actions short of delivery. 2.18.1 DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the Contractor, terminate the Agreement in whole or in part if the Contractor fails to satisfactorily perform any provisions of this Agreement, or fails to make progress so as to endanger performance under the terms and conditions of this Agreement, 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 in whole or in part because of default of the Contractor, the City may procure goods and/or services similar to those terminated, and the Contractor shall be liable for any excess costs incurred due to this action. 607 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 30 If it is determined that the Contractor 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 Contractor), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". 2.18.2 TERMINATION FOR CONVENIENCE OF CITY Whenever the interests of the City so require, terminate the Agreement, 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 Contractor, specifying the portions of the Agreement to be terminated and when the termination is to become effective. If only portions of the Agreement are terminated, the Contractor has the right to withdraw, without adverse action, from the entire Agreement. Unless directed differently in the notice of termination, the Contractor 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 Contractor shall terminate outstanding orders and/or subcontracts related to the terminated work. Contractor shall indemnify the City against loss pertaining to this termination. 2.18.3 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. 2.18.4 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. 2.19 DIRECT OWNER PURCHASES The City reserves the right to issue purchase orders for materials to either the Contractor or the City’s suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 2.20 CONTRACTOR’S RESPONSIBILITY Contractor shall provide sufficient manpower to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule may only be made with the City's prior written approval. The Contractor shall provide a qualified, English-speaking superintendent present on the site always, as a fully authorized agent of the Contractor, and capable of making on-site decisions. The Contractor shall be responsible for removing from the job site and properly disposing of all residues at the end of each workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the Contractor's responsibility. Any material left on site overnight shall be properly marked and identified to ensure public safety. 608 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 31 2.21 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, infrastructures, site amenities, utilities, finishes, irrigation systems, structures, equipment, vehicles, etc., on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the assigned Project Manager and inform the appropriate staff member about the location and extent of the damages. 2.22 PERMITS AND LICENSES The successful Proposer shall be responsible for securing all necessary City, County, State, Federal or other permits as may apply for this project. Proposer shall submit copies of all permits to City. 2.23 SITE INSPECTION – CITY All work will be conducted under the general direction of the Public Works Department and Building Department of the City of Boynton Beach and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. 2.24 WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor about the Agreement. 2.25 PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of five percent (5%) will be deducted from each monthly payment through project completion, upon City review and approval. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the bid number, project name, project number, and purchase order number. The City has up to twenty-five (25) business days to review, approve and pay all invoices after receipt of an approved invoice. The Contractor shall invoice the City and provide a written request to the City to commence the one- year warranty period following the completion of all work, inspections, certificates of approvals, punch lists, etc., in accordance with the Contract Documents. All necessary Release of Liens and Affidavits shall be processed before the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 2.26 CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Bid Proposal (including all associated attachments, exhibits, appendices, etc.) executed and submitted by the Contractor, plans and specifications (where applicable), any addenda or bond(s), insurance certificate(s), and the City’s Resolution awarding the bid. Any change orders which may be issued after the award of the contract. All documentation MUST be uploaded to the City’s website. 2.27 CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases, or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until 609 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 32 such change order setting forth the adjustments is approved by the City and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 2.28 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 the specifications, 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 work which has not been described either herein or in a separate written amendment or change order. 2.29 CHANGES IN THE WORK/CONTRACT PRICE 2.29.1 CONTRACT PRICE The Contract Price constitutes total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 2.29.2 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 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/Engineer/Project Manager allows an additional period 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 because 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. 2.30 CHANGES IN CONTRACT TIME 2.30.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 2.30.2 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 fifteen (15) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 610 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 33 2.30.3 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 Contractor 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 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. Extensions of time for delays due to Contractor’s inability to perform work in a timely manner, failure to properly coordinate work that causes adverse impact on the project schedule or negligence to properly sequence the work in a manner to meet all project obligations in accordance with the Contract Documents shall not be accepted. 2.31 CITY’S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract or remove contract scope as it applies to those items in question and make such arrangements as the City deems necessary to complete the work. The City may recover from the Contractor as damages, the difference between the contract cost for the scope of work and actual cost to perform said work by the City, together with any incidental or consequential damages (including 10% markup) but less expenses saved in consequence of the Contractor’s breach. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor’s responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 2.32 LOCATION OF EXISTING UTILITIES 2.32.1 Existing GIS Utility map / Record Drawings (As-Builts) utilities may be requested or shown on the drawings. Such information is shown for design and/or general location purposes only, as the City does not guarantee any type of accuracy, completeness or date of data, as this data offered should not be considered a replacement for any due diligence (survey, location or placement of any utilities, determination of flood zones, land use, zoning, or as a description of property or property ownership) that is required by the Contractor. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers, public utilities, electrical, mechanical, plumbing and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. 2.32.2 Damage to any of the City’s utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor’s expense. 2.32.3 The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. 611 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 34 2.32.4 No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 2.32.5 Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. 2.32.6 Should any underground obstructions be encountered that interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work and shall be responsible for any disruption of service caused by this damage. 2.33 CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re-schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 2.34 CONTINGENCY FUNDING ALL CONTINGENCY SUMS ARE CITY’S CONTINGENCY AND REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City’s funds. The City may approve the use of contingency funds only for the purpose of defraying the expenses due to unforeseen conditions, extra work, and circumstances relating to construction unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor’s bid amount and not for use by the City to increase the scope of work. The Contractor shall obtain prior written approval from City prior to the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by City. All uncommitted contingency funds shall remain the funds of City. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 612 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 35 SECTION III – GENERAL TERMS AND CONDITIONS I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION ITB NO. 25-093B 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. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders 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 Bidder shall not be a cause for relief from responsibility. 3.2 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. 3.3 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. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 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. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer 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 Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub- contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors 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. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other 613 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 36 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. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). 3.9 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. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, 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. 3.10.3 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. 3.10.4 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. 3.10.5 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. 3.10.6 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. 3.10.7 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. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, 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 Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the 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. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder 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. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a 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 Bidder. 614 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 37 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission 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 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: 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. 3.16 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. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder’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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 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 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. 3.18.5 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. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder 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- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 615 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 38 3.20 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. 3.21 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. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. 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 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, 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 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 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 Agreement, Contractor 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 Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor’s possession. All records stored electronically by the 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 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. 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 616 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 39 THE CONTRACTOR’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 3.23 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. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 617 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 40 I-95 & BOYNTON BEACH BLVD. INTERCHANGE UTILITY RELOCATION ITB NO. 25-093B SECTION IV – BID SCHEDULE FORM ITEM NO SC0125 SECTION DESCRIPTION EST QTY UNIT UNIT COST VALUE 1 1.11 B Mobilization/Demobilization, Bonds, Insurance, and General Requirements, including utility locates and coordination 1 LS $ $ 2 1.11.C Interim Demobilization/Remobilization 8 EA $ $ 3 1.11.D Maintenance of Traffic 1 LS $ $ 4 1.11.E As-built Record Drawings 1 LS $ $ 5 1.11.F Professional Pre- and Post-Construction Photographs / Video of Construction Site 1 LS $ $ 6 1.11.F Indemnification 1 LS $ 25.00 $ 25.00 GENERAL ITEMS FOR WATER AND SEWER SYSTEMS 7 1.11.H Support & Protect Existing Water Main & Force Main Pipeline 340 LF $ $ 8 1.11.I Remove Curb 280 LF $ $ 9 1.11.I Remove Sidewalk 360 SY $ $ 10 1.11.I Remove Asphalt Pavement 1,130 SY $ $ 11 1.11.J Remove and Replace Asphalt Pavement 1,260 SY $ $ WATER SYSTEMS 12 1.11.K Furnish and Install 6" Line Stop on Existing Water Main 1 EA $ $ 13 1.11.K Furnish and Install 8" Line Stop on Existing Water Main 1 EA $ $ 14 1.11.K Furnish and Install 10" Line Stop on Existing Water Main 3 EA $ $ 15 1.11.K Furnish and Install 12" Line Stop on Existing Water Main 1 EA $ $ 16 1.11.K Furnish and Install 16" Line Stop on Existing Water Main 2 EA $ $ 17 1.11.L Remove Existing 16” Water Main 100 LF $ $ 18 1.11.L Remove Existing 8” Water Main 50 LF $ $ 19 1.11.L Remove Existing 6” Water Main 50 LF $ $ 20 1.11.L Remove Existing 2” Water Main 100 LF $ $ 21 1.11.L Remove Existing 12” Steel Casing 40 LF $ $ 22 1.11.L Remove Existing 16” Steel Casing 30 LF $ $ 23 1.11.M Abandon in Place and Grout Fill Existing Water Main, 6" and 8" 20 CY $ $ 618 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 41 24 1.11.N Abandon in Place Existing Water Main 8" Valve 1 EA $ $ 25 1.11.O Furnish and Install 2” Water Main PE Pipe 100 LF $ $ 26 1.11.O Furnish and Install 3” Water Main PE Pipe 20 LF $ $ 27 1.11.O Furnish and Install 6” Water Main DIP 30 LF $ $ 28 1.11.O Furnish and Install 10” Water Main DIP 40 LF $ $ 29 1.11.O Furnish and Install 12” Water Main DIP 40 LF $ $ 30 1.11.O Furnish and Install 6” Water Main (C-900 PVC SDR18 or DIP Restrained Class 53) Pipe 110 LF $ $ 31 1.11.O Furnish and Install 8” Water Main (C-900 PVC SDR18 or DIP Restrained Class 53) Pipe, Greater than 10’ Deep 40 LF $ $ 32 1.11.O Furnish and Install 10” Water Main (C-900 PVC SDR18 or DIP Restrained Class 53) Pipe 60 LF $ $ 33 1.11.O Furnish and Install 16” Water Main (C-900 PVC SDR18 or DIP Restrained Class 53) Pipe 180 LF $ $ 34 1.11.P Furnish and Install Gate Vale, MJ, Double Disk, Non-Rising Stem, 6” 3 EA $ $ 35 1.11.P Furnish and Install Gate Valve, MJ, Double Disk, Non-Rising Stem, 10" 1 EA $ $ 36 1.11.P Furnish and Install 16" Butterfly Valve on Water Main 3 EA $ $ 37 1.11.P Furnish and Install 8" Insertion Valve on Water Main 3 EA $ $ 38 1.11.Q Adjust Valve/Meter Box Installed To FDOT Proposed Elevation 21 EA $ $ 39 1.11.R Relocate Existing Fire Hydrant 1 EA $ $ 40 1.11.S Furnish and Install Fire Hydrant with Gate Valve 1 EA $ $ 41 1.11.T Cut & Cap Existing 6" Water Main 1 EA $ $ SEWER SYSTEM 42 1.11.U Furnish and Install 8” Line Stop on Existing Force Main 1 EA $ $ 43 1.11.U Furnish and Install 12” Line Stop on Existing Force Main 2 EA $ $ 44 1.11.U Furnish and Install 16” Line Stop on Existing Force Main 1 EA $ $ 45 1.11.U Furnish and Install 20” Line Stop on Existing Force Main 1 EA $ $ 46 1.11.V Remove Existing 12” Force Main 30 LF $ $ 47 1.11.V Remove Existing 16” Force Main 220 LF $ $ 48 1.11.V Remove Existing 16” Force Main, Greater than 10’ Deep 70 LF $ $ 49 1.11.V Remove Existing 8” Force Main 70 LF $ $ 50 1.11.W Furnish and Install 8" Stainless Steel DI Restrained Pipe 20 LF $ $ 51 1.11.W Furnish and Install 8" Force Main Sewer C-900 PVC SDR18 Pipe 90 LF $ $ 52 1.11.W Furnish and Install 12" Force Main Sewer C-900 PVC SDR18 Pipe 30 LF $ $ 53 1.11.W Furnish and Install 16" Force Main Sewer C-900 PVC SDR18 Pipe 250 LF $ $ 619 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 42 54 1.11.W Furnish and Install 16" Force Main Sewer C-900 PVC SDR18 Pipe, Greater than 10’ Deep 80 LF $ $ 55 1.11.X Furnish and Install 12" Gate Valve on Force Main 1 EA $ $ 56 1.11.X Furnish and Install 8" Gate Valve on Force Main 1 EA $ $ 57 1.11.Y Raise Existing Manhole to FDOT Proposed Elevation 4 EA $ $ 58 1.11.Z Adjust Valve Installed to FDOT Proposed Elevation 2 EA $ $ 59 1.11.AA Furnish and Install Air Release Valve and Manhole 1 EA $ $ Notes: *Material for water main pipes in Item Nos. 30 to 33 may be bid as either C-900 PVC SDR18 or Ductile Iron Pipe (DIP) Restrained Class 53. **Ancillary work required to install the proposed improvements that is not explicitly called out with a pay item shall be considered incidental to the cost of the improvements and included in the bid price including, but not limited to, materials testing, dewatering, flow diversion, demucking, shoring, tree removal, etc. TOTAL BID PRICE (In Numbers) $____________ TOTAL BID PRICE (In Words): ___________________________________________________ (Amounts are to be shown in both figures and words. In case of discrepancies, the amount shown in words will govern for each bid item, unit price and total bid. Extended unit price shall prevail over total price for bid items based upon unit price.) 620 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 43 DRAFT - AGREEMENT CONSTRUCTION (CONTRACTOR) 621 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 44 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ________________________ FOR ________________________ This Construction Contract (the “Agreement”) is entered into by and 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 _______________ authorized to do business in the State of Florida, with a business address of _______________________________, hereinafter referred to as the “Contractor,” (each a “Party” and collectively the “Parties”). WHEREAS, ________________________________________; and WHEREAS, on _____________, the Purchasing Division issued _________________________ (the “ITB”) for the _______________________________Project (the “Project”); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated ______________ (the “Bid”); and WHEREAS, the City has selected the Contractor to perform construction services related to the Project; and, WHEREAS, at its meeting of _________________________, by Resolution No. _______, the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. The Contractor shall furnish all construction services necessary for the complete and proper construction of the Project, if not expressly indicated or called for in the Contract Documents (as defined in Article 10 below), and includes all labor, equipment, machinery, tools, materials, manufactured articles, supplies, documents, permits, traffic control, transportation, security, and other services and incidentals, including fuel, power, light, water, sanitary facilities, temporary facilities, and essential communications, and the costs of bonds, insurance, permitting, taxes warranties, general conditions, overhead and miscellaneous costs or expenses, necessary to construct the Project as described in the ITB and shown in the Contract Drawings and described in the technical specifications for the Project, and to fulfill Contractor's obligations under this Agreement as described in the Scope of Work detailed in the ITB (collectively the “Project” or the “Work”). 622 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 45 Article 2. CONSULTANT. Shall mean _______________________, who has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to the Consultant in connection with the completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME, TERMINATION, LIQUIDATED DAMAGES. 3.1 Contract Time. Time is of the essence for this Agreement. The Contractor shall proceed with the Work and conform to the Project Schedule attached as Exhibit A. Work shall commence on the date Notice to Proceed is issued by the City and be fully completed in accordance with the General Conditions, with such extensions of time as are provided in the General Conditions (the “Contract Time”). The Work will be substantially completed within ____________ (____) calendar days from the issuance of Notice to Proceed when the Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions and completed and ready for final inspection and payment in accordance with Paragraph 14.9 of the General Conditions within ____________ (____) calendar days from the date of Substantial Completion (the “Contract Time”). 3.2 Termination for Convenience. This Agreement may be terminated in whole or in part by City for convenience, without cause, upon providing seven (7) business days' written notice to Contractor for such termination in accordance with Paragraph 15.3 of the General Conditions. Upon such termination, the Contract Price earned to the date of termination shall be paid to the Contractor, but the Contractor waives any claim for damages, including loss of profits, arising out of or related to the early termination. Contractor may not recover overhead or profit for Work not performed. Those Agreement provisions that, by their nature, survive final payment shall remain in full force and effect. 3.3 Termination for Cause. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained or as set forth in Paragraph 15.2 of the General Conditions, if such neglect or failure shall continue for thirty (30) days after receipt by Contractor of written notice of such neglect or failure. If Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify City against loss pertaining to this termination. If the City terminates this Agreement for cause, the Contractor shall not be relieved from any of its obligations under the Contract Documents and shall not be entitled to receive any further payment until the City’s costs to complete the Work are determined. In no event shall the Contractor receive any payment for Work finished by the City. The City shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of engineers/architects, attorney and other professional fees, court costs, and other damages incurred by the City. The City shall not be required to obtain the lowest price for the Work to be performed, but the costs paid by the City must be reasonable. If the Contract Price exceeds the City’s costs to finish the Work, the City shall retain the excess. If the City’s costs exceed the unpaid balance, the Contractor shall pay the difference to the City. This obligation for payment shall survive the termination of this Agreement and final payment. 623 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 46 If the Contractor's Surety is directed or agrees to complete the Work, all payments due after termination shall be made to the Surety until the Work is complete and/or the Contract price has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Agreement, and the Bond to fulfill all obligations of the Contract Documents for the Contract Price in effect as of termination. The Surety may not assign those obligations without the City's written consent. The Surety shall be responsible for paying all costs relating to the Contractor's termination. Contractor and its Surety shall be jointly and severally liable for all costs over the Contract Price for completion of the Work and Liquidated Damages. If, upon termination for cause, it is determined that the Contractor was not in default, the rights and obligations of the Parties shall be as if the notice of termination had been issued for the City’s convenience. 3.4 Contractor Obligations Upon Termination. Upon receipt of written notice from City of termination, Contractor shall: (i) cease operations as directed by City in the notice; (ii) take actions necessary, or that City may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed before the effective date of termination stated in the notice, and if directed by City, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. The City may assume and become liable at its sole discretion for obligations, commitments, and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said project. City shall reimburse Contractor for any unpaid and earned project cost as of the termination date, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the City may require for fully vesting in it the rights and benefits of the Contractor under such obligations or commitments. 3.5 Liquidated Damages. The City and Contractor recognize and acknowledge that time is of the essence for the Contractor’s performance of this Agreement and that the City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The Contractor shall pay the City ________ Dollars ($_______) per calendar day for each day or part of a day after scheduled substantial completion, as specified in Paragraph 3.1 that Substantial Completion is not achieved until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the City, Contractor shall pay City ________________ ($_______) per calendar day for each day or part of a day that final completion is not achieved after the time specified in Paragraph 3.1 for final completion and readiness for final payment. (the “Liquidated Damages”). 624 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 47 The Contractor further acknowledges that the City is entitled to deduct any Liquidated Damages to which the City is entitled from the final payment to the Contractor. If the amount of Liquidated Damages due to the City exceeds the final payment amount, the Contractor shall pay the difference to the City. This obligation for payment shall survive the expiration or termination of this Agreement and final payment. The City does not waive any rights or other remedies under this Agreement by collecting Liquidated Damages. Liquidated Damages will continue to be charged in the event of the Contractor’s default and continuation of the Work by City or Surety. The Parties agree that the amounts established in this section are not penalties but are Liquidated Damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages are hereby fixed and agreed upon between the Parties based on (1) mutual recognition of the impossibility of precisely ascertaining the amount of damages that the City will sustain as a consequence of the Contractor’s failure to obtain Substantial Completion, Final Completion, or both timely; and (2) both Parties’ desire to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to achieve Substantial Completion, Final Completion, or both, on time. These Liquidated Damages shall apply separately to each portion of the Project for which a deadline for Substantial Completion, Final Completion, or both is given. Liquidated Damages do not address costs incurred by the City or Consultant in having the Consultant administer the construction of the Project beyond the deadlines for Substantial Completion, Final Completion, or both. The Contractor is separately responsible to the City for the actual costs referenced above, pursuant to Article 13. Article 4. CONTRACT PRICE. The City agrees to pay the Contractor for the completion of all Work and the Project, and the Contractor will accept, as full compensation for the completion of the Work, a total sum as follows: Based on the Contract Price(s) shown in the Bid Form submitted to the City as may have been subsequently negotiated and as stated herein, a copy of such Bid Form attached hereto as Exhibit B, the aggregate amount of this Agreement (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: __________________________ ($__________) (the “Contract Price”), subject only to adjustment as provided in the General Conditions. Contingency Funds. All contingency sums are the City’s contingency and remain the City's property until the expense is approved. The Contract Price shall not include any contingency amounts. If this Agreement or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City’s funds. The City may approve the use of contingency funds only to defray expenses due to unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor’s bid amount, nor for use by the City to increase the scope of work. Contractor shall obtain prior written approval from the City before the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances before the release of such funds by the City. All uncommitted contingency funds remain the funds of the City. 625 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 48 Contingency. City and Contractor agree that the Project budget shall include City’s contingency, which shall be utilized as outlined above. The Contingency shall be ____% or $______________ to account for any unforeseen conditions only approved by the City Manager. Article 5. PAYMENT PROCEDURES. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The City will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. A. The Contractor may submit an Application for Payment as recommended by the Consultant for Work completed at intervals of no more than once a month. All progress payments will be based on the progress of Work measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and, in the case of Unit Price Work, based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. The Schedule of Values must be reviewed and approved by the City before the first Application for Payment is submitted B. Before Substantial Completion, progress payments will be made in an amount equal to 95% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as the Consultant shall determine, or the City may withhold, in accordance with Paragraph 14.5 of the General Conditions. C. Contractor shall submit with each Application for Payment, an updated progress schedule acceptable to the City and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the City for approval. The City shall pay the Contractor within thirty (30) calendar days after approval by the City of the Contractor’s Application for Payment and submission of an acceptable updated progress schedule. 5.2 Withheld Payments. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss if: a. Defective Work or material is not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. c. The Contractor fails to properly pay subcontractors for materials or labor or vendors and manufacturers for equipment, supplies, and materials. d. Damage to the City or another Contractor that remains unresolved. e. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. f. Reasonable evidence that the Work cannot be completed within the schedule. g. Repeated failures to carry out the Work in accordance with the Contract Documents. h. The Contractor is in default of any condition of this Agreement. i. The Contractor fails to submit information required by this Agreement. j. Lapse of Contractor’s insurance coverage. k. Claims filed or reasonable evidence indicating public filing of claims by the City or 626 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 49 third parties against the Contractor. l. The City has the right to claim Liquidated Damages or costs incurred by the City for extended construction administration. m. Failure of Contractor to provide any document(s) required by the Contract Documents. When the above grounds are removed or resolved, or the Contractor provides a Performance Bond, Surety Bond, or consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 5.3 Retainage. All retainage shall be withheld in accordance with Florida law, including but not limited to Sections 255.077 and 255.078, Fla. Stat. The City shall withhold retainage of five percent (5%) of all monies earned by the Contractor from each progress payment paid to the Contractor until Final Completion of the Work (defined as that point at which the Contractor has performed one hundred percent (100%) of the Work) has been reached and acceptance by City. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City and the Contractor will inspect the Work and develop a punch list covering those items required to render complete, satisfactory, and acceptable Work. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City and Contractor cannot agree on an item or value, the City has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within twenty (20) business days after the creation of the final punch list, the City shall pay the Contractor the remaining contract balance, including any retainage, less one hundred fifty percent (150%) of the amount listed in the final punch as the cost to complete the punch list items. Upon final acceptance for an item or all items, the 150 percent withheld for each item will be released with the final payment. For projects valued at $10 million or more, the 30 calendar days may be extended to 45 calendar days. If the City has grounds under Florida law to continue to retain all or a portion of the requested retainage, the City may continue to hold all retainage. If the Work is not on schedule when the request for payment of retainage is submitted, the City may continue to hold all retainage and charge the Contractor all applicable Liquidated Damages authorized by Article 3 above. 5.4 Final Payment. Upon completion of all requirements for substantial completion and final completion and acceptance of the Work in accordance with Paragraph 14.10 of the General Conditions, the City shall pay the remainder of the Contract Price and release any retainage, as recommended by the Consultant as provided in Paragraph 14.10. The Contractor acknowledges that final payment shall not be made until the City receives a consent of Surety. Additionally, before final payment, the Contractor shall submit a final waiver and release of lien, as well as final releases from all suppliers and subcontractors who worked on the Project. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. If the Contractor fails to submit all documents required for final payment within one (1) year after final completion, any amounts owed as final payment shall be forfeited. The City shall provide written notice to the Contractor at least 627 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 50 sixty (60) days before forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 5.5 Local Government Prompt Payment Act. All payments shall be governed by the Local Government Prompt Payment Act, as outlined in Part VII, Chapter 218, Fla. Stat. 5.6 Payment Where Public Construction Bond Required. If this Agreement requires the Contractor to provide a Public Construction Bond of Performance and Payment Bonds, no payment shall be made by the City to the Contractor until the Contractor has provided the City with a certified copy of the Bond(s) evidencing that said Bond(s) have been recorded with the Clerk of the Courts in the Public Records of Palm Beach County, in accordance with Section 255.05, Fla. Stat. Article 6. BONDS. The Contractor shall provide bonds in accordance with Article 5 of the General Conditions. 6.1 Performance Bond. In accordance with the provisions of Section 255.05, Fla. Stat., and as required by the Contract Documents, the Contractor shall provide, on forms furnished by the City, a Public Construction Bond in an amount not less than the total Contract Price by a Surety Company acceptable to City. The Bond shall guarantee the Contractor’s performance and payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying the Contractor with labor, materials, or supplies used directly or indirectly in the Work provided for in this Agreement. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, the Contractor agrees that the following language shall be expressly included within the language of its Bond: “The Surety expressly agrees to be bound by all terms and conditions related to Liquidated Damages, delay and time, or impact-related damages. The Surety shall be bound by the warranty or warranties contained in the Contract Documents and shall be responsible for any and all warranty obligations or damages resulting from latent defects or deficiencies in the Work performed under this Agreement. The Surety waives all rights against the City and its agents and employees for damages or other causes of loss by the Surety’s performance of its obligations under this Bond, including claims by Surety against the City for costs it asserts were not warranted by the Contract Documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by City as fiduciary.” 6.2 Performance Bond and Payment Bond. Alternatively, the City may accept a Performance Bond and a Payment Bond, each in the amount not less than the total Contract Price, by a Surety acceptable to the City, on a form furnished by, or acceptable to, the City, instead of the Public Construction Bond. 6.3 Recording of Bond. Within ten days after receipt of the fully executed contract, the Contractor shall record its Bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded Bond to the City in accordance with Section 255.05, Fla. Stat. 6.4 Surety. To be acceptable to the City, a Surety Company shall comply with the following provisions: 628 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 51 (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have a valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code when the Contractor submits its Bid. (5) The Surety Company shall have at least the ratings of A-/Class V. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Article 7. CONTRACTOR GUARANTEE. For one (1) year after the date of Final Completion of the complete Work (and not from final completion of component parts of the Work) or for such longer periods as may be set forth with respect to specific warranties contained in the specifications (the “Warranty Period”), Contractor warrants to City that the Work will conform to the requirements of the Contract Documents and will be free from defects and fit for the purpose for which they were intended. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or under the Contractor, improper or insufficient maintenance by the City, improper operation by the City, or normal wear and tear and regular usage. Warranty by Contractor shall not be construed as a waiver by City of any other contract or legal remedy. Article 8. CHANGE ORDER. Except as otherwise provided in the General Conditions, this Agreement shall only be modified by a written Change Order executed by the Contractor and City. Commencing Work without a written Change Order or Change Directive executed by the City before the commencement of Work waives any claim by the Contractor to an adjustment to the Contract Price and the Contract Time related to such Work. It is expressly and specifically agreed that any and all claims for changes to the Contract Time due to delay shall be waived if not submitted in strict accordance with the requirements of the General Conditions. The Contractor waives all of its rights, including, but not limited to, claims for Contract Time and Contract Price adjustments if the Contractor fails to strictly comply with the requirements of the General Conditions. Article 9. CONTRACTOR’S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions. 629 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 52 Execution of this Agreement by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor deems its inspection of the site and review of information furnished by the City to be an adequate investigation. The Contractor represents that the plans and specifications are consistent, practical, feasible, and constructible within the scheduled construction time. The Contractor affirmatively covenants that the Contractor has observed no defects or discrepancies in the plans, specifications, or site and that if, during construction, any discrepancies, defects, etc., are discovered by or made known to the Contractor, the Contractor shall immediately communicate the same to the City. Article 10. CONTRACT DOCUMENTS. The term “Contract Documents” shall include all the terms and conditions and Project requirements contained in this Agreement, the Invitation to Bid, and the following documents, all of which, taken together, are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between the Contractor and City and supersedes all prior verbal and written agreements, understandings, negotiations, and discussions between the Parties. The terms and conditions of any Invitation to Bid issued regarding the Project and Work is incorporated herein and made a part of this Agreement. No verbal agreement or conversation with any City officer, agent, or employee before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in any of the documents comprising this Agreement. For convenience, not all of the Contract Documents may be attached to this Agreement, but they make up the Contract Documents, regardless of whether they are attached. 10.1 Contract 10.2 Insurance Advisory 10.3 General Conditions of Construction 10.4 Invitation to Bid 10.5 Instructions to Proposers / Bidders 10.6 Contractor’s Bid (including the Bid, Schedule(s), Submission Requirements of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 10.7 Special Terms and Conditions 10.8 Attachment “B” – Technical Specifications / Special Conditions 10.9 Contractor’s Bid Bond, Performance, and Payment Bond The Contract Documents are complementary, and wherever possible, the provisions of the documents shall be construed to avoid conflicts between the provisions of the various documents. In the event of a conflict, the more specific or more recent document shall control, generally in the order provided above. 630 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 53 Article 11. NOTICE. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy: 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 If sent to the Contractor, it shall be mailed to: _______________________________ _______________________________ _______________________________ _______________________________ Article 12. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents (“Indemnified Parties”), from and against any and all claims, obligations, liability, expenses, losses, and causes of action, including attorneys’ fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii) arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor’s indemnification shall be limited to one and one-half (1 1/2) times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties’ own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Fla. Stat., nor a waiver of any defense the City may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Agreement. Contractor and City agree that any liability of the City under this Agreement shall be limited to the amounts set forth in Section 728.68, Fla. Stat. This paragraph shall survive the expiration or termination of this Agreement. Article 13. REIMBURSEMENT OF CONSULTANT EXPENSES. 631 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 54 Should the completion of this Agreement be delayed beyond the specified or adjusted time limit, separate and apart from the Liquidated Damages stated in Section 3.5, the Contractor shall also reimburse the City for all expenses of consulting and inspection incurred by the City during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the City will be charged to the Contractor and deducted from payments due to the Contractor as provided by this Agreement. Said expenses shall be further defined as Consultant charges associated with the construction contract administration, including resident project representative costs. City may, but is not obligated to, deduct such costs from the monies due the Contractor for performance of Work under this Agreement using unilateral credit Change Orders issued by City as costs are incurred by the Consultant and agreed to by City. Article 14. FLORIDA’S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Fla. Stat. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City to perform the service; b. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, 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, the Contractor shall transfer to the City all public records in the Contractor’s possession at no cost to the City. All records stored electronically by the 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk@bbfl.US Article 15. E-VERIFY. The 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. 632 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 55 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 the Contractor’s violation of the statute, the Contractor may not be awarded a public contract for one (1) year after the termination date. Article 16. REPRESENTATIONS OF CONTRACTOR. 16.1 Authority. The Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Contractor has with any third party or violates applicable law. The Contractor further represents and warrants that execution of this Agreement is within the Contractor’s legal powers, and each individual executing this Agreement on behalf of the Contractor is duly authorized by all necessary and appropriate action to do so on behalf of the Contractor and does so with full legal authority. The Contractor, by execution of this Agreement, binds itself, its partners, successors, assigns, and legal representatives to all covenants, agreements, and obligations contained in this Agreement. 16.2 Duly Licensed. The 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. 16.3 Compliance with Laws. The Contractor shall comply with all applicable City, State, and Federal laws relating to the scope of work under this Agreement, now or hereafter in effect. It shall not be grounds for a change order that the Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 16.4 Lobbying Certification. The Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 16.5 Non-Collusion. In accordance with Section 838.22, Fla. Stat., the Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act which may result in an unfair advantage over other bidders or contractors. 16.6 Non-Discrimination. In performing under this Agreement, the Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation. Contractor or its subcontractor shall not unlawfully discriminate (as proscribed by federal, state, county, city, and any other local law) against any employee, city employee working with Contractor or its subcontractor, or applicant for employment with such Contractor or subcontractor based on that person's race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation, or association with members of such protected classes. The Contractor and its subcontractor(s) shall take action to ensure that applicants are not discriminated against and that employees are treated equally during employment. 633 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 56 16.7 Entities of Foreign Concern. The provisions of this section apply only if the Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. The Contractor represents and certifies: (i) the 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 the Contractor; and (iii) the 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, the Contractor and any subcontractor 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), Fla. Stat. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of payment. 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, Fla. Stat. 16.8 Anti-Human Trafficking. On or before the Effective Date, the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. 16.9 Public Entity Crime Act. The Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Fla. Stat., and represents that its entry into this Agreement will not violate that Act. The Contractor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Fla. Stat., 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. 16.10 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, Fla. Stat., and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Fla. Stat. Contractor represents and certifies that it is not, and for the duration of this Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Fla. Stat. Contractor represents that it is, and for the duration of this Agreement will remain, in compliance with Section 286.101, Fla. Stat. 16.11 Federal Labor / Employment Laws. In accordance with Section 255.20, Fla. Stat., the Contractor represents that it has not been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers’ compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. 16.12 Unauthorized Aliens. The knowing employment by the Contractor or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement, which results in unilateral termination. The Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 634 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 57 16.13 Safety and Environmental Laws. In performing the Work, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, applicable environmental laws, and any other applicable rules, regulations, and permits. The Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel throughout the term of this Agreement. Upon request, the Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. 16.14 Contingency Fee. The Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for the 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 the 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, Fla. Stat., the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a), Fla. Stat., is deemed included and fully incorporated herein. 16.15 Truth-In-Negotiation Representation. The Contractor’s compensation under this Agreement is based upon its representations to the City. The Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate the Contractor’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date the Contractor executes this Agreement. In its sole discretion, the Contractor’s compensation may be reduced by the City to correct any inaccurate, incomplete, or noncurrent information provided to the City as the basis for the Contractor’s compensation in this Agreement. Article 17. LIENS. The Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, the Contractor agrees to keep the project, the buildings thereon, and the property free of liens for or on account of any work done or materials furnished under this Agreement. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by City, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to discharge or bond the lien(s), City shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and City’s costs and reasonable attorneys’ fees incurred. Article 18. IRON AND STEEL PRODUCTS. If this Agreement is for a “public works project” as defined in Section 255.0993, Fla. Stat., then any iron or steel product permanently incorporated in the project must be produced in the United States, unless specifically exempted in writing by the City in accordance with Section 255.0993, Fla. Stat. Article 19. INSURANCE. 635 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 58 During the performance of the Work under this Agreement, the Contractor shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents and the General Conditions and provide originals or certified copies of all policies to the City’s Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. The Contractor shall be required to obtain all applicable insurance coverage before commencing any Work under this Agreement. Article 20. DEFAULT OF CONTRACT & REMEDIES. 20.1 Correction of Work. If in the judgment of the City, Work provided by the Contractor does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the Work to bring the Work into conformance without additional cost to City, and/or replace any personnel who fail to perform per the requirements of this Agreement. City shall be the sole judge of non-conformance and the quality of workmanship. 20.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by the Contractor: 20.2.1 The abandonment of the project by the Contractor for more than seven (7) calendar days. 20.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement, or neglect or refusal to comply with the instructions of the City’s designee. 20.2.3 The failure by Contractor to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by Contractor, where such failure shall continue for seven (7) calendar days after written notice thereof by City to Contractor; provided, however, that if the nature of Contractor's default is such that more than seven (7) calendar days are reasonably required for its cure, then Contractor shall not be deemed to be in default if Contractor commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 20.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by Contractor or any other party in a manner not expressly permitted hereunder. 20.2.5 The making by the Contractor of any general assignment or general arrangement for the benefit of creditors, or the filing by or against Contractor of a petition to have Contractor 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 Contractor, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets, or for Contractor’s interest in this Agreement, where possession is not restored to Contractor within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 636 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 59 20.3 Remedies in Default. In case of default by the Contractor, the City shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct the Contractor to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within thirty (30) days of when the City sent notice, the City may declare a default of the Agreement and notify the Contractor of such declaration of default and terminate the Agreement for cause in accordance with Section 3.3 of the Agreement. The Surety on the Performance Bond shall, within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of the Contractor and proceed to perform services under the Agreement, at its own cost and expense. City shall have all other rights available at law, in equity, or as otherwise described in the General Conditions. Article 21. 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 Section 768.28, Fla. Stat. Article 22. 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 prevent 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. Article 23. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation outlined in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation outlined 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. Article 24. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor concerning the Work provided under this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties hereto. Neither Contractor nor 637 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 60 any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor. The Contractor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. Article 25. OWNERSHIP AND USE OF DOCUMENTS. Any and all Construction Drawings produced for the City become the property of the City without additional payment by the City. The Contract Documents, in whole or in part, are to be used by the Contractor only for the Project and the Work and shall not be used by the Contractor for any other purpose without written authorization by the City. This prohibition shall survive the completion or termination of this Agreement. The Contractor may retain copies of Contract Documents for record purposes. For security reasons, building plans, construction drawings, security features, technical details, and specifications of City-owned facilities are not public documents. The Contractor may share these documents with employees and subcontractors as needed to perform the Work; however, the Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without the City’s prior written approval. Upon expiration or termination of this Agreement, any and all Construction Drawings and documents shall become the property of the City and shall be delivered by the Contractor to the City within seven (7) days after expiration or termination. Any compensation due to the Contractor may be withheld until all documents are received as provided in this Agreement. Article 26. ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees, expenses, and court costs through trial and appeal. Article 27. ANTITRUST VIOLATOR VENDORS. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. Article 28. NOTIFICATION. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator 638 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 61 vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Article 29. WAIVER OF CHAPTER 558, FLORIDA STATUTES. Pursuant to Section 558.005(1), Fla. Stat., the Contractor and City agree to opt out of the requirements of Chapter 558, Fla. Stat. Article 30. SURVIVAL. The Contract Documents and the Contractor's obligation to perform corrective Work survive the final completion of the Work and final payment. Article 31. TERMINATION FOR NON-APPROPRIATION. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein, as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year before costs are incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. If funds to finance this Agreement become unavailable, the City may terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. The City shall be the sole and final authority regarding the availability of funds. Article 32. 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. Article 33. GOVERNING LAW; JURISDICTION; VENUE; LITIGATION. 33.1 The Contract Documents shall be construed and interpreted, and the rights of the Parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. 33.2 The Contractor and City submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that the proper venue for any suit concerning this Agreement shall lie exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. The Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 33.3 WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE “PARTIES”) SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THE CONTRACT DOCUMENTS, OR ANY 639 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 62 COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONTRACTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PARAGRAPH'S PROVISIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Article 34. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITB and/or Bid, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the ITB; and (3) the Bid. 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. Article 35. REGULATORY CAPACITY. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred under the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. Article 36. PRIOR AGREEMENTS, AMENDMENTS, ENTIRE AGREEMENT. This Agreement, including the ITB, the Bid, and the Exhibits incorporated into it in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes 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 duly executed by the authorized representatives of the City and Contractor. Article 37. 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. Article 38. ASSIGNMENT. The Contractor shall not assign this Agreement in whole or in part without the written consent of 640 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 63 the City, which may be withheld, conditioned, or delayed at the City’s sole discretion. The Contractor shall not assign any monies due or to become due to it hereunder without the previous written consent of the City and Contractor’s Surety, with the Contractor acknowledging that until the final payment request is approved, the amount of monies due or to become due to Contractor or that may be due from Contractor to City has not been fixed or finally determined. Assigning this Agreement shall not relieve the Contractor or its Surety from any contract obligations. Article 39. NO WAIVER. The City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of its right or power to enforce such provision or a modification of this Agreement. The failure to assert a breach of a provision of this Agreement shall not be deemed a waiver of such breach or any subsequent breach, nor shall it be construed to be a modification of the terms of this Agreement. Article 40. 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. Article 41. EFFECTIVE DATE. This Agreement shall become effective on the date it is executed by the last Party to sign the Agreement (the "Effective Date"). The Effective Date shall be the date of the last signature below." (SIGNATURES ON FOLLOWING PAGE) 641 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 64 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH, FLORIDA CONTRACTOR NAME _________________________________ ________________________________ Rebecca Shelton, Mayor ________________________________ Date Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title ________________________________ Date Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 642 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 65 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 ______________, as ________________ of ________________________, a __________________, on behalf of the company. They are personally known to me or have produced ____________ as identification. _________________________________ NOTARY PUBLIC ___________________________________ (Name of Notary Typed, Printed, or Stamped) ______________________________ Commission No. 643 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 66 EXHIBIT A PROJECT SCHEDULE 644 City of Boynton Beach Purchasing Division 25-093B I-95 & Boynton Beach Blvd. Interchange Utility Relocation 67 EXHIBIT B CONTRACT PRICE BID FORM 645 America's Gateway to the Gulfstream 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 646 America's Gateway to the Gulfstream 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 property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are 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 647 America's Gateway to the Gulfstream 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., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 648 ATTACHMENT “B” 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 Work Orders. Work 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 Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues 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 action 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/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance 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.) 649 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 SBE 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/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) 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 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) Date 650 Item No. Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization/Demobilization, Bonds, Insurance, and General Requirements, including utility locates and coordination 1 LS 85,000.00$ 85,000.00$ 200,000.00$ 200,000.00$ 297,175.25$ 297,175.25$ 119,000.00$ 119,000.00$ 2 Interim Demobilization/ Remobilization 8 EA 10,000.00$ 80,000.00$ 12,000.00$ 96,000.00$ 40,625.00$ 325,000.00$ 5,515.00$ 44,120.00$ 3 Maintenance of Traffic 1 LS 42,000.00$ 42,000.00$ 75,000.00$ 75,000.00$ 65,000.00$ 65,000.00$ 306,000.00$ 306,000.00$ 4 As-built Record Drawings 1 LS 16,500.00$ 16,500.00$ 55,000.00$ 55,000.00$ 42,250.00$ 42,250.00$ 181,000.00$ 181,000.00$ 5 Professional Pre- and Post- Construction Photographs / Video of Construction Site 1 LS 6,500.00$ 6,500.00$ 15,000.00$ 15,000.00$ 10,231.00$ 10,231.00$ 3,215.00$ 3,215.00$ 6 Indemnification 1 LS 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 7 Support & Protect Existing Water Main & Force Main Pipeline 340 LF 50.00$ 17,000.00$ 350.00$ 119,000.00$ 160.75$ 54,655.00$ 239.00$ 81,260.00$ 8 Remove Curb 280 LF 20.00$ 5,600.00$ 25.00$ 7,000.00$ 24.25$ 6,790.00$ 75.50$ 21,140.00$ 9 Remove Sidewalk 360 SY 25.00$ 9,000.00$ 30.00$ 10,800.00$ 19.00$ 6,840.00$ 89.00$ 32,040.00$ 10 Remove Asphalt Pavement 1130 SY 15.00$ 16,950.00$ 20.00$ 22,600.00$ 20.50$ 23,165.00$ 80.50$ 90,965.00$ 11 Remove and Replace Asphalt Pavement 1260 SY 170.00$ 214,200.00$ 80.00$ 100,800.00$ 301.50$ 379,890.00$ 262.00$ 330,120.00$ 12 Furnish and Install 6" Line Stop on Existing Water Main 1 EA 10,000.00$ 10,000.00$ 12,000.00$ 12,000.00$ 14,072.00$ 14,072.00$ 59,400.00$ 59,400.00$ 13 Furnish and Install 8" Line Stop on Existing Water Main 1 EA 13,500.00$ 13,500.00$ 16,000.00$ 16,000.00$ 15,599.50$ 15,599.50$ 60,500.00$ 60,500.00$ 14 Furnish and Install 10" Line Stop on Existing Water Main 3 EA 14,500.00$ 43,500.00$ 20,000.00$ 60,000.00$ 17,517.00$ 52,551.00$ 53,500.00$ 160,500.00$ 15 Furnish and Install 12" Line Stop on Existing Water Main 1 EA 17,500.00$ 17,500.00$ 24,000.00$ 24,000.00$ 25,609.00$ 25,609.00$ 66,000.00$ 66,000.00$ 16 Furnish and Install 16" Line Stop on Existing Water Main 2 EA 26,000.00$ 52,000.00$ 50,000.00$ 100,000.00$ 42,931.50$ 85,863.00$ 65,500.00$ 131,000.00$ 17 Remove Existing 16” Water Main 100 LF 35.00$ 3,500.00$ 160.00$ 16,000.00$ 125.50$ 12,550.00$ 278.00$ 27,800.00$ 18 Remove Existing 8” Water Main 50 LF 20.00$ 1,000.00$ 50.00$ 2,500.00$ 108.25$ 5,412.50$ 535.00$ 26,750.00$ 19 Remove Existing 6” Water Main 50 LF 15.00$ 750.00$ 50.00$ 2,500.00$ 84.50$ 4,225.00$ 537.00$ 26,850.00$ 20 Remove Existing 2” Water Main 100 LF 10.00$ 1,000.00$ 50.00$ 5,000.00$ 18.50$ 1,850.00$ 399.00$ 39,900.00$ 21 Remove Existing 12" Steel Casing 40 LF 75.00$ 3,000.00$ 1,000.00$ 40,000.00$ 105.50$ 4,220.00$ 822.00$ 32,880.00$ 22 Remove Existing 16" Steel Casing 20 LF 75.00$ 1,500.00$ 2,000.00$ 40,000.00$ 156.50$ 3,130.00$ 1,095.00$ 21,900.00$ 23 Abandon in Place and Grout Fill Existing Water Main, 6" and 8"20 CY 1,000.00$ 20,000.00$ 1,000.00$ 20,000.00$ 422.50$ 8,450.00$ 1,535.00$ 30,700.00$ 24 Abandon in Place Existing Water Main 8" Valve 1 EA 1,000.00$ 1,000.00$ 250.00$ 250.00$ 1,092.00$ 1,092.00$ 18,100.00$ 18,100.00$ 25 Furnish and Install 2" Water Main PE Pipe 100 LF 300.00$ 30,000.00$ 100.00$ 10,000.00$ 82.75$ 8,275.00$ 425.00$ 42,500.00$ 26 Furnish and Install 3" Water Main PE Pipe 20 LF 500.00$ 10,000.00$ 130.00$ 2,600.00$ 184.50$ 3,690.00$ 2,460.00$ 49,200.00$ 25-093B - I-95 & Boynton Beach Blvd. Interchange Utility Relocation Overview of Schedule of Prices Johnson-Davis, Inc.B&B Underground Construction Inc CMG Pipelines, Inc.CK Contractors and Development, LLC 651 27 Furnish and Install 6" Water Main PE Pipe 30 LF 1,400.00$ 42,000.00$ 650.00$ 19,500.00$ 401.50$ 12,045.00$ 1,300.00$ 39,000.00$ 28 Furnish and Install 10" Water Main PE Pipe 40 LF 1,150.00$ 46,000.00$ 1,050.00$ 42,000.00$ 708.25$ 28,330.00$ 1,410.00$ 56,400.00$ 29 Furnish and Install 12" Water Main PE Pipe 40 LF 500.00$ 20,000.00$ 1,250.00$ 50,000.00$ 739.00$ 29,560.00$ 2,020.00$ 80,800.00$ 30 Furnish and Install 6” Water Main (C- 900 PVC SDR18 or DIP Restrained Class 53) Pipe 110 LF 950.00$ 104,500.00$ 600.00$ 66,000.00$ 500.75$ 55,082.50$ 941.00$ 103,510.00$ 31 Furnish and Install 8” Water Main (C- 900 PVC SDR18 or DIP Restrained Class 53) Pipe, Greater than 10’ Deep 40 LF 1,500.00$ 60,000.00$ 2,800.00$ 112,000.00$ 764.00$ 30,560.00$ 1,705.00$ 68,200.00$ 32 Furnish and Install 10” Water Main (C- 900 PVC SDR18 or DIP Restrained Class 53) Pipe 60 LF 800.00$ 48,000.00$ 1,000.00$ 60,000.00$ 613.25$ 36,795.00$ 2,280.00$ 136,800.00$ 33 Furnish and Install 16” Water Main (C- 900 PVC SDR18 or DIP Restrained Class 53) Pipe 180 LF 900.00$ 162,000.00$ 1,800.00$ 324,000.00$ 1,112.75$ 200,295.00$ 1,310.00$ 235,800.00$ 34 Furnish and Install Gate Vale, MJ, Double Disk, Non-Rising Stem, 6”3 EA 5,000.00$ 15,000.00$ 3,600.00$ 10,800.00$ 7,962.50$ 23,887.50$ 11,100.00$ 33,300.00$ 35 Furnish and Install Gate Valve, MJ, Double Disk, Non-Rising Stem, 10"1 EA 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 10,920.00$ 10,920.00$ 28,000.00$ 28,000.00$ 36 Furnish and Install 16" Butterfly Valve on Water Main 3 EA 11,500.00$ 34,500.00$ 32,000.00$ 96,000.00$ 23,237.75$ 69,713.25$ 21,300.00$ 63,900.00$ 37 Furnish and Install 8" Insertion Valve on Water Main 3 EA 13,500.00$ 40,500.00$ 25,000.00$ 75,000.00$ 17,580.50$ 52,741.50$ 19,600.00$ 58,800.00$ 38 Adjust Valve/Meter Box Installed To FDOT Proposed Elevation 21 EA 1,000.00$ 21,000.00$ 300.00$ 6,300.00$ 1,092.00$ 22,932.00$ 2,320.00$ 48,720.00$ 39 Relocate Existing Fire Hydrant 1 EA 3,500.00$ 3,500.00$ 13,000.00$ 13,000.00$ 21,463.00$ 21,463.00$ 20,100.00$ 20,100.00$ 40 Furnish and Install Fire Hydrant with Gate Valve 1 EA 12,500.00$ 12,500.00$ 20,000.00$ 20,000.00$ 24,383.75$ 24,383.75$ 32,800.00$ 32,800.00$ 41 Cut & Cap Existing 6" Water Main 1 EA 1,500.00$ 1,500.00$ 15,000.00$ 15,000.00$ 1,594.25$ 1,594.25$ 33,700.00$ 33,700.00$ 42 Furnish and Install 8” Line Stop on Existing Force Main 1 EA 33,000.00$ 33,000.00$ 16,000.00$ 16,000.00$ 15,014.50$ 15,014.50$ 53,000.00$ 53,000.00$ 43 Furnish and Install 12” Line Stop on Existing Force Main 2 EA 48,000.00$ 96,000.00$ 24,000.00$ 48,000.00$ 20,247.00$ 40,494.00$ 67,200.00$ 134,400.00$ 44 Furnish and Install 16” Line Stop on Existing Force Main 1 EA 83,000.00$ 83,000.00$ 32,000.00$ 32,000.00$ 48,261.50$ 48,261.50$ 65,600.00$ 65,600.00$ 45 Furnish and Install 20” Line Stop on Existing Force Main 1 EA 88,000.00$ 88,000.00$ 60,000.00$ 60,000.00$ 93,337.75$ 93,337.75$ 70,100.00$ 70,100.00$ 46 Remove Existing 12" Force Main 30 LF 75.00$ 2,250.00$ 100.00$ 3,000.00$ 140.75$ 4,222.50$ 1,540.00$ 46,200.00$ 47 Remove Existing 16” Force Main 220 LF 80.00$ 17,600.00$ 160.00$ 35,200.00$ 148.50$ 32,670.00$ 210.00$ 46,200.00$ 48 Remove Existing 16” Force Main, Greater than 10’ Deep 70 LF 85.00$ 5,950.00$ 3,600.00$ 252,000.00$ 275.25$ 19,267.50$ 568.00$ 39,760.00$ 49 Remove Existing 8” Force Main 70 LF 60.00$ 4,200.00$ 100.00$ 7,000.00$ 120.75$ 8,452.50$ 382.00$ 26,740.00$ 50 Furnish and Install 8" Stainless Steel DI Restrained Pipe 20 LF 750.00$ 15,000.00$ 500.00$ 10,000.00$ 1,366.00$ 27,320.00$ 2,220.00$ 44,400.00$ 51 Furnish and Install 8" Force Main Sewer C-900 PVC SDR18 Pipe 90 LF 850.00$ 76,500.00$ 750.00$ 67,500.00$ 1,361.25$ 122,512.50$ 839.00$ 75,510.00$ 52 Furnish and Install 12" Force Main Sewer C-900 PVC SDR18 Pipe 30 LF 1,300.00$ 39,000.00$ 780.00$ 23,400.00$ 1,797.75$ 53,932.50$ 2,870.00$ 86,100.00$ 652 53 Furnish and Install 16" Force Main Sewer C-900 PVC SDR18 Pipe 250 LF 775.00$ 193,750.00$ 830.00$ 207,500.00$ 1,754.00$ 438,500.00$ 1,100.00$ 275,000.00$ 54 Furnish and Install 16" Force Main Sewer C-900 PVC SDR18 Pipe, Greater than 10’ Deep 80 LF 1,350.00$ 108,000.00$ 3,000.00$ 240,000.00$ 2,420.75$ 193,660.00$ 1,355.00$ 108,400.00$ 55 Furnish and Install 12" Gate Valve on Force Main 1 EA 9,500.00$ 9,500.00$ 24,000.00$ 24,000.00$ 11,817.75$ 11,817.75$ 28,800.00$ 28,800.00$ 56 Furnish and Install 8" Gate Valve on Force Main 1 EA 6,500.00$ 6,500.00$ 16,000.00$ 16,000.00$ 9,315.25$ 9,315.25$ 26,700.00$ 26,700.00$ 57 Raise Existing Manhole to FDOT Proposed Elevation 4 EA 1,500.00$ 6,000.00$ 3,000.00$ 12,000.00$ 5,459.50$ 21,838.00$ 5,255.00$ 21,020.00$ 58 Adjust Valve Installed to FDOT Proposed Elevation 2 EA 1,000.00$ 2,000.00$ 500.00$ 1,000.00$ 2,884.75$ 5,769.50$ 8,375.00$ 16,750.00$ 59 Furnish and Install Air Release Valve and Manhole 1 EA 35,000.00$ 35,000.00$ 25,000.00$ 25,000.00$ 21,680.00$ 21,680.00$ 42,000.00$ 42,000.00$ 2,140,275.00$ 3,048,275.00$ 3,245,978.75$ 4,249,375.00$ Subtotal Contract Amount: 653 25-093B - I-95 & Boynton Beach Blvd. Interchange Utility Relocation - Overview of Specifications and Schedule of Prices Schedule/Specifications Indemnification 25.00$ 25.00$ 25.00$ 25.00$ General Conditions 230,000.00$ 441,000.00$ 739,656.25$ 653,335.00$ General Items for Water and Sewer Systems 262,750.00$ 260,200.00$ 471,340.00$ 555,525.00$ Water Systems 826,250.00$ 1,267,450.00$ 866,891.75$ 1,833,810.00$ Sewer Systems 821,250.00$ 1,079,600.00$ 1,168,065.75$ 1,206,680.00$ Subtotal Contract Amount 2,140,275.00$ 3,048,275.00$ 3,245,978.75$ 4,249,375.00$ Bid Security Requirements Uploaded a scanned copy of the bid bond Yes Yes Yes Yes Amount must be 5% of total bid price Yes Yes Yes Yes Issued a surety authorized to operate in Florida Yes Yes Yes Yes Deliver the original bid bond Yes No Yes Yes Documents Uploaded Non-Collusive Affidavit & Ackknowledgement Included Included Included Included Scrutinized Companies Affidavit Included Included Included Included E-Verify Included Included Included Included Foreign Entity Ownership Affidavit Included Included Included Included Anti-Human Trafficking Affidavit Included Included Included Included Litigation and Legal History Disclosure Requirement Included Included Included Included Litigation History Form Included Included Included Not Included Proof of State Certified or County Competency Included Included Included Included Florida State Business Registration Included Included Included Included Certificate of Insurance – Proof of Requirements Included Included Included Included Internal Revenue Service Form W-9 Included Included Included Included Anti-Kick Back Affidavit Included Included Included Included Trench Safety Act Affidavit Included Included Included Included Licenses/Certifications Primary: Florida dbpr Certified Underground Utility and Excavation - William Clark C. Clifford Cryer Lic# CUC1225299 Licensure Dt 3/8/16 Exp. 8/31/26, Certified General Contractor - William Clark C. Clifford Cryer Lic# CGC1537148 Licensure Dt 11/9/24 Exp. 8/31/26, Certified Plumbing Contractor - William C. Clifford Cryer Lic# CFC1430348 Licensure Dt 6/26/19 Exp. 8/31/26, Certified Underground Utility and Excavation Contractor - Scott James Johnson Lic# CUC043087 Licensure Dt 11/19/87 Exp. 8/31/26. Subconsultant: Florida dbpr Certified Underground Utility and Excavation Contract - John Robert Rakoczy (Rangeline Tapping Services Inc) Lic# CUC057091 Licensure Dt 9/28/98 Exp. 8/31/26 Primary: Florida dbpr Certified General Contractor - Stephen D. Decker Lic# CGC1523248 Licensure Dt 5/18/15 Exp. 8/31/26, Professional Engineer - Stephen D. Decker Lic# 57422 Licensure Dt 7/19/01 Exp. 2/28/27. Subconsultant: Florida dbpr Certified General Contractor - Jodi Marie Feliu (Florida Flow Control, Inc.) Lic# CGC1522189 Licensure Dt 4/9/14 Exp. 8/31/26. Florida dbpr Certified Underground Utility and Excavation Contractor - Amy Marin Fountain Lic# CUC057115 Licensure Dt 12/22/98 Exp. 8/31/26. Primary: Florida dbpr Certified Underground Utility and Excavation Contractor - William Carroll George Lic# CUC1225211 Licensure Dt Exp. 8/31/26. Subcontract: Florida dbpr Certified General Contractor - Timothy Floyd Mehaffey (LP Asphalt LLC) Lic# CGC1518859 Licensure Dt 7/21/10 Exp. 08/31/26, Certified Underground Utility and Excavation Contractor - John Robert Rakozcy (Rangeline Tapping Services Inc) Lic# CUC057091 Licensure Dt 9/28/98 Exp. 8/31/26. Completed Fields/Acknowledgements Certification Completed Completed Completed Completed Vendor-Drug Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Johnson-Davis, Inc. Att: Clark Cryer 604 Hillbrath Dr. Lantana, FL 33462 (561) 588-1170 (561) 718-4531 ccryer@johnsondavis.com B&B Underground Construction Inc. Att: Stephen Decker 4050 Westgate Avenue Ste 110 West Palm Beach, FL 33409 (561)249-0341 sdecker@bbuconst.com CMG Pipelines, Inc. Att: Ed Steele 33 Hamlet St. Kenner, LA 70062 (504) 766-6146 ed.steele@cmgpipelines.com procurement@cmgpipelines.com CK Contractors and Development, LLC Att: Michael Smith 1100 Technology Place Ste 122 West Palm Beach, FL 33407 (561) 932-1070 msmith@ckcdllc.com QMIDDLETON@CKCDLLC.COM 654 Bidder's Qualification Statement Completed Completed Completed Completed Scrutinized Companies List Acknowledged Acknowledged Acknowledged Acknowledged E-Verify Compliance Acknowledged Acknowledged Acknowledged Acknowledged Firm's Primary Ownership Completed Completed Completed Completed Palm Beach County Inspector General Acknowledged Acknowledged Acknowledged Acknowledged References Yes (3)Yes (3)Yes (4)Yes (5) Subcontractor Form Yes (1)Yes (1)No Yes (4) Conflict of Interest No No No No Addendum No. 1-2 Acknowledged Acknowledged Acknowledged Acknowledged Local Business Preference No No No No Comments: Registered entity as of 1/7/2025 - does not meet the three years of experience 655 621 NW 53rd Street, Suite 265, Boca Raton, Florida 33487 November 6, 2025 Mr. Keith Weber, PE, PMP, ENV SP Assistant Director, Engineering, City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Bid Recommendation for 25-093B I-95 & Boynton Beach Boulevard Interchange Utility Relocation Project Dear Mr. Weber: Bids for Project 25-093B I-95 & Boynton Beach Boulevard Interchange Utility Relocation Project were received by the City of Boynton Beach (City). Four bids were received with unit costs for items required for the project. Based on the unit prices that were submitted, the bid amounts for the contractors that submitted by rank in ascending order, is as follows: Rank Contractor Name Total Project Amount 1 Johnson-Davis, Inc. $2,140,275.00 2 B&B Underground Construction, Inc. $3,048,275.00 3 CMG Pipelines, Inc. $3,245,978.75 4 CK Contractors and Development, LCC $4,249,375.00 Based on the summary table, the apparent low bidder is Johnson-Davis, Inc. Based on our review of the information provided by the City, it is our opinion that the apparent low bidder for this project is Johnson-Davis, Inc. Sincerely, Joan Fernandez, PE, PMP Project Manager CDM Smith Inc. cc: File 656 657 11/17/2025 Vaughn Risk Management 222 US HWY 1 Suite #215 Tequesta FL 33469 Kathleen Fuller (561)249-6143 Service@VaughnRM.com Johnson-Davis Incorporated 604 Hillbrath Dr Lantana FL 33462 Valley Forge Insurance Company 20508 Continental Casualty Company 20443 Aspen Insurance 43460 Homeland Insurance company 34452 CL2571600762 A X X x X Y 7033967643 7/1/2025 7/1/2026 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 Employee Benefits 2,000,000 B X X Y 7033968744 7/1/2025 7/1/2026 1,000,000 Medical payments 5,000 B X x X 0 X Y 7033984636 7/1/2025 7/1/2026 5,000,000 5,000,000 A N 7033972535 7/1/2025 7/1/2026 x 1,000,000 1,000,000 1,000,000 C Inland Marine/Contractors Equip IM011FG25 7/1/2025 7/1/2026 Limits/Deductible $7,968,826/2500 D Contractors Pollution Liability 793-01-19-81-0003 7/1/2025 7/1/2026 Occurrence $1M/$2M liability and excess Liability when required by written contract. General liability, auto liability, and excess liability are primary and non-contributory when required by written contract. A waiver of subrogation applies on general liability, excess liability and workers compensation when required by City Boynton BeachAttn: Risk Management 100 E Ocean Ave Boynton Beach, FL 33435 Harrison Vaughn/HVAUG Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: I-95 & Boynton Beach Blvd. Interchange Utility relocation The certificate holder is listed as an additional insured for ongoing and completed operations with respects to general liability per forms CG2010 07/04 & CG2037 07/04 and as additional insured on auto INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401)658 written contract. 30 day noticeof cancellation applies with the exception of non pay 10 day applies COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK 659 660 661 662 663 664 665 666 667 CNA Business Auto Policy Policy Endorsement II CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form ; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to : ( 1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II -WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force ; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No : CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No : 12; Page : 1 of 4 Underwriting Company : The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved . Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No : BUA 7033968744 Policy Effective Date : 07/01/2025 Policy Page : 84 of 290 668 CNA Business Auto Policy Policy Endorsement (41 Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (61 Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager . B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us : We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following : Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No : CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No : 12; Page : 4 of 4 Underwriting Company : The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved . Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy No : BUA 7033968744 Policy Effective Date : 07/01/2025 Policy Page : 87 of 290 669 CNA CNA Paramount Excess and Umbrella Liability Policy II PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS . I. COVERAGES A. Coverage A -Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies : 1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and 2. if the applicable underlying insurance is on a claims made basis, then only if: a. that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and b. the claim is first made during the policy period. B. Coverage B -Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: 1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or 2. because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: a. the bodily injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; Form No: CNA75504XX (03-2015) Policy Page: 1 of 32 Underwriting Company : The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved . Policy No : CUE 7033984636 Policy Effective Date : 07/01/2025 Policy Page : 28 of 75 670 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement II WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below . Form No : WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No : 6; Page : 1 of 1 Underwriting Company : Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright 1983 National Council on Compensation Insurance . Policy No : WC 7 33972535 Policy Effective Date : 07/01/2025 Policy Page : 40 of 56 671 AAIS POLICY NUMBER IM 7105 02 12 IM011FG25 Page 1 of 2 Copyright, American Association of Insurance Services, Inc., 2012 SCHEDULE OF COVERAGES INSTALLATION FLOATER COVERAGE STATE FORM (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) PROPERTY COVERED (check one)"Limit" [X]Blanket Coverage Jobsite Limit $1,000,000 Catastrophe Limit $1,000,000 [ ]Scheduled Locations Coverage Loc. No. "Jobsite""Limit" Catastrophe Limit COVERAGE EXTENSIONS "Limit" Additional Debris Removal Expenses $5,000 Emergency Removal 10 days SUPPLEMENTAL COVERAGES Pollutant Cleanup And Removal $25,000 Sewer Backup $5,000 Temporary Storage Locations $1,000,000 Transit $1,000,000 DEDUCTIBLE Deductible Amount $2,500 COINSURANCE (check one) 672 AAIS POLICY NUMBER IM 7105 02 12 IM011FG25 Page 2 of 2 Copyright, American Association of Insurance Services, Inc., 2012 [ ]Waived [X]80% [ ] 90% [ ] 100% [ ] Other ADDITIONAL INFORMATION Estimated Annual Installation Receipts: $12,000,000 Named Storm Deductible: $25,000 (applies to Installation Floater only) IM 7105 02 12 673 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-321- Approve Task Order No. GESUT-1A-01-25 with Carollo Engineers, Inc. for professional engineering services, including project management, contract specifications, bid assistance, design services, and construction management services for the East Water Treatment Plant Lime Softening Basin Structure Repair Project in an amount not to exceed $120,025. Requested Action: Staff recommends approval of Proposed Resolution No. R25-321. Explanation of Request: Boynton Beach Utilities is utilizing the General Engineering Consulting Services Contract (RFQ No. CW24-001, Scope Category A), as awarded by the City Commission on November 19, 2024, to support the implementation of critical Utilities Capital Improvement Projects. Under this Task Order, Carollo Engineers, Inc. will provide comprehensive professional services, including project management, contract specifications, bid assistance, design services, and construction management services for the East Water Treatment Plant Lime Softening Basin Structure Repair Project. This purchase is being procured through the City’s Continuing Services Contract (GES Contract) for engineering and design services. In accordance with the requirements of the Competitive Consultants Negotiation Act (CCNA), the City maintains a rotation list of qualified firms across multiple disciplines. Carollo Engineers, Inc. is the next firm on the rotation list. Staff has reviewed the submitted proposal and determined that it is fair, competitive, and reasonable pursuant to Florida Statute 287.055. The East Water Treatment Plant is a 24-MGD lime softening facility that treats potable water for the City of Boynton Beach. The existing softener steel structures are experiencing significant corrosion, including pitting and localized failure of steel surfaces. A moderate-term rehabilitation is required to maintain structural integrity and operability until the forthcoming East WTP PFAS/Emerging Contaminants Project is constructed (estimated ~5 years). This project will apply a Tnemec-type protective coating system and perform minor structural repairs to extend the service life of the softeners and prevent failures that could jeopardize water production capacity. How will this affect city programs or services? This project will enhance the reliability and efficiency of the City's water infrastructure by applying a supportive and protective coating to 674 the aging and deteriorating lime softening basin metal structures that is compliant with American Water Works Associations specifications. The improvements will reduce the frequency of paint application to the surfaces while protecting from corrosion. Overall, this rehabilitation provides a cost-effective bridge solution, ensuring uninterrupted treatment operations and public health protection while the City advances major treatment plant upgrades. Budgeted Item: Yes Account Line Item and Description: 403-5000-533-65.02- WT2103- East Water Treatment Plant R&R Fiscal Impact: The total Task Order amount is $120,025 Funding is available in Utilities CIP Accounts: 403-5000-533-65.02- WT2103- East Water Treatment Plant R&R ($1,000,000 is available, 500K via adopted Budget 25/26 and $500,000 Via rollover funds from 24/25 budget) Budget Transfer will be completed from WT2103- EWTP R&R to a new project WT25XX once it is created Attachments: R25-321 Agenda_Item_4016-2025_Resolution_for_Task_Order_GESUT_1A_01_25.docx Exh A to Reso - GES Task Order Template (Commission Approval Required).docx Softener Improvments Exhibit A Nov 4 2025.pdf Softener Improvements Exhibit B Nov 4 2025.pdf Carollo Engineering, Inc. fully executed agmt.pdf R24-291 (1).pdf City of Boynton Beach-CW24 001-Cert 25-26.pdf 675 RESOLUTION NO. R25-321 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING TASK ORDER NO. GESUT-1A-01-25 2 WITH CAROLLO ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING 3 SERVICES, INCLUDING PROJECT MANAGEMENT, CONTRACT 4 SPECIFICATIONS, BID ASSISTANCE, DESIGN SERVICES, AND 5 CONSTRUCTION MANAGEMENT SERVICES FOR THE EAST WATER 6 TREATMENT PLANT LIME SOFTENING BASIN STRUCTURE REPAIR 7 PROJECT IN AN AMOUNT NOT TO EXCEED $120,025; AND FOR ALL 8 OTHER PURPOSES. 9 10 WHEREAS, on November 19, 2024, by Resolution No. R24-291, the City Commission 11 awarded RFQ No. CW24-001 for General Engineering Consulting Services for Scope A – Water 12 Plant Modifications, Capacity & Operational Evaluations to Carollo Engineering Group, Inc. 13 (“Contractor”), and approved the General Engineering Consulting Services Agreement between 14 the City and Contractor; and 15 WHEREAS, the Contractor is to provide comprehensive professional services, including 16 project management, contract specifications, bid assistance, design services, and construction 17 management services for the East Water Treatment Plant Lim Softening Basin Structure Repair 18 Project; and 19 WHEREAS, the East Water Treatment Plant is a 24-MGD lime softening facility that treats 20 potable water for the City, with the Plant’s existing softener steel structures experiencing 21 significant corrosion, including pitting and localized failure of steel surfaces; and 22 WHEREAS, a moderate-term rehabilitation is required to maintain the structural integrity 23 and operability until the forthcoming East WTP PFAS/Emerging Contaminants Project is 24 constructed in approximately five years, with the rehabilitation involving the application of 25 Tnemec-type protective coating system and minor repairs to extend the life of the softeners and 26 prevent failures that could jeopardize water production capacity; and 27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the City's citizens and residents to approve Task Order No. GESUT-1A-01-25 with 29 Carollo Engineers, Inc., to perform the moderate rehabilitative measures, for a total not to exceed 30 amount of $120,025, and approve a budget transfer to allocate sufficient funding for this project. 31 32 676 RESOLUTION NO. R25-321 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve Task Order No. GESUT-1A-01-25 with Carollo Engineers, Inc. to perform the moderate 38 rehabilitative measures, for a total not to exceed amount of $120,025, and approve a budget 39 transfer to allocate sufficient funding for this project (the “Task Order”), in form and substance 40 similar to that attached as Exhibit A. 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute the Task Order. The Mayor is further authorized to execute any 43 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 44 SECTION 4. The City Clerk shall retain the fully executed Task Order as a public record 45 of the City. A copy of the fully executed Task Order shall be provided to Bryan Heller to forward 46 to the Contractor. 47 SECTION 5. This Resolution shall take effect in accordance with the law. 48 49 50 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 677 RESOLUTION NO. R25-321 PASSED AND ADOPTED this ______________ day of ______________________________, 2025. 54 CITY OF BOYNTON BEACH, FLORIDA 55 YES NO 56 Mayor – Rebecca Shelton _____ _____ 57 58 Vice Mayor – Woodrow L. Hay _____ _____ 59 60 Commissioner – Angela Cruz _____ _____ 61 62 Commissioner – Thomas Turkin _____ _____ 63 64 Commissioner – Aimee Kelley _____ _____ 65 66 VOTE ______ 67 ATTEST: 68 69 _____________________________ ______________________________ 70 Maylee De Jesús, MPA, MMC Rebecca Shelton 71 City Clerk Mayor 72 73 APPROVED AS TO FORM: 74 (Corporate Seal) 75 76 _______________________________ 77 Shawna G. Lamb 78 City Attorney 79 678 Form –Task Order GES 7.2.25 (SRW) CITY OF BOYNTON BEACH General Engineering Consulting Services Task Order Task Order No. _GESUT-1A-01-25____ Consultant: __Carollo Engineers_ 1. Task/Project. Softener Improvements/Design, Bidding and Construction Management for Coatings and Minor Repairs 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 A. 3. Deliverables and Schedule. For study/design related services: Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit A. For project administration services: Consultant shall provide project/construction administration services in accordance with the Agreement and project schedule. 4. Compensation. The total estimated construction costs of the Project or the cost of the study or report for this Task Order may not exceed the amounts set forth in Section 287.055, Florida Statutes. The total Fee to be paid to Consultant under this Task Order shall not exceed $120,025.00, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit B. The payment schedule (based on deliverables) is attached as Exhibit B. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the General Engineering Consulting Services Agreement, dated November 19, 2024, by and between the City of Boynton Beach and Carollo Engineers (“Consultant”), Contract No. _CW24- 001____. 679 Form –Task Order GES 7.2.25 (SRW) 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. CONSULTANT: CITY OF BOYNTON BEACH By: _________ By: _________________________________ Rebecca Shelton, Mayor Print Name: _Elizabeth Fujikawa, P.E._ Date: November 4, 2025 Date: _______________________, 20___ Attest: _____________________________ City Clerk City Attorney’s Office Approved as to form and legality By: __________________ 680 November 4, 2025 Bryan Heller City of Boynton Beach 124 E Woolbright Rd Boynton Beach, FL 33435 Subject: Proposal for Engineering Services (Exhibit A) Softener Improvements As requested, we have prepared the following proposed scope of services for the subject project. PROJECT BACKGROUND The East Water Treatment Plant is a 24 MGD (Million Gallon Per Day) Lime Softening plant which serves as one of two WTPs providing potable water for the City of Boynton Beach (CITY). The existing softeners are exhibiting corrosion, causing many locations to have pitting and holes in the steel. The CITY is seeking to complete a minimal amount of rehabilitation to keep the softeners in service until the East WTP improvements are completed for PFAS compliance, currently forecasted for approximately a five year period. The scope of the project includes project management, developing the construction documents, bid and construction services as follows: 1. Provide Project Management and Communications. 2. Develop Contract Documents to allow the procurement of a General Contractor to apply a coating system similar to that recommended by Tnemec as well as minor structural repairs to the launders. 3. Provide bid services to include: attend prebid meeting, respond to Contractor questions, prepare addenda, review the submittal of the apparent low bidder and prepare a bid recommendation letter. 4. Provide services during Construction to include: review of shop drawings, respond to RFIs, conduct monthly construction meetings, review pay applications, and perform intermittent inspections. These tasks are described below. TASK 1: PROJECT MANAGEMENT Task 1.1 - Project Management and Communications The CONSULTANT, through its project manager, will provide overall project management and communication between its staff and the CITY. The budget, project tasks, and schedule will all be tracked and managed by the project manager. The project manager will organize and facilitate ten remote monthly project meetings over the course of the project, including the development of meeting agendas 681 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 2 carollo.com and meeting minutes. In addition to the task specific review meetings identified for the tasks below, the following meetings are anticipated: Kickoff Meeting Monthly Progress Meetings Task 1.2 - Progress Reports The CONSULTANT will deliver monthly progress reports that detail the work completed during the previous month and the work planned for the following month. These reports will be included in the request for monthly progress payments. Task 1 Deliverables Meeting agenda (PDF) Meeting minutes (PDF) Monthly progress reports (PDF) TASK 2: PREPARE CONTRACT DOCUMENTS Task 2.1 – Data Gathering The CONSULTANT will collect existing drawings to serve as the basis for depiction of the work: 1) As-builts 2) Design drawings 3) Conduct a field visit to obtain measurements and document conditions of the launders through photographs for structural repairs Task 2.2: Design The CONSULTANT will prepare detailed design contract documents, which will include progress submittals at the 60%, 100%, and Issued for Bid design milestones. Design documents will include drawings, technical specifications, and opinion of probable construction cost (OPCC) as outlined in each detailed design progress submittal task below. We have assumed that the design drawings will be prepared using marked up record drawings and photographs. Task 2.2.1 – 60% Design The CONSULTANT will develop detailed design drawings and technical specifications to a 60% complete level. The 60% design shall include the following: General Drawings: Cover, index of drawings, general abbreviations/symbology/notes, and location plan to depict project site constraints and planned work area. 682 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 3 carollo.com Structural Drawings: Structural details for ancillary repairs and surface preparation and coating locations. 60% Technical Specifications. A preliminary Engineer’s Opinion of Probable Construction Cost (OPCC). The following is the anticipated drawings list: Drawing Sheets Sheet Name G1 COVER SHEET G2 DRAWING INDEX G3 LIMITS OF WORK S1 STRUCTURAL ABBREVIATIONS/NOTES/SYMBOLS S2 DETAILS S3 COATING LOCATIONS Task 2.2.2 – 60% Design Review Meeting The 60% design documents will be delivered to the CITY for review. A review workshop with the CONSULTANT and the CITY will be held to present and review the 60% design documents. The CITY’s review comments will be logged, and responses provided. 60% Design Drawings (PDF). 60% Design Specifications and Schedule of Bid Items (PDF). 60% Design Engineer’s OPCC (PDF). 60% Review Meeting Agenda and Meeting Minutes. 60% Design Review Comment Log. Task 2.3.1 – 100% Design The CONSULTANT will develop the design documents to a 100% completion level. The CITY’s comments on the 60% design documents will be addressed and incorporated into the design. The design will detail the requirements for bidding and construction of the project. The CONSULTANT will develop technical project specifications and assist with identification of the bid form items that the CITY’s purchasing department will merge with the CITY’s standard Division 1 specifications. Project specifications will be modified as necessary by the CONSULTANT to conform to the requirements of the CITY’s standard front-end documents. The CONSULTANT will develop a conceptual construction schedule to determine the period of time required for construction and define substantial and final completion durations. The 100% design shall include the following: 100% Design Drawings. 100% Design Specifications. 683 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 4 carollo.com Schedule of Bid Items Updated 100% Design Engineer’s OPCC. Task 2.3.2 – 100% Design Review Meeting The 100% design documents will be delivered to the CITY for review. A review workshop with the CONSULTANT and the CITY will be held to present and review the 100% design documents. Design documents will be revised to address CITY comments and submitted for permitting review by the regulatory agencies identified in Task 5. The CITY’s review comments will be logged, and responses provided. Task 2.3.3– Issued for Bid Documents The CONSULTANT will update the design drawings and specifications to incorporate the CITY’s 100% Design review comments to develop Issued for Bid documents. The 100% design OPCC will be updated, if required, to address changes incorporated into the Issued for Bid documents. The Issued for Bid documents will be provided to the CITY to bid the project and to procure a Contractor. Task 3 Deliverables 100% Design Drawings (PDF). 100% Design Specifications and Schedule of Bid Items (PDF). Updated 100% Design Engineer’s OPCC (PDF). 100% Review Meeting Agenda and Meeting Minutes. Issued for Bid Drawings (PDF). Issued for Bid Specifications (PDF). Updated Issued for Bid Engineer’s OPCC (PDF). TASK 3: PERMITTING Task 3.1 – FDEP Permit We assume that the Florida Department of Environmental Protection (FDEP) in Palm Beach County will not require a permit for work that should be considered maintenance of existing equipment. We will prepare an overview of the work, including procedures for any needed disinfection, and submit and request a waiver from the FDEP for the construction permit for this portion of the work. Task 3.2 – Boynton Beach Building Department Permit We assume that minimal building department coordination will be required. Task 4 Deliverables Request for Waiver to FDEP. Responses to FDEP RFIs and comments. 684 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 5 carollo.com TASK 4: BIDDING Task 4.1 – Bidding Services The CONSULTANT will assist the CITY in procuring a contractor for construction of the project by providing the following services during the bidding process. Coordinate with the CITY’s purchasing department to prepare the documents for bidding and in developing the advertisement for bid project description. Pre-Bid Conference: Attend one (1) Pre-Bid Conference and field visit. Our participation will include providing verbal input as to the scope of the work at the meeting. We assume that the City’s purchasing department will take attendance, record the meeting and prepare meeting minutes. Bidder RFIs: Provide responses to bidder’s Request for Information (RFI). The CITY will receive all bidders’ questions and forward them to the CONSULTANT for review and response. Carollo will revise the responses based upon the CITY's comments in order to determine if they are acceptable to the CITY for amendment of the bid documents. The CITY will be responsible for receiving and distributing RFI responses to all bidders. Addendum: If in responding to bidder’s questions, a significant clarification or change to the design is required, the CONSULTANT will prepare up to two (2) addenda to revise the Issued for Bid documents. The CITY will be responsible for receiving and distributing RFI responses to all bidders. Task 4.2 – Conformed Documents The CONSULTANT will develop Conformed Documents by updating the Issued for Bid documents to incorporate modifications resulting from the bid-phase period RFIs and addenda. Following preparation of the Conformed Construction Drawings and Specifications, the CONSULTANT shall make such documents available to the CITY and the contractor awarded the project. Task 4 Deliverables RFI Responses. Addendum Revised Documents. Conformed Drawings (pdf, one half size and one full size hard copy). Conformed Specifications (pdf, one bound hard copy). TASK 5: CONSTRUCTION SUPPORT SERVICES The CONSULTANT will provide engineering services during construction to support the CITY during the construction phase of the project. It is assumed that the CITY will provide daily oversight and inspection of the construction and be the day-to-day contact for the Contractor. The CONSULTANT will provide the following periodic engineering services during construction: 685 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 6 carollo.com Attend Pre-construction meeting (Assumed that CITY will prepare Agenda, take minutes and distribute draft and final minutes). Attend virtual monthly construction progress meetings (Assumed that CITY will prepare Agenda, take minutes and distribute draft and final minutes ). Review and respond to RFIs. Review and respond to shop drawings and submittals. Prepare and assist in negotiating up to two change orders. Design documents will be revised, and a description of the change will be developed to provide to the Contractor for pricing. Site Visits - Conduct periodic site visits to visually confirm progress and that the construction is in accordance with the design documents as follows. Conduct inspection of the repair and coating work as follows: Four inspections of repairs for each clarifier. Eight inspections of coating installation for each clarifier. Substantial Completion: Provide the following services as part of substantial completion: − Complete one substantial completion walkthrough. − Prepare punch-list. Complete one final completion walkthrough to confirm punch-list items have been taken care of and close out project. Review As-Built drawings submitted by contractor and provide comments to contractor to turn into Record Drawings. System Commissioning services: Assumed to be provided by the CITY. FDEP clearance is assumed not to be necessary for startup. Task 6 Deliverables RFI Responses. Shop Drawing/Submittal Review Responses. Change Order Documents. Substantial Completion Punch List. Contractor As-built Review Comments. SCHEDULE The services described above are anticipated to be completed in accordance with the following summary. The CONSULTANT will make efforts to keep the project on schedule within reason. However, there are many factors which may affect this overall schedule, and this will require prompt attention and involvement from the CITY to maintain project progress. 686 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 7 carollo.com The schedule below is the CONSULTANT’s best estimate based on preliminary information, and may vary based upon available data, meeting schedule, permitting, bidding process, and contractor’s availability and schedule. A detailed project schedule will be provided following notice to proceed. Task No. Task Description Estimated Completion Date From NTP 1 Project Management 10 weeks 2 Data Gathering 2 weeks 3 60% Design 4 weeks 4 100% Design 8 weeks 5 Permitting 10 weeks 6 Bidding 18 weeks 7 Construction Support Services TBD after Award Schedule Notes: 1. The schedule assumes that the CITY will complete all reviews within (1) week of receiving the submittals. 2. The bidding duration is assumed to be approximately two months. PROJECT FEE The total compensation shown in the table below is based on the hourly rates established in Exhibit A to the General Utilities Engineering Master Agreement. The billing method shall be as noted above by task. Task No. Task Description Fee ($) Billing Method 1 Project Management $5,630 .00 Lump Sum 2 Prepare Contract Documents $ 42,545.00 Lump Sum 5 Permitting $3,395.00 Lump Sum 6 Bidding $10,205.00 Lump Sum 7 Construction Support Services $58,250.00 Lump Sum Total Fee $120,025.00 Lump Sum 687 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 8 carollo.com The City shall make payments to Carollo for services performed for this task order in accordance with Article 4 of the Agreement, and in accordance with the following requirements: Charges will be invoiced on a monthly basis as a percent complete or hourly rate based on the billing method. Mileage will be charged at the current IRS Reimbursement Rate. Rates and factors underlined in this section are subject to adjustment on an annual basis. ASSUMPTIONS AND CITY RESPONSIBILITIES Due to the nature of this project, certain assumptions apply to this Scope of Services. To the extent possible, these assumptions are stated within this document and are reflected in the budget. If the project task requirements are different from the assumptions presented in this Scope of Services, or if the CITY desires additional services, the resultant change in scope will serve as a basis for amending this project assignment or initiating the development of a new project assignment as agreed to by both the CITY and CONSULTANT. The following assumptions and CITY responsibilities apply to this project: The CONSULTANT shall be entitled to rely upon the accuracy of the data and information supplied by the CITY without independent review or evaluation. The CITY shall attend all workshops, review meetings, and facilitate site visits to the facilities to maintain the progress of the project according to the schedule. The CITY will provide all required information within the period established in the schedule contained in this Scope of Services. The schedule is based on timely receipt of data and the bid process from the CITY. The CITY shall review draft deliverables and provide comments to the CONSULTANT on a prompt basis. Drawings will be developed in 2D. Design assumes CITY shall reuse all existing electrical distribution components. The CITY will provide its standard front-end documents (Division 00) for use in the bid documents. The schedule is based on timely receipt of data and the bid process from the CITY. The CITY shall review draft deliverables and provide comments to the CONSULTANT on a prompt basis. The CITY will be responsible for all permitting fees. Bidding services do not include services for any bid protests. Third party litigation services or expert witness services are not included. The period required for obtaining permit approval is beyond the control of CONSULTANT, except for issues concerning the permitting of the design and CONSULTANT’s ability to respond to permitting agency requests for information. CONSULTANT will submit permitting information and respond to requests for information promptly. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; 688 City of Boynton Beach Rehabilitation of Softeners November 4, 2025 Page 9 carollo.com unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates. The CITY will provide full-time oversight during construction to ensure the project is installed in conformance with the design documents. The CONSULTANT will not provide any assistance for Contractor Claims. The CONSULTANT will not be required to participate during equipment or vendor training. Up to two change orders will be developed as part of the ESDC services. Change orders shall be limited to the original scope of the project. New designs or significant modifications to the original scope and design intent are not included in this scope of work. Please contact us if you have questions or comments. We look forward to working with you on this project. Sincerely, CAROLLO ENGINEERS, INC. Elizabeth Fujikawa, PE, LEED AP Vice President 689 City of Boynton Beach Softener Improvements Exhibit B Clerical/ Administrative 290 285 285 290 165 160 120 1 PROJECT MANAGEMENT 4 0 14 0 0 0 4 22 $5,630.00 $0.00 $5,630.00 1.1 Project Management, Communications--10 months 4 10 4 18 $4,490.00 $0.00 $4,490.00 1.2 Monthly Progress Reports 4 4 $1,140.00 $0.00 $1,140.00 0 $0.00 $0.00 $0.00 2 PREPARE CONTRACT DOCUMENTS 0 0 2 4 8 0 0 14 $3,050.00 $0.00 $3,050.00 2.1 Data Gathering and Field Investigation 0 2 4 8 14 $3,050.00 $0.00 $3,050.00 0 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 2.2 60% Design 2 4 12 20 30 24 14 106 $21,410.00 $100.00 $21,510.00 2.2.1 60% Design 2 2 8 16 20 24 12 84 $16,650.00 $0.00 $16,650.00 2.2.2 60% Design Review Meeting 2 2 4 $900.00 $100.00 $1,000.00 0 $0.00 $0.00 $0.00 OPCC 2 4 8 2 16 $3,290.00 $0.00 $3,290.00 QAQC 2 2 $570.00 $0.00 $570.00 2.3 100% Design 2 4 13 12 32 8 16 87 $17,385.00 $600.00 $17,985.00 2.3.1 100% Design 2 8 8 24 8 8 58 $11,380.00 $500.00 $11,880.00 2.3.2 100% Design Review Meeting 2 2 4 $900.00 $100.00 $1,000.00 2.3.3 Issued for Bid Documents 1 2 4 8 15 $2,485.00 $0.00 $2,485.00 OPCC 2 2 2 6 $1,480.00 $0.00 $1,480.00 QAQC 4 4 $1,140.00 $0.00 $1,140.00 3 PERMITTING 0 0 9 0 2 0 0 11 $2,895.00 $500.00 $3,395.00 3.1 FDEP Permit Exceptions 1 2 3 $615.00 $0.00 $615.00 3.2 Boynton Beach Building Department Permit 8 8 $2,280.00 $500.00 $2,780.00 0 $0.00 $0.00 $0.00 4 BIDDING 0 0 7 6 22 8 8 51 $9,605.00 $600.00 $10,205.00 4.1 Pre-Bid Conference 2 2 4 $900.00 $100.00 $1,000.00 Bidder RFI 2 2 8 12 $2,470.00 $0.00 $2,470.00 Addendum 2 2 8 4 4 20 $3,590.00 $0.00 $3,590.00 4.2 Conformed Drawings 1 2 4 4 4 15 $2,645.00 $500.00 $3,145.00 0 $0.00 $0.00 $0.00 5 CONSTRUCTION PHASE SERVICES 2 0 34 40 176 20 20 292 $56,510.00 $1,740.00 $58,250.00 Preconstruction Conference 2 2 4 $900.00 $100.00 $1,000.00 Progress Meetings (6 months) 6 6 12 24 $4,140.00 $0.00 $4,140.00 RFIs 4 8 16 8 36 $7,380.00 $0.00 $7,380.00 Shop Drawings and Submittals 4 12 24 8 48 $9,540.00 $0.00 $9,540.00 Change Order Proposals 4 4 16 24 $4,940.00 $0.00 $4,940.00 Site Visits 8 8 96 112 $20,440.00 $1,440.00 $21,880.00 Substantial Completion 2 2 4 8 $1,810.00 $100.00 $1,910.00 Final Completion 2 2 2 4 10 $2,390.00 $100.00 $2,490.00 FDEP Clearance 0 $0.00 $0.00 $0.00 Review of Asbuilt Drawings 2 4 8 12 26 $4,970.00 $0.00 $4,970.00 0 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 TOTAL HOURS 10 8 91 82 270 60 62 583 TOTAL COST $2,900.00 $2,280.00 $25,935.00 $23,780.00 $44,550.00 $9,600.00 $7,440.00 $116,485.00 $3,540.00 $120,025.00 Task Description Chief Professional (Lead Struc.) Designer (CADD) Total Hours Labor Cost Expense Labor Hours and Cost Chief Professional (Client Mgt) Chief Professional (QA/QC) Sr. Project Manager Professional Total Cost 690 Y A l r~ 4 19 r O , 6P 4 ON 9 GENERAL ENGINEERING CONSULTING SERVICES AGREEMENT 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 CAROLLO ENGINEERS, INC. a [type of entity: corporation] authorized to do business in the State of Florida, with a business address of 2056 Vista Parkway, Suite 150, West Palm Beach, FL 33411, hereinafter referred to as "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the CITY solicited proposals for a non-exclusive agreement to perform General Engineering Consulting Services, and WHEREAS, the CITY issued a Request for Qualification for General Engineering Consulting Services; and WHEREAS, RFQ No. CW24-001 defined Scope of Services for General Engineering Consulting Services; and WHEREAS, the CITY determined that VENDOR was qualified for appointment to perform the scope of services set forth in RFQ No. CW24-001; and WHEREAS, the CITY Commission on July 16, 2024, determined that VENDOR was qualified for appointment to perform the scope of services set forth in the Request For Qualifications RFQ No. CW24-001; and NOW,THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. SERVICES AND RESPONSIBILITIES. 1.1 VENDOR hereby agrees to perform the General Engineering Consulting Services, by way of individual Task Orders, at the request of the CITY during the term of this Agreement as more particularly described in the Request for Qualifications RFQ No. CW24-001 for General Engineering Consulting Services, which is incorporated herein by reference. The specific projects that may be assigned to the VENDOR are in conjunction with the specific EI box next to the Scope Category: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ID Scope Category E Architectural Services Scope Category F Hydrogeological Services El Scope Category G Green Infrastructure, Sustainability, and Resiliency Services Scope Category H Geotechnical Services Scope Category J Civil Land Development Services Scope Category K Recreation and Parks Services 1.2 The VENDOR agrees to perform work assigned by Task Order(s) (the"Services") under such terms as set forth in the Task Order(s). The Task Order Form is attached hereto as Exhibit A. The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. RFQ CW24-001 General Engineering Consulting Services A-1 691 1.3 VENDOR shall furnish all services, labor, equipment, supplies, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all Services performed under this Agreement shall be done in a professional manner. 1.4 VENDOR assumes professional and technical responsibility for 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 VENDOR thereof in writing, VENDOR agrees to re-perform such deficient services without charge to the CITY. 1.5 The relationship between CITY and VENDOR created hereunder and the services to be provided by VENDOR pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other VENDORS to perform the same or similar services performed by VENDOR hereunder, so long as no other consultant shall be engaged to perform the specific project(s)assigned to VENDOR while VENDOR is so engaged without first terminating such assignment. VENDOR 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, 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 VENDOR hereunder. 1.6 The VENDOR is responsible for defects in its work and in the work of its Sub consultants'. 1.7 PRELIMINARY SERVICES PHASE: The VENDOR shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The VENDOR shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.7.1 During the preliminary services phase, the VENDOR shall advise the CITY, based on VENDOR'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; VENDOR to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the VENDOR'S findings and recommendations. 1.7.2 Preliminary design services to be performed by the VENDOR shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.7.3 VENDOR shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.7.4 Upon authorization of the CITY, the VENDOR will provide advice and assistance relating to operation and maintenance of project or other systems;evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. RFQ CW24-001 General Engineering Consulting Services A-2 692 1.8 BASIC SERVICES: The VENDOR shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.9 FINAL DESIGN SERVICES shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits, and landfill permits. 1.9.1 The VENDOR based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule, or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical,and electrical systems,and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The VENDOR shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.9.2 The VENDOR based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.9.3 The VENDOR shall assist the CITY in the preparation of the necessary proposal information and forms. 1.9.4 The VENDOR shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.9.5 The VENDOR shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.9.6 VENDOR shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked-up construction drawings to the VENDOR so that the VENDOR can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.9.7 Prior to final approval of the Construction Documents by the CITY,the VENDOR shall conduct a thorough review and quality control evaluation of the entire work product for compliance with the requirements of any local, state, or federal agency from which a permit or other approval is required. The VENDOR shall make sure that all necessary approvals have taken place. 1.9.8 Prior to each phased submittal, the VENDOR shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The VENDOR shall provide to the RFQ CW24-001 General Engineering Consulting Services A-3 693 CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.9.9 The VENDOR shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The VENDOR shall comply with all of its governing laws, rules, regulations, codes, directives, and other applicable federal, state, and local requirements in preparation of the work. 1.10 The VENDOR shall provide the construction documents, technical specifications, and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.11 The VENDOR, following the CITY's approval of the Construction Documents and the latest estimate of probable Construction Cost, shall, when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals and assist in preparing contracts for construction. 1.11.1 The VENDOR shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.11.2 Any Opinion of the Construction Cost prepared by VENDOR represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since VENDOR has no control over market conditions, VENDOR does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans,through no fault of the VENDOR or if either local market conditions or industry-wide prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the VENDOR renders the Final estimated probable Construction Cost of the Final Design Plans, the VENDOR shall not be responsible for any redesign without compensation, which shall be mutually agreed to by the parties hereto. 1.11.3 The VENDOR shall provide the CITY with a list of recommended prospective bidders. 1.11.4 The VENDOR shall attend all pre-proposal/per-bid conferences. 1.11.5 The VENDOR shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.11.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals, Request for Qualifications or Invitation to Bid (two-step bid process), VENDOR shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.11.7 If requested, VENDOR shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.12 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the work after receiving a recommendation from the VENDOR. The VENDOR shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The VENDOR shall also review change orders prepared and submitted by RFQ CW24-001 General Engineering Consulting Services A-4 694 Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The VENDOR will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.12.1 The CITY shall maintain a record of all change orders, which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.12.2 If the VENDOR is not the Construction Manager for the construction, the CITY shall notify the VENDOR within three (3) business days of the discovery of any architectural/engineering error or omission so that the VENDOR can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.13 The VENDOR shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the VENDOR shall sign the schedule of values indicated in the belief that the schedule of values constitutes a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.14 The VENDOR shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.19 "Resident Project Services" of this Agreement. The VENDOR observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the VENDOR will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the work completed. The VENDOR shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The VENDOR shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the work, nor shall the VENDOR be responsible for the Contractor's failure to perform the work in accordance with the requirements of the Contract Documents. The VENDOR shall not have control over or charge of, and shall not be responsible for,acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the VENDOR shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the VENDOR will also represent to the CITY that to the best of its information and belief, based on what its observation has revealed, the work is in accordance with the Construction Documents. The VENDOR shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.15 The VENDOR shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings, and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.16 The VENDOR shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. RFQ CW24-001 General Engineering Consulting Services A-5 695 1.17 The VENDOR shall review change orders prepared and submitted by the Contractor for the CITY'S approval. VENDOR shall not authorize any changes in the work or time, no matter how minor, without prior written approval by the CITY. 1.18 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by VENDOR,which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by VENDOR that all releases of liens are satisfied, and written recommendation by VENDOR for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.19 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the VENDOR will, if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the VENDOR. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but are not limited to the following: a. Conducting all pre-construction conferences; b. Conducting all necessary construction progress meetings; c. Observation of the work in progress to the extent authorized by the CITY; d. Receipt, review coordination, and disbursement of shop drawings and other submittals; e. Maintenance and preparation of progress reports; f. Field observation and verification of quantities of equipment and materials installed; g. Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; h. Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project-related documents, and at the completion of each project, deliver all such records to the CITY; i. Preparation, update, and distribution of a project budget with each project schedule; j. Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; k. Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, and suppliers can jointly discuss such matters as procedures, progress, problems, and scheduling. I. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; m. Development and implementation of a system for the preparation, review, and processing of change orders; n. Maintenance of a daily log of each project; o. Recording the progress of each project, and submission of written monthly progress reports to the CITY, including information on the Contractors'work and the percentage of completion; p. Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and q. Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the VENDOR or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided, however, that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the VENDOR. The Resident Project Representative shall not have control over or charge of,or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, RFQ CW24-001 General Engineering Consulting Services A-6 696 and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the work. Although VENDOR shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), VENDOR shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by VENDOR'S employees or representatives. VENDOR shall not be responsible for CITY's pre- existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of VENDOR. VENDOR shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors, or others at the project site ("Project Site") other than for VENDOR's employees, sub-consultants, and vendors. 1.20 ADDITIONAL SERVICES 1.20.1 When additional services are necessary, they shall be specified in the written Task Order. Examples of additional non-exclusive services are: a. Preparation of applications and supporting documents for private or governmental grants, loans, or advances in connection with any particular project. b. Services to make measured drawings of or to investigate existing conditions or facilities or to verify the accuracy of drawings or other information furnished by or to the CITY. c. Services resulting from significant changes in the general scope, extent, or character of any particular project or its design, including but not limited to changes in size, complexity, the CITY's schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the VENDOR'S control. d. Providing renderings or models for the CITY's use. e. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. f. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance, and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. g. Assistance in connection with Proposal/proposal protests, re-bidding or re- negotiating contracts for construction, materials, equipment, or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the VENDOR (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. h. Preparing to serve or serving as a VENDOR or witness for the CITY in any litigation, arbitration, or other legal or administrative proceeding. i. Additional services in connection with a project not otherwise provided for in this Agreement. RFQ CW24-001 General Engineering Consulting Services A-7 697 j. Services in connection with a field order or change order requested by the CITY. k. Providing artwork, models, or renderings as requested by the CITY. 1.21 When required by the Construction Contract documents in circumstances beyond the VENDOR'S control, and upon the CITY'S authorization, it will furnish the following additional services. a. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. b. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the VENDOR. c. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3)acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the VENDOR or if the VENDOR fails to notify the Contractor of the deficient quality of their workmanship pursuant to VENDOR'S duties as described in the Contract Documents, the VENDOR's additional services shall be deemed part of Basic Services and compensated as such. d. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. e. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. f. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the VENDOR in which case such services shall be deemed Basic Services. Except when caused by a design error by the VENDOR, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. 1.22 CITY'S RESPONSIBILITIES 1.22.1 The CITY shall do the following in a timely manner so as not to delay the services of the VENDOR: 1.22.2 Designate in writing a person or persons to act as the CITY's representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the VENDOR'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this Agreement based on the specific Task Orders from each of the Scope Categories. 1.22.3 Provide all criteria and full information as to the CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.22.4 Assist the VENDOR by providing, at the VENDOR's request, all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the project. RFQ CW24-001 General Engineering Consulting Services A-8 698 1.22.5 Furnish to the VENDOR, if required for the performance of VENDOR's services except where otherwise furnished by the VENDOR as Additional Services), the following: 1.22.6 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspection of samples, materials, and equipment; 1.22.6.1 Appropriate professional interpretations of all of the foregoing; 1.22.6.2 Environmental assessment and impact statements; 1.22.6.3 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.22.6.4 Property descriptions; 1.22.6.5 Zoning, deed, and other land use restrictions; 1.22.6.6 Approval and permits required in the CITY's jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the VENDOR; and 1.22.6.7 Arrange for access to make all provisions for the VENDOR to enter upon the CITY's property as required for the VENDOR to perform services under this Agreement. 1.22.6.8 Consistent with the professional standard of care and unless otherwise specifically provided herein, VENDOR shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. 1.23 SEQUENCE OF EVENTS 1.23.1 Following receipt of any Task Order, the VENDOR shall submit to the CITY, at least five (5) business days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.23.2 Task Orders will be issued to the VENDOR in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by VENDOR pursuant to this Agreement. 1.23.3 In accordance with the CITY's Purchasing Policy Manual, proposals received by the VENDOR as a result of a Task Order that exceeds the Procurement threshold amount, will require approval from CITY Commission before the execution of services. 1.23.4 When the CITY issues Task Orders to the VENDOR, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of VENDOR, failure of the VENDOR to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.23.5 It is anticipated and intended that the VENDOR will be authorized to begin new Task Order(s) on a "rolling" basis, as some already assigned Task Orders near timely completion. If a subsequent Task Order is issued to the VENDOR before it has completed the current Task Order, the completion date for each Task Order will remain independent of each other so that the VENDOR will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to RFQ CW24-001 General Engineering Consulting Services A-9 699 complete the"older"Task Orders in a timely manner may adversely impact continued early authorization to start subsequent work. 1.23.6 When the VENDOR has exceeded the stated completion date, including any extension for extenuating circumstances, which may have been granted, a written notice of Default will be issued within seven (7) calendar days of the date that the default became active with a requirement of seven (7) calendar days to cure said default, to the VENDOR and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.23.7 Should the VENDOR exceed the assigned completion time, the CITY reserves the right not to issue to the VENDOR any further Task Order(s) until such time as it is no longer in default and the VENDOR has demonstrated to the CITY's satisfaction, the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent Task Orders. This restricted issuance provision may result in the VENDOR not being issued all of the planned work the CITY anticipated in this Agreement. The VENDOR shall have no right to the balance of any work or to any compensation associated with these non-issued Task Orders due to the VENDOR being rendered in default. 1.23.8 Should the VENDOR remain in default for a period of fifteen(15)consecutive calendar days beyond the time frame provided in Paragraph 1.23.6, the CITY may at its sole option retain another VENDOR to perform any Services arising out of this Agreement and/or terminate this Agreement. 1.24 DEFINITION OF DEFAULT 1.24.1 An event of default shall mean a material breach of this Agreement. Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: a. VENDOR has not performed services on a timely basis due to VENDOR's negligent errors or omissions; b. VENDOR has refused or failed to supply enough properly skilled personnel; c. VENDOR has failed to make prompt payments to VENDOR's sub-consultants or suppliers for any services after receiving payment from the CITY for such services or supplies; d. VENDOR has failed to obtain the approval of the CITY where required by this Agreement; e. VENDOR has refused or failed to provide the services as defined in this Agreement; f. VENDOR has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90) calendar days of such date; g. CITY has failed to make payments to VENDOR in accordance with the requirements of this Agreement; 1.24.2 In the event of Default,the VENDOR shall be liable for all damages resulting from the Default including: a. The difference between the amount that has been paid to the VENDOR and the amount required to complete the VENDOR's Services, provided the fees by the firm replacing the VENDOR are reasonable and the hourly rates do not exceed the VENDOR'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. b. In the event of default by the City, VENDOR may suspend the Services pending receipt of such payment. 1.24.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of RFQ CW24-001 General Engineering Consulting Services A-10 700 the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. 1.25 VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.26 The CITY's Representative during the performance of this Agreement shall be Keith Webber, or Designee. 1.27 The VENDOR's Representative during the performance of the Agreement shall be Elizabeth Fujikawa (efujikawa@carollo.com). 2. TERM. The initial Agreement period shall be for an initial term of two (2) years. commencing on 11/19/2024. and shall remain in effect through 11/18/2026. The City reserves the right to automatically renew the Agreement for two (2) two-year renewals subject to termination clause(s) as provided herein. The City requires firm fixed rates for the initial agreement term. Either party must give a sixty calendar day(s) written notice prior to the Agreement anniversary date of the intent to not renew for the renewal term. The initial term and any exercised renewal terms are collectively referred to as the "Term." Automatic renewal terms will be based on the same terms, conditions, pricing, specifications, and services herein. The VENDOR understands and acknowledges that all services to be performed will be governed by this Agreement and that there is no guarantee of any assignment. minimum amount of professional services, compensation, or future work being given to the VENDOR. 3 Limited Term Extension: The CITY may, at its sole discretion and without further City Commission action, extend the term of this Agreement for an additional one-hundred and eighty (180) calendar days (the "limited term extension") by filing a written notice signed by the Vendor and the City's Purchasing Department. At no time shall this limited term extension extend more than one-hundred eighty (180) calendar days beyond the expiration date of this Agreement without further City Commission approval. The VENDOR will be reimbursed for these services at the rate in effect when this limited term extension clause was invoked by the CITY. 4. TIME OF PERFORMANCE /METHOD OF ORDERING SERVICES. 4.1. Services under this Agreement shall commence upon the CITY's written notice to the VENDOR through an executed Task Order. The VENDOR shall perform all Services and provide all work products required pursuant to this Agreement and the specific Task Order by the sequence of events, or unless the CITY grants an extension of time in writing. 4.2. Limitations. No Task Order issued under this Agreement will be valid if the estimated construction cost of the specific project or the study activity fee exceeds the amounts set forth in Section 287.055, Florida Statutes. 4.3. VENDOR shall complete each Task Order executed during the Term 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 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 Task Orders notwithstanding the expiration of this Agreement. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for Services rendered as follows: a. Payment for the Services provided by VENDOR shall be made in accordance with the Fee Schedule as provided in Exhibit B attached hereto. b. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials. supplies. equipment. and incidentals necessary to complete the Services. c. Compensation for vendor's sub-consultants will be negotiated based on each Task Order. Compensation will be through a direct mark-up in accordance with the Fee Schedule attached RFQ CW24-001 General Engineering Consulting Services A-11 701 hereto. Sub-consulting services shall be approved by the City's representative in writing prior to performance of the sub-consulting work. Consulting time for processing and management of the VENDOR's sub-consultant shall not be included in direct cost as the direct mark-up is applied for management efforts. d. The VENDOR may submit invoices to the CITY once per month during the progress of the Srevices for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. e. In certain cases where incremental billing for partially completed Services is permitted by the CITY's representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. f. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to-exceed method, the VENDOR shall submit a not- to-exceed proposal to the CITY's representative for prior approval based on estimated labor hours and hourly rates,which shall not exceed the established hourly rates set forth in the Fee Schedule, plus any sub-consultant services and other related costs supporting the proposed Services. The CITY shall not be obligated to reimburse the VENDOR for costs incurred in excess of the total not-to-exceed cost amount. g. Final payment of any balance due to the VENDOR of the total Task Order price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Services under this Agreement and its acceptance by the CITY. h. Final Invoice: In order for both parties herein to close their books and records, the VENDOR will clearly state"Final Invoice"on the VENDOR's final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, any other further charges, if not properly included on this invoice, are considered waived by the VENDOR. i. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. j. Hourly rates shall remain fixed and firm for the initial two (2) year period of this Agreement. Cost of subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes as determined by the City, have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumer Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase or decrease in the CPI shall be based on the latest index published and available ninety (90) calendar days prior to the end of the Agreement year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty 60) calendar days prior to the Agreement anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of this Agreement. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the VENDOR, a reasonable reduction in costs that reflect such changes in the industry. All rate increases above 2% must be approved by the City Commission on the recommendation of the Director of Financial Services. k. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Agreement may be canceled by the CITY upon giving thirty (30) calendar days'written notice to the VENDOR. I. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. RFQ CW24-001 General Engineering ConsultingServices99 A-12 702 6. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of any project / Task Order and final payment to VENDOR, all documents, drawings, specifications, and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the VENDOR shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with VENDOR's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of VENDOR, shall be at the CITY's sole risk and without liability to VENDOR and VENDOR's sub-consultants. 7. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 8. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's Services shall meet or exceed the standard of care and skill ordinarily used by members of VENDOR's profession practicing under similar circumstances. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 9. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. 10. INDEMNIFICATION. A. The VENDOR 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 VENDOR or other persons employed or utilized by VENDOR 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, incidential, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF VENDOR MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT 11. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Risk Management Director. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: a. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees RFQ CW24-001 General Engineering Consulting Services A-13 703 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. b. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations, and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)calendar days prior written notice to the CITY. c. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. d. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of 1,000,000 per occurrence. e. 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. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded to the CITY, its officers,officials,employees, or volunteers.A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management Director. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 12. INDEPENDENT VENDOR/CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent vendor/contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing RFQ CW24-001 General Engineering Consulting Services A-14 704 to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 13. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate"within one (1) year following payment. 15. SUBCONTRACTING. A. VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY B. The CITY reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and to inspect all facilities of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. If the VENDOR uses any sub-consultants on this project, the following provisions of this Article shall apply: C. If a sub-consultant fails to perform or make progress, as required by this Agreement, and it is necessary to replace the sub-consultant to complete the Services in a timely fashion, the VENDOR shall promptly do so, subject to acceptance of the new sub-consultant by the CITY. The substitution of a sub-consultant shall not be adequate cause to excuse a delay in the performance of any portion of this Agreement as set forth in the Scope of Work or applicable Task Order. D. The VENDOR, its sub-consultants, agents, servants, or employees agree to be bound by the terms and conditions of this Agreement and its agreement with any sub-consultant for work to be performed for the CITY the VENDOR must incorporate the terms of this Agreement. 16. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 17. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 18. NON-WAIVER. A waiver by either CITY or VENDOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 19. TERMINATION. RFQ CW24-001 General Engineering Consulting Services A-15 705 A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 20. DISPUTES. A. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction exclusively located in Palm Beach County. B. Correction of Work. If, in the judgment of CITY, work provided by VENDOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment,delay, refusal,failure, neglect, or default is not cured within seven (7) calendar days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. a. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered or expenses incurred by reason of default, shall be due and payable to VENDOR. b. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. c. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. d. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time,whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within thirty (30) calendar days of the receipt by VENDOR of such notice from CITY. 21. UNCONTROLLABLE FORCES. 21.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, RFQ CW24-001 General Engineering Consulting Services A-16 706 earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 21.2 Neither party shall, however, be excused from performance if non-performance is due to forces, which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 22. CITY PROVIDED INFORMATION AND SERVICES. 22.1 CITY shall furnish VENDOR available studies, reports, and other data pertinent to VENDOR'S services; obtain or authorize VENDOR to obtain or provide additional reports and data as required; furnish to VENDOR services of others required for the performance of VENDOR's Services hereunder, and VENDOR shall be entitled to use and rely upon all such information and services provided by CITY or others in performing VENDOR's Services under this Agreement. 23. ESTIMATES AND PROJECTIONS. 23.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, VENDOR has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs;competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, VENDOR makes no warranty that CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from VENDOR's opinions, analyses, projections, or estimates. 24. THIRD PARTIES. 24.1 The services to be performed by VENDOR are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on VENDOR's performance of its services hereunder, and no right to assert a claim against VENDOR by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of VENDOR's services hereunder. 25. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561)742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Elizabeth Fujikawa Carollo Engineers, Inc. Address:2056 Vista Parkway Suite 150 West Palm Beach, FL 33411 Phone: 561-868-6400 Email: efujikawa@carollo.com 26. INTEGRATED AGREEMENT.This Agreement, together with RFQ and any addenda and/or attachments, represents the entire and integrated Agreement between the CITY and the VENDOR and supersedes all RFQ CW24-001 General Engineering Consulting Services A-17 707 prior negotiations, representations, or agreements, written or oral. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. 27. PUBLIC RECORDS.The CITY is a public agency subject to Chapter 119, Florida Statutes. The VENDOR shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, VENDOR shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the Agreement, VENDOR shall transfer to the CITY, at no cost to the CITY,all public records in VENDOR's possession.All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CityClerk@bbfl.us 28. E-VERIFY. 28.1 VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. Definitions for this Section: A. "Contractor, Vendor, Proposer, Consultant" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. RFQ CW24-001 General Engineering Consulting Services A-18 708 28.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E- Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the Agreement; 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. By entering into this Agreement, 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. 28.1.3 Contract Termination. 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 29. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5)calendar days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety(90)calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 30. 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. 31. CONFLICTS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of this Agreement, Exhibits, any Task Order, VENDOR's Proposal, or other documents incorporated into this Agreement, such conflict shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) any Task Order, (3)the RFQ, and (4) VENDOR's Proposal. 32. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT. VENDOR 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). 33. DOMESTIC PREFERENCE FOR PROCUREMENTS. As appropriate and to the extent consistent with law, the VENDOR 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 the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items RFQ CW24-001 General Engineering Consulting Services A-19 709 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. 34. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS. If applicable,the VENDOR 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 Agreement, VENDOR will identify such data and grant to the CITY or acquire 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 Agreement, VENDOR will deliver to the VENDOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this Agreement in formats acceptable by VENDOR. 35. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual's personal identifying information under this Agreement. VENDOR represents and certifies: (i) VENDOR is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in VENDOR; and (iii) VENDOR is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to VENDOR and any subcontractor having access to personal identifying information pursuant to this Agreement, VENDOR and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the 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. 36. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, 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. 37. COUNTRIES OF CONCERN. VENDOR represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. 38. DULY LICENSED. VENDOR represents that it is duly licensed in Florida to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. SIGNATURE PAGE FOLLOWS RFQ CW24-001 General Engineering Consulting Services A-20 710 This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this /9 day of Jer'vi 200 q . CITY OF BOYNTON BEAC. bux, -.A 7----- IP if V 74 21/ Ty Pense • , • .r.r Authorized Official Name), (Vendor) Elizabeth Fujikawa, P.E. Print Name of Authorized Official Vice President F,•r}G11V ,••, Title 0 . ,.... •. c.4'• S u r•:n Corporate Seal) S a r`pY N TON`S, i r 0 Os .,WOR,q; 1 fir ice::' F...-7 'I qV,]p'. 'Attest/Authenticated: SEAL •_ ; i ; INCORPORATED; i' 1920 I Witness 11‘ FLORIOP` = Laura Baumberger Print Name Approved as to Form: 5•Ak./(K L.I. ar,6 Shawna G. Lamb, Office of the City Attorney Attest/ uth ntica -.a ,---- Maylee De esu v City Clerk 1111 RFQ CW24-001 General Engineering Consulting Services A-21 711 EXHIBIT A Form of Task Order CITY OF BOYNTON BEACH General Engineering Consulting Services Task Order Task Order No. Consultant: 1. Task/Project. 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. For study/design related services: Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit For project administration services: Consultant shall provide project/construction administration services in accordance with the Agreement and project schedule. 4. Compensation. The total estimated construction costs of the Project or the cost of the study or report for this Task Order may not exceed the amounts set forth in Section 287.055, Florida Statutes. The total Fee to be paid to the 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 General Engineering Consulting Services 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. RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 712 8. Notice to Proceed (Task Order Form and Purchase Order). If checked, Consultant'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 Consultant. If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Purchase Order (PO) and Notice to Proceed. CONSULTANT: CITY OF BOYNTON BEACH By: By: Daniel Dugger, City Manager Print Name: Date: 20 Date: 20_ City Attorney's Office Approved as to form and legality By: RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 713 Exhibit B Fee Schedule PERSONNEL CLASSIFICATIONS HOURLY RATE Principal 300.00 Chief Professional 290.00 Senior Project Manager 285.00 Project Manager 260.00 Senior Process Professional 250.00 Staff Process Professional 225.00 Principal Professional 270.00 Senior Professional 225.00 Lead Professional 195.00 Professional 165.00 Staff Professional 140.00 Sr. Electrical Engineer 250.00 Electrical Engineer 200.00 Process Controls/Inst. Engineer 200.00 Sr. Mechanical Engineer 250.00 Mechanical Engineer 200.00 Engineering Technician Senior Architect 250.00 Architect 200.00 Landscape Architect Environmental Specialist Inspector(Zoning and landscape) Inspector(Transportation) Senior Landscape Architect Senior Surveyor/Mapper Surveyor/Field Survey Chief Designer 160.00 Senior Designer 200.00 Urban Designer Chief Designer Hydrogeologist Principal Hydrogeologist Planning Technician GIS Specialist 200.00 Structural Engineer 250.00 CADD/Technician 140.00 Architectural CADD/Technician Planner Senior Planner Transportation Planner Transportation Planning Technician Public Relations Specialist Senior Construction Manager 280.00 Construction Manager 250.00 Senior Construction Inspector 200.00 Construction Inspector 180.00 Rate Analyst Senior Rate Analyst 250.00 Senior Grant Analyst 250.00 Grant Analyst 200.00 Grant Specialist 200.00 Clerical Administrative 120.00 Reimbursable Expenses: Direct costs such as postage, prints, and delivery services will be billed at cost. Mark-up % Sub-Consultants Fee: 10% 714 ATTACHMENT "A" 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 a Certificate is provided upon selection of vendor.) Thefollowing 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 orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners & Contractor's Protective (OCP) Personal&Adv. Injury 1,000,000.00 Asbestos Abatement Each Occurrence 1,000,000.00 Lead Abatement Fire Damage (any one fire) 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate 1,000,000.00 Automobile Liability Combined Single Limit 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 1,000,000.00 Disease, Policy Limit 1,000,000.00 Disease Each Employes 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 INSURANCE ADVISORY FORM RFQ CW24-001 General Engineering Consulting Services Insurance Advisory 715 ATTACHMENT "B" r 0A r 1. 4TON 6 47 AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS The undersigned,on behalf of the entity listed below("Entity"),hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: 287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of,and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: October 18 20 24 Signed: & 6eAur.&iuva Entity: Carollo Engineers, Inc. Name: Elizabeth Fujikawa Title: Vice President STATE OF Florida COUNTY OF Sarasota The foregoing instrument was acknowledged before me, by means of physical presence or'online notarization, this 18 day of October 20 24, by Fli7abeth Fujikawa as for Carollo Engineers. Inc who is personally known to me or who has produced n/a personally known as identification. Completed via Remote Online Notarization using 2 way AudioNideo technology. Notary Public Signature: 1 State of Florida at Large (Seal) Print Name: Michelle Ryan ii:i&PtI4;. MICHELLE RYAN c _ Notary Public-State of Florida I My commission expires: 12/11/2026 g Commission#HH 334778 0 My Comm. Expires Dec 11, 2026 IlaWlaWWWWWWWffieWilb Affidavit of Compliance with Foreign Entity Laws must be completed and returned with the signed Agreement RFQ CW24-001 General Engineering Consulting Services Affidavit of Compliance with Foreign Entity Laws NotaryCam Doc ID: b9e5c440-d8d1-4bec-8300-0499e269e4d1 716 Y p S 4" roN e AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled Human Trafficking." Date: October 18, 20 24 Signed: 5Z t2 I e azva Entity: Carollo Engineers, Inc. Name: Elizabeth Fujikawa Title: Vice President STATE OF Florida COUNTY OF Sarasota The foregoing instrument was acknowledged before me, by means of physical presence or Vonline notarization, this 18 October day of _, 20 24 by as Flizaheth Fujikawa for farnlln Engineers, Inc who is personally known to me or who has produced n/a personally mown as identification. Completed via Remote Online Notarization using 2 way AudioNideo technology. Notary Public Signature: 1 State of Florida at Large(Seal) Print Name: Michelle Ryan My commission expires: 12/11/2026 miariahmariabirdhriamiabigamdbmarrawillif o v P aG w MICHELLE RYAN I = • ; Notary Public - State of Florida a . gull. o: o Commission # HH 334778 F F' My Comm. Expires Dec 11, 2026 Affidavit of Compliance with Anti-Human Entity Laws must be completed and returned with the signed Agreement RFQ CW24-001 General Engineering Services Affidavit of Compliance with Anti-Human Trafficking Laws NotaryCam Doc ID: b9e5c440-d8d1-4bec-8300-0499e269e4d1 717 RESOLUTION NO. R24-291 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AWARDING REQUEST FOR QUALIFICATION NO. 5 CW24-001 FOR GENERAL ENGINEERING CONSULTING SERVICES TO 6 BAXTER & WOODMAN, INC., BEA ARCHITECTS, INC., CAROLLO 7 ENGINEERS, INC., CAULFIELD & WHEELER, INC., CDM SMITH, INC., 8 CHEN MOORE AND ASSOCIATES, INC., COLLIERS ENGINEERING & 9 DESIGN, INC., CPZ ARCHITECTS, INC., CRAVEN THOMPSON & 10 ASSOCIATES, INC., EXP U.S SERVICES, INC., GHD SERVICES, INC., 11 HAZEN AND SAWYER P.C., JACOBS ENGINEERING GROUP, INC., 12 JOHNSON, MIRMIRAN &THOMPSON, INC., KEITH AND ASSOCIATES, 13 INC., KIMLEY-HORN AND ASSOCIATES, INC., MCKIM & CREED, INC., 14 MILLER, LEGG & ASSOCIATES, INC., RADISE INTERNATIONAL, L.C., 15 SOUTH FLORIDA ENGINEERING AND CONSULTING LLC, TIERRA 16 SOUTH FLORIDA, INC., AND WEST ARCHITECTURE + DESIGN, LLC; 17 APPROVING AGREEMENTS WITH EACH AWARDED VENDOR; 18 APPROVE TASK ORDER NO. GES-1J-01-25 WITH KEITH AND 19 ASSOCIATES, INC., FOR AN AMOUNT NOT TO EXCEED $159,000 FOR 20 THE MANGROVE PARK BOARDWALK REMOVAL PROJECT; APPROVE 21 TASK ORDER NO. GES-1 E-01-25 WITH CPZ ARCHITECTS, INC., FOR AN 22 AMOUNT NOT TO EXCEED $135,000 FOR THE LAWRENCE ROAD - 23 BEAUTIFICATION PROJECT; AND FOR ALL OTHER PURPOSES. 24 25 WHEREAS, on July 16, 2024, the City Commission approved the list of the three (3) top- 26 ranked proposers identified by the Evaluation Committee from the responses received from RFQ 27 CW24-001 for General Engineering Consultant Services, who authorized staff to conduct 28 negotiations with the firms as follows: 29 Scope A - Water Plant Modifications, Capacity & Operational Evaluations Carollo Engineering, Inc. Jacobs Engineering Group, Inc. McKim & Creed Scope B - Infrastructure Improvements & Evaluations CDM Smith, Inc. Carollo Engineering, Inc. Baxter & Woodman, Inc. Scope C - Ancillary Studies and Services 718 Carollo Engineering, Inc. CDM Smith, Inc. Scope D - Transportation Johnson, Mirmiran & Thompson, Inc. Kimley-Horn and Associates, Inc. Baxter & Woodman, Inc. Scope E - Architectural Design Services CPZ Architects, Inc. West Architecture + Design, LLC BEA Architects, Inc. Scope F - Hydrogeological Services Jacobs Engineering Group, Inc. Hazen and Sawyer South Florida Engineering and Consulting Scope G - Green Infrastructure, Sustainability, and Resiliency Services EXP US GHD Services, Inc. Chen Moore and Associates Scope H - Geotechnical Services Colliers Engineering & Design, Inc. Radise International, L.C. Tierra South Florida, Inc. Scope J - Civil Land Development Keith and Associates, Inc. Craven Thompson & Associates, Inc. Caulfield Wheeler, Inc. Scope K - Recreation and Parks Services 4 i 719 Miller Legg Keith and Associates Kimley-Horn and Associates, Inc. 39 40 WHEREAS, the RFQ was advertised, and submissions were opened on December 19, 2023. 41 The City received a total of eighty-one (81) proposals, and the top-ranked proposers for each 42 scope (either 2 or 3, depending on the specific scope) were presented to the City Commission on 43 July 16, 2024, for approval and authorization to proceed with negotiations aimed at establishing 44 contract agreements for ongoing services, in compliance with section 287.055, Florida Statutes, 45 the Consultants' Competitive Negotiation Act; and 46 WHEREAS, emphasis was placed on the Schedule of Professional Fees to establish hourly 47 rates for the initial contract period. After comparing the submissions from each firm, it became 48 evident that negotiation sessions were necessary. Firms with significantly higher rates were 49 contacted for further discussion. In accordance with section 287.055, Florida Statutes, staff now 50 believes these rates are fair, competitive, and reasonable. Consequently, the attached Schedule of 51 Professional Fees will be fixed and firm for the initial two-year term. The City reserves the right to 52 automatically renew the Agreement for two (2) two-year renewals based on the same terms and 53 conditions; and 54 WHEREAS, Task Orders will be generated when specific projects are realized, utilizing the 55 Schedule of Professional Fees as the basis for the overall cost of each task. Task Orders will be 56 submitted to the Commission for approval in accordance with the City's Purchasing Policies and 57 Procedures; and 58 WHEREAS, in order to expedite our standard process, Staff requests that the City 59 Commission approve an expenditure of a budgeted not-to-exceed amount of $159,000 to Keith 60 & Associates, Inc., through Task Order No. GES-1J-01-25 utilizing Scope J—Civil Land 61 Development Services for the Mangrove Park—Boardwalk Removal Project, as well as an 62 expenditure of a budgeted not-to-exceed amount of $135,000 to CPZ Architects, Inc., through 63 Task Order No. GES-1E-01-25 utilizing Scope E - Architecture Services (Landscape Architecture) 64 for the Lawrence Road - Beautification Project; and 720 65 WHEREAS, staff will negotiate these proposals based on the provided scope of work, and 66 it is possible that the final costs may come in under the budgeted amount outlined above; and 67 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 68 best interests of the city's citizens and residents to award Request for Qualification No. CW24-001 69 for General Engineering Consulting Services to Baxter & Woodman, Inc., BEA Architects, Inc., 70 Carollo Engineers, Inc., Caulfield & Wheeler, Inc., CDM Smith, Inc., Chen Moore and Associates, 71 Inc., Colliers Engineering & Design, Inc., CPZ Architects, Inc., Craven Thompson & Associates, Inc., 72 EXP U.S Services, Inc., GHD Services, Inc., Hazen and Sawyer P.C., Jacobs Engineering Group, Inc., 73 Johnson, Mirmiran &Thompson, Inc., Keith and Associates, Inc., Kimley-Horn and Associates, Inc., 74 McKim & Creed, Inc., Miller, Legg & Associates, Inc., RADISE International, L.C., South Florida 75 Engineering and Consulting LLC, Tierra South Florida, Inc., and West Architecture + Design, LLC, 76 approve Agreements with each awarded Vendor, approve Task Order No. GES-1J-01-25 with Keith 77 and Associates, Inc., for an amount not to exceed $159,000 for the Mangrove Park Boardwalk 78 Removal Project, and approve Task Order No. GES-1E-01-25 with CPZ Architects, Inc., for an 79 amount not to exceed $135,000 for the Lawrence Road - Beautification Project. 80 81 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 82 BEACH, FLORIDA, THAT: 83 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 84 being true and correct and are hereby made a specific part of this Resolution upon adoption. 85 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby awards 86 Request for Qualification No. CW24-001 for General Engineering Consulting Services to Baxter & 87 Woodman, Inc., BEA Architects, Inc., Carollo Engineers, Inc., Caulfield &Wheeler, Inc., CDM Smith, 88 Inc., Chen Moore and Associates, Inc., Colliers Engineering & Design, Inc., CPZ Architects, Inc., 89 Craven Thompson & Associates, Inc., EXP U.S Services, Inc., GHD Services, Inc., Hazen and Sawyer 90 P.C., Jacobs Engineering Group, Inc., Johnson, Mirmiran & Thompson, Inc., Keith and Associates, 91 Inc., Kimley-Horn and Associates, Inc., McKim &Creed, Inc., Miller, Legg &Associates, Inc., RADISE 92 International, L.C., South Florida Engineering and Consulting LLC, Tierra South Florida, Inc., and 93 West Architecture + Design, LLC. 721 94 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 95 approve General Engineering Consulting Services Agreements between the City and the awarded 96 Vendors (the "Agreements"), in form and substance similar to that attached as "Exhibit A." 97 SECTION 4. The City Commission of the City of Boynton Beach, Florida, does hereby 98 approve Task Order No. GES-1J-01-25 between the City and Keith and Associates, Inc. for the 99 Mangrove Park Boardwalk Removal Project for an amount not to exceed $159,000 (the "Task 100 Order"), in form and substance to be approved by the City Attorney's office. 101 SECTION 5. The City Commission of the City of Boynton Beach, Florida, does hereby 102 approve Task Order No.GES-1 E-01-25 between the City and CPZ Architects, Inc., for the Lawrence 103 Road - Beautification Project for an amount not to exceed $135,000 (the "Task Order"), in form 104 and substance to be approved by the City Attorney's office. 105 SECTION 6. The City Commission of the City of Boynton Beach, Florida, hereby 106 authorizes the Mayor to execute the Agreements and the Task Orders. The Mayor is further 107 authorized to execute any ancillary documents required under the Agreement or necessary to 108 accomplish the purposes of the Agreement and this Resolution. 109 SECTION 7. The City Clerk shall retain the fully executed Agreements and Task Orders 110 as a public record of the City. A copy of the fully executed Agreements and Task Orders shall be 1 t t provided to Taralyn Pratt to forward to the Vendors. 112 SECTION 8. This Resolution shall take effect in accordance with law. 113 114 115 116 signatures on the following page] 117 722 118 PASSED AND ADOPTED this lq-14? day of Ofierm b.e r 2024. 119 CITY OF BOYNTON BEACH, FLORIDA 120 YES NO 121 Mayor— Ty Penserga 122 123 Vice Mayor—Aimee Kelley t/ 124 125 Commissioner—Angela Cruz 126 127 Commissioner— Woodrow L. Hay 128 t/ 129 Commissioner—Thomas Turkin 130 131 VOTE SO 132 AT ES : 133 134 A 1! __ N It/20 2d/ 135 Mayle: De A- sus, MPA, MMC Ty P- 136 City Cler May• 1 .I, 137 7, -( ON•BFq`t 138 O RAT •::.0 ,5,11110APPROVED AS TO FORM: 139 (Corporate Seal) ; .o t : t i Oc 091140i >-• $ 141 t-.._% C' C)( t Rst 7 142 Q % Shawna G. Lamb 143 i. FSP..- City Attorney 723 725 726 727 728 729 730 731 732 733 734 City of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-322- Approve the Utilities Department’s request to declare the two chillers and related components at the District Energy Service Plant as surplus property and authorize the use of the City's approved auction and surplus disposal methods to facilitate their sale. Requested Action: Staff recommends approval of Proposed Resolution No. R25-322. Explanation of Request: The Utilities Department operates and maintains the District Energy Service (DES) Plant, which provides chilled water for air conditioning. The chilled water is generated at a centralized district energy plant and delivered through an underground piping system. Chilled water systems are approximately 25 percent more energy-efficient than traditional air conditioning systems, due to the efficient use of electrical power and water conservation. The plant was commissioned in 2020 with two big chillers, and a smaller chiller was added later to start supplying chilled water for air conditioning to City Hall, the Cultural Center, and Fire Station No. 1, with plans to use the two big chillers for expansion of the distribution system and provide air conditioning to new developments occurring in the downtown area. Unfortunately, the new developments were not interested in using the DES-provided air conditioning, and the two large chillers stayed idle. As these chillers are oversized for the system’s current demand, the expansion of the area for DES chilled water demand has not materialized as anticipated. Utilities is requesting authorization to utilize the City’s approved surplus and auction services to dispose of the two large chillers and associated components. This action will free up valuable space within the facility, reduce operations and maintenance costs, as well as future equipment replacement capital costs, and allow the City to recover potential value from equipment that is currently sitting idle. How will this affect city programs or services? By approving this item, Utilities will be able to use the funds to cover the cost of purchasing and installing a redundant, smaller chiller, allowing uninterrupted service to the three facilities. Account Line Item and Description: Revenue to the City. Fiscal Impact: There is no fiscal impact at this time. The funds from surplus of the equipment 735 will be used to to help offset the cost of purchasing and installation of a redundant/backup chiller. Attachments: R25-322 Agenda_Item_3983-2025_Resolution_for_surplus_property.docx Surplus Forms.pdf 736 RESOLUTION NO. R25-322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE UTILITIES DEPARTMENT’S 2 REQUEST TO DECLARE THE TWO CHILLERS AND RELATED 3 COMPONENTS AT THE DISTRICT ENERGY SERVICE PLANT AS SURPLUS 4 PROPERTY AND AUTHORIZE THE USE OF THE CITY’S APPROVED 5 AUCTION AND SURPLUS DISPOSAL METHODS TO FACILITATE THEIR 6 SALE; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the Utilities Department operates and maintains the District Energy Service 9 (DES) Plant, which provides chilled water for air conditioning. The chilled water is generated at a 10 centralized district energy plant and delivered through an underground piping system. Chilled 11 water systems are approximately 25 percent more energy-efficient than traditional air 12 conditioning systems, due to the efficient use of electrical power and water conservation. The 13 plant was commissioned in 2020 with two big chillers, and a smaller chiller was added later to 14 start supplying chilled water for air conditioning to City Hall, the Cultural Center, and Fire Station 15 No. 1, with plans to use the two big chillers for expansion of the distribution system and provide 16 air conditioning to new developments occurring in the downtown area. Unfortunately, the new 17 developments were not interested in using the DES-provided air conditioning, and the two large 18 chillers stayed idle. As these chillers are oversized for the system’s current demand, expanding the 19 area for DES chilled water demand has not materialized as anticipated; and 20 WHEREAS, Utilities is requesting authorization to utilize the City’s approved surplus and 21 auction services to dispose of the two large chillers and associated components. This action will 22 free up valuable space within the facility, reduce operations and maintenance costs as well as 23 future equipment replacement capital costs, and allow the City to recover potential value from 24 equipment sitting idle; and 25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the City's citizens and residents to approve the Utilities Department’s request to 27 declare the two chillers and related components at the District Energy Service Plant as surplus 28 property and authorize the use of the City’s approved auction and surplus disposal methods to 29 facilitate their sale. 30 31 737 RESOLUTION NO. R25-322 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 32 BEACH, FLORIDA, THAT: 33 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve the Utilities Department’s request to declare the two chillers and related components at 37 the District Energy Service Plant as surplus property and authorize the use of the City’s approved 38 auction and surplus disposal methods to facilitate their sale. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the City Manager to execute any ancillary documents as may be necessary to 41 accomplish the purpose of this Resolution. 42 SECTION 4. This Resolution shall take effect in accordance with the law. 43 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 46 738 RESOLUTION NO. R25-322 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 72 739 740 741 742 743 City of Boynton Beach Agenda Item Request Form 7.G Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 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 December 2, 2025 - Amendment Request for Bid Extensions and/or Piggybacks. Requested Action: Staff Recommends Approval 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 requests 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 renewals 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 Cayco Landscaping Landscaping maintenance Services for Parks, Future Parks/Scrubs City of Boynton Beach Bid No. 031-2730-20/RW January 1, 2026 - December 31, 2026 Annual Estimated Expenditure $200,000 Cayco Landscaping Landscaping Maintenance Services for Facility Sites City of Boynton Beach Bid No. 032-2730-20/RW January 1, 2026 - December 31, 2026 Annual Estimated Expenditure $200,000 744 Batallan Enterprises, Inc. dba Property Works Landscaping Maintenance Services for Medians and Right-of- Ways/ROWs (MR) City of Boynton Beach No. 033- 2730-20/RW January 1, 2026 - December 31, 2026 Annual Estimated Expenditure $520,000 Information Consultants, Inc. Annual Laserfiche Maintenance and Support Services City of Boynton Beach Agreement 010-1510-21/RW January 5, 2026 - January 4, 2027 Annual Estimated Expenditure $128,000 Zalman Law, P.A. Code Compliance Special Magistrate Services for Community Standards City of Boynton Beach Contract # CS22-009 January 4, 2026 - January 3, 2027 Annual Estimated Expenditure $12,000 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 Account Line Item and Description: See Attached Bid and Piggyback Report - Exhibit A Fiscal Impact: Funds have been budgeted under line items as noted in the attached - Exhibit A. Attachments: Amendment Request for Bid Extensions December 2 2025 Report - Exhibit A.docx Cayco - ParksFutureParksScrubs - Amendment to Renew 2026-2026 - signed.pdf Cayco - Facility Sites - Amendment to Renew 2026-2026 (signed).pdf Property Works - Medians&Rows - Amend to Renew 2026-2026 - Signed.pdf Information Technology Inc - Laserfiche - Amendment to Renew 2026-2027 - Signeded.pdf 745 CITY OF BOYNTON BEACH AMENDMENT REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS DECEMBER 2, 2025 REQUESTING DEPARTMENT: Public Works DEPARTMENT CONTACT: Kevin Ramsey TERM: January 1, 2026, to December 31, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Bid 031-2730-20/RW Landscaping Maintenance Services for Parks, Future Parks/Scrubs ACCOUNT NUMBER: 001-2730-572.49-17 VENDOR(S): Cayco Landscaping ANNUAL ESTIMATE: $200,000 DESCRIPTION: On December 15, 2020, by Resolution R20-143, Commission approved the award and authorized the City Manager to sign the Contract with Blue Marlin Investments, Inc., dba Cayco Landscaping, based on Bid No. 031- 2730-20/RW for Landscape Maintenance Services for Parks, Future Parks/Scrub Perimeters. The Agreement was for an initial three (3) years, with an option to renew for two (2) one-year terms (exercised separately), subject to vendor acceptance and satisfactory performance. The vendor has agreed to renew the Agreement for the 2ND one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term January 1, 2026, through December 31, 2026. REQUESTING DEPARTMENT: Public Works DEPARTMENT CONTACT: Kevin Ramsey TERM: January 1, 2026, to December 31, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. 032-2730-20/RW Landscaping Maintenance Service for Facility Sites ACCOUNT NUMBER: 001-2730-572.49-17 VENDOR(S): Cayco Landscaping ANNUAL ESTIMATE: $200,000 DESCRIPTION: On December 15, 2020, by Resolution R20-144, Commission approved the award and authorized the City Manager to sign the Contract with Blue Marlin Investments, Inc., dba Cayco Landscaping, based on Bid No. 032- 2730-20/RW for Landscape Maintenance Services for Facility Sites. The Agreement was for an in itial three (3) years, with an option to renew for two (2) one-year terms (exercised separately) subject to vendor acceptance, and satisfactory performance. The vendor has agreed to renew the Agreement for the 2nd one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term January 1, 2026, through December 31, 2026. 746 REQUESTING DEPARTMENT: Public Works DEPARTMENT CONTACT: Kevin Ramsey TERM: January 1, 2026, to December 31, 2026 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. 033-2730-20/RW Landscaping Maintenance Service for Medians and Right-of-Ways/ROWs (MR) ACCOUNT NUMBER: 001-2512-541.49-17 VENDOR(S): Batallan Enterprises, Inc. dba Property Works ANNUAL ESTIMATE: $520,000 DESCRIPTION: On December 15, 2020, by Resolution R20-144, Commission approved the award and authorized the City Manager to sign the Contract with Batallan Enterprises, Inc., dba Property Works, based on Bid No. 033-2730- 20/RW for Landscape Maintenance Services for Medians and Right-of-Ways/ROWs (MR). The Agreement was for an initial three (3) years, with an option to renew for two (2) one-year terms (exercised separately), subject to vendor acceptance and satisfactory performance. The vendor has agreed to renew the Agreement for the 2nd one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term January 1, 2026, through December 31, 2026. REQUESTING DEPARTMENT: ITS DEPARTMENT CONTACT: Fred Harris TERM: January 5, 2026 to January 4, 2027 SOURCE FOR PURCHASE: City of Boynton Beach Service Agreement No. 010-1510-21/RW ACCOUNT NUMBER: Various City Departments 001-1510-513.46-91 001-2112-521.46-91 401-2821-536.46-91 001-5001-590.49-17 VENDOR(S): INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATE: $128,000 DESCRIPTION: On January 5, 2021, by Resolution No. R21-004, Commission approved the Vendor Service Agreement for the Solution Provider Services and Software Maintenance and Support of Laserfiche, the City’s Enterprise Content Management System with Information Consultants, Inc. of Miami, Florida. The Agreement allows for an initial (1) year period with four (4) one-year renewal periods. The vendor has agreed to renew the Agreement for the 4th one-year term with the same prices, terms, and conditions. Approve Renewal Amendment No. 1 for the term January 5, 2026, through January 4, 2027. 747 1 Amendment to Contract No. 031-2730-20/RW Landscaping Maint. Services – Parks Future Parks & Scrubs Page 1 of 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CAYCO LANDSCAPING FOR LANDSCAPING MAINTENANCE SERVICES FOR PARKS, FUTURE PARKS & SCRUBS This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Cayo Landscaping, a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On December 15, 2020, the Parties entered into Contract No. 031-2730-20/RW (the “Agreement”) for Landscaping Maintenance Services for Parks, Future Parks/Scrub. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, 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 Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the second one-year renewal option. The Agreement is therefore renewed to continue from January 1, 2026, through December 31, 2026. Award Amount Threshold Increase. The maximum amount to be paid by the City pursuant to this Agreement is hereby increased from $175,000.00 to $180,000.00, and the additional services are increased from $5,000.00 to $20,000.00 on an as-needed basis. 4. 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 included in the Agreement as amended in this 748 1 Amendment to Contract No. 031-2730-20/RW Landscaping Maint. Services – Parks Future Parks & Scrubs Page 2 of 4 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. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor 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. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) 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. (d) 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. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the 749 1 Amendment to Contract No. 031-2730-20/RW Landscaping Maint. Services – Parks Future Parks & Scrubs Page 3 of 4 government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor 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 payment purposes. 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. (f) 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. (g) 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. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. 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. (The remainder of this page is blank.) 750 1 Amendment to Contract No. 031-2730-20/RW Landscaping Maint. Services – Parks Future Parks & Scrubs Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR By Authorized Signer Alejandro Rotundo _______________________ Print Name and Title arotundo@cayco.us _______________________ Email Address (305) 606-1603 _______________________ Telephone No. 19 day of November, 2025 751 1 Amendment to Contract No. 032-2730-20/RW Landscaping Maintenance Services for Facility Sites Page 1 of 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CAYCO LANDSCAPING FOR LANDSCAPING MAINTENANCE SERVICES FOR FACILITY SITES This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Cayo Landscaping, a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On December 15, 2020, the Parties entered into Contract No. 032-2730-20/RW (the “Agreement”) for Landscaping Maintenance Services for Facility Sites. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, 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 Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the second one-year renewal option. The Agreement is therefore renewed to continue from January 1, 2026, through December 31, 2026. Award Amount Threshold Increase. The maximum amount to be paid by the City pursuant to this Agreement is hereby increased from $160,000 to $180,000.00, and the additional services are increased from $5,000.00 to $20,000.00 on an as-needed basis. 4. 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 included in the Agreement as amended in this 752 1 Amendment to Contract No. 032-2730-20/RW Landscaping Maintenance Services for Facility Sites Page 2 of 4 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. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor 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. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) 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. (d) 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. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the 753 1 Amendment to Contract No. 032-2730-20/RW Landscaping Maintenance Services for Facility Sites Page 3 of 4 government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor 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 payment purposes. 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. (f) 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. (g) 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. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. 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. (The remainder of this page is blank.) 754 1 Amendment to Contract No. 032-2730-20/RW Landscaping Maintenance Services for Facility Sites Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR By Authorized Signer Alejandro Rotundo _______________________ Print Name and Title arotundo@cayco.us _______________________ Email Address (305) 606-1603 _______________________ Telephone No. 19 day of November, 2025 755 756 757 758 1 Amendment to Contract No. 010-1510-21/RW Information Technology, Inc. - Laserfiche Page 1 of 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INFORMATION CONSULTANTS, INC. LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UMLIMITED AND PARTICIPANT USERS LICENSES This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Information Consultants, Inc., a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On January 5, 2021, the Parties entered into Contract No. 010-1510-21/RW (the “Agreement”) for Laserfiche Annual Maintenance and Support – Public Portal Unlimited and Participant Users Licenses. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, 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 Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the fourth one-year renewal option. The Agreement is therefore renewed to continue from January 5, 2026, through January 4, 2027. 4. 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 included 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. 759 1 Amendment to Contract No. 010-1510-21/RW Information Technology, Inc. - Laserfiche Page 2 of 4 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor 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. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement , will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) 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. (d) 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. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country 760 1 Amendment to Contract No. 010-1510-21/RW Information Technology, Inc. - Laserfiche Page 3 of 4 of concern. On or before the effective date of this Amendment, Vendor 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 payment purposes. 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. (f) 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. (g) 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. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. 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. (The remainder of this page is blank.) 761 1 Amendment to Contract No. 010-1510-21/RW Information Technology, Inc. - Laserfiche Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR INFORMATION TECHNOLOGY, INC. By_______________________ Authorized Signer _______________________ Print Name and Title _______________________ Email Address _______________________ Telephone No. _____ day of ______________, 202___ Pierre Smith, CEO psmith@icons-inc.com 5November20 954-989-3704 762 City of Boynton Beach Agenda Item Request Form 7.H Consent Bids and Purchases 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Resolution No. R25-324- Award Invitation to Bid No. PWE24-008 for the S.E. 1st Street Improvement Project to R&D Paving, LLC for a project amount of $4,855,166.07 plus a contingency of $485,516.61, totaling $5,340,682.68, of which $1,500,000 will be paid by federal grant funding passed-through FDOT. Requested Action: Staff recommends approval of Proposed Resolution No. R25-324. Explanation of Request: The area surrounding S.E. 1st Street contains deteriorated and aging public infrastructure, including storm drainage and other utilities in need of upgrades. City staff identified a project that will enhance pedestrian connectivity and safety, provide roadway and drainage improvements, and introduce traffic-calming features throughout the corridor. Additionally, the project includes the construction of a new sidewalk adjacent to the FEC Railroad, which will further improve accessibility and mobility for residents and visitors. To support these improvements, the City applied for a LAP Grant Agreement and reimbursement through FDOT to fund a portion of the project. On July 3, 2025, the Public Works Department coordinated with the Procurement Services Division to issue Invitation to Bid (ITB) No. PWE24-008 for the S.E. 1st Street Improvement Project. The City held a non-mandatory pre-bid meeting on July 16, 2025, and upon the solicitation’s closing on August 15, 2025, five (5) bid submissions were received. The Procurement Services Division, in collaboration with the Public Works Department and the Engineer of Record, Kimley-Horn, reviewed and evaluated all responses. Following this evaluation, R&D Paving, LLC was determined to be the lowest responsive and responsible bidder for the project. This project is funded through the Florida Department of Transportation (FDOT) Local Agency Program (LAP) for up to $1.5 million. Construction costs associated with the agreement with R&D Paving, LLC will be reimbursable in accordance with LAP funding guidelines. The City’s financial obligation is $3,410,036, for which sufficient appropriations have already been identified within the approved project budget. No additional impact to the General Fund is anticipated. The project is expected to be completed within 300 calendar days (approximately ten months) from the Notice to Proceed. The City has also been working closely with the Florida Department of Transportation (FDOT) to finalize the contract language to ensure full compliance with all applicable FDOT rules and regulations. Staff is recommending that the Mayor and Commission authorize the City to complete negotiations with FDOT and, once finalized, authorize the Mayor to execute an 763 agreement with R&D Paving, LLC for $4,855,166.07 plus a contingency of $485,516.61, totaling $5,340,682.68, of which $1.5M will be paid by federal grant funding pass-through FDOT. How will this affect city programs or services? The S.E. 1st Street Improvement Project will enhance pedestrian safety, mobility, and overall roadway functionality within the City. The installation of new sidewalks, drainage improvements, and pavement restoration will reduce localized flooding, improve walkability, and support safer multimodal transportation. These improvements will also reduce long-term maintenance needs for Public Works, resulting in more efficient use of City resources. No negative impacts to existing City programs or services are anticipated during or after construction, although temporary lane closures or detours may occur during the construction phase. Budgeted Item: Yes Account Line Item and Description: 302-4905-541.63-08 - Project # TR2001 - Transportation & Roadway - $3,410,036 - Includes FDOT Grant 403-5000-538.65.09 - Project # UC2103 - Central Seacrest - Phase 3 - $1,930,646.68 - Utilities CIP Fund Fiscal Impact: This is a budgeted item. Attachments: Agenda Item 4061-2025 Resolution for ITB PWE24-008 Award and Agmt.docx 24-008B - R&D Paving LLC-Complete.pdf EXHIBIT C - 24-008 SE 1st Street Improvements -Tabulation-Final.pdf EXHIBIT D - Contractor Notarized Federal Forms.pdf 446078-1 Executed LAP Agreement.pdf DRAFT AGREEMENT.docx 446078-1_Bid_Concurrence.pdf 764 RESOLUTION NO. R25- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. PWE24-008 2 FOR THE S.E. 1ST STREET IMPROVEMENT PROJECT TO R&D PAVING, 3 LLC, AND APPROVING AN AGREEMENT BETWEEN THE CITY AND R&D 4 PAVING, LLC IN THE AMOUNT OF 4,855,166.07 PLUS A CONTINGENCY 5 OF $485,516.61, TOTALING $5,340,682.68, OF WHICH $1.5M WILL BE 6 PAID THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION; 7 AND FOR ALL OTHER PURPOSES. 8 9 10 WHEREAS, the City and the Florida Department of Transportation (“FDOT”) entered into 11 a Local Agency Program Agreement dated April 17, 2024, providing FDOT’s financial assistance to 12 the City for projects outlined within the Agreement; and 13 WHEREAS, the City issued Invitation to Bid (“ITB”) No. PWE24-008 pursuant to state and 14 local law to solicit bids for S.E. 1st Street Improvements; and 15 WHEREAS, the R&D Paving LLC (“Contractor”) responded to the ITB by submitting its Bid 16 dated August 15, 2025; and 17 WHEREAS, the City has selected the Contractor to perform construction services related 18 to the S.E. 1st Street Improvements; and 19 WHEREAS, the City submitted all Bids to FDOT for their review and to obtain concurrence 20 with the City’s recommended Contractor; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to award ITB No. PWE24-008 for the S.E. 1st Street 23 Improvement Project to R&D Paving, LLC, and approve an Agreement between the City and R&D 24 Paving, LLC in the amount of 4,855,166.07 plus a contingency of $485,516.61, totaling 25 $5,340,682.68, of which $1.5M will be paid through FDOT, in form and substance to be approved 26 by the City Attorney’s office. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 765 RESOLUTION NO. R25- SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 award ITB No. PWE24-008 for the S.E. 1st Street Improvement Project to R&D Paving, LLC. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve an Agreement between the City and R&D Paving, LLC for ITB No. PWE24-008 for the S.E. 36 1st Street Improvement Project in the amount of 4,855,166.07 plus a contingency of $485,516.61, 37 totaling $5,340,682.68, of which $1.5M will be paid through FDOT, in form and substance to be 38 approved by the City Attorney’s office. 39 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 41 ancillary documents required under the Agreement or necessary to accomplish the purposes of 42 the Agreement, including any term extensions as provided in the Agreement, provided such 43 documents do not modify the financial terms or material terms. 44 SECTION 5. This Resolution shall take effect in accordance with the law. 45 [SIGNATURES ON THE FOLLOWING PAGE] 46 47 766 RESOLUTION NO. R25- PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor – Rebecca Shelton _____ _____ 51 52 Vice Mayor – Woodrow L. Hay _____ _____ 53 54 Commissioner – Angela Cruz _____ _____ 55 56 Commissioner – Thomas Turkin _____ _____ 57 58 Commissioner – Aimee Kelley _____ _____ 59 60 VOTE ______ 61 ATTEST: 62 63 _____________________________ ______________________________ 64 Maylee De Jesús, MPA, MMC Rebecca Shelton 65 City Clerk Mayor 66 67 APPROVED AS TO FORM: 68 (Corporate Seal) 69 70 _______________________________ 71 Shawna G. Lamb 72 City Attorney 73 767 PWE24-008 - S.E. 1ST STREET IMPROVEMENTS Opening Date: July 3, 2025 3:00 PM Closing Date: August 15, 2025 3:00 PM Vendor Details Company Name:R & D Paving, LLC Does your company conduct business under any other name? If yes, please state: FL Address: 5730 Corporate Way, Unit 214 WEST PALM BEACH, Florida 33407 Contact:Nancy Rosso Email:estimating@randdpaving.com Phone:561-588-6681 Fax:561-588-6681 HST#:454469049 Submission Details Created On:Monday August 11, 2025 11:23:52 Submitted On:Friday August 15, 2025 13:34:04 Submitted By:Nancy Rosso Email:estimating@randdpaving.com Transaction #:44ca0eb7-9267-4fa2-a46e-42f04625570c Submitter's IP Address:147.243.183.54 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC768 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. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form”. Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Description Quantity Unit Unit Price Total Indemnification 1 Lump Sum $25.0000 $ 25.00 Subtotal:$ 25.00 Bid Schedule Form Please Note: For each bid item, the Bidder agrees to furnish all labor, materials, tools, and equipment necessary to properly perform the work described herein and on the project drawings and specifications. A more detailed description of Pay Items is located throughout the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award the bid by low total per item, by low total per group of items, whichever appears to be in the best interest of the City. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. LINE NO.PAY ITEM NO.Description EST. QUANTITY UNIT UNIT PRICE *Total 1 101-1 Mobilization 1 LS $467,000.0000 $ 467,000.00 2 102-1 Maintenance of Traffic (MOT) plan.1 LS $365,000.0000 $ 365,000.00 3 104-10-3 Sediment Barrier 7583 LF $1.5000 $ 11,374.50 4 104-18 Inlet Protection System 5 EA $165.0000 $ 825.00 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC769 5 108-2 Monitor Existing Structures - Vibration Monitoring 1 LS $69,080.0000 $ 69,080.00 6 110-1-1 Clearing and Grubbing 4.05 AC $47,000.0000 $ 190,350.00 7 110-4-10 Removal of Existing Concrete 791 SY $33.0000 $ 26,103.00 8 110-7-1 Mailbox, F&I, Single 9 EA $392.0000 $ 3,528.00 9 120-1 Regular Excavation 3064 CY $33.7000 $ 103,256.80 10 120-6 Embankment 124 CY $99.0000 $ 12,276.00 11 160-4 Type B Stabilization 11831 SY $21.2000 $ 250,817.20 12 285-704 Optional Base Group 11760 SY $24.8500 $ 292,236.00 13 327-70-16 Milling Existing Asphalt Pavement, 1/2" Average Depth 2425 SY $4.0500 $ 9,821.25 14 334-1-53 Superpave Asphaltic Concrete (Traffic C) (PG76-22) 3080 TN $202.2500 $ 622,930.00 15 425-1-312 Inlets, Curb, Type, P-1, >10’1 EA $18,370.0000 $ 18,370.00 16 425-1-322 Inlets, Curb, Type, P-2, >10’2 EA $20,350.0000 $ 40,700.00 17 425-1-351 Inlets, Curb, Type, P-5, <10’2 EA $12,870.0000 $ 25,740.00 18 425-1-352 Inlets, Curb, Type, P-5, >10’7 EA $16,528.0000 $ 115,696.00 19 425-1-361 Inlets, Curb, Type, P-6, >10’2 EA $14,080.0000 $ 28,160.00 20 425-1-362 Inlets, Curb, Type, P-6, >10’4 EA $17,600.0000 $ 70,400.00 21 425-1-452 Inlets, Curb, Type, J-5, >10’1 EA $20,460.0000 $ 20,460.00 22 425-1-462 Inlets, Curb, Type, J-6, >10’1 EA $20,570.0000 $ 20,570.00 23 425-1-521 Inlets, DT Bot, Type C, <10’4 EA $9,020.0000 $ 36,080.00 24 425-1-524 Inlets, DT Bot, Type C, J-Bot, >10’1 EA $16,170.0000 $ 16,170.00 25 425-1-525 Inlets, DT Bot, Type C, Partial 7 EA $3,300.0000 $ 23,100.00 26 425-1-711 Inlets, Gutter, Type V, <10’9 EA $8,525.0000 $ 76,725.00 27 425-1-713 Inlets, Gutter, Type V, J Bot, <10’1 EA $15,400.0000 $ 15,400.00 28 425-2-41 Manholes, P-7, <10’6 EA $7,810.0000 $ 46,860.00 29 425-2-42 Manholes, P-7, <10’1 EA $11,220.0000 $ 11,220.00 30 425-2-43 Manholes, P-7, Partial 4 EA $5,170.0000 $ 20,680.00 31 425-5 Manhole, Adjust 1 EA $935.0000 $ 935.00 32 425-5-1 Manhole, Adjust, Utilities 18 EA $935.0000 $ 16,830.00 33 425-6 Valve Boxes, Adjust 13 EA $825.0000 $ 10,725.00 34 425-10 Yard Drain 1 EA $9,020.0000 $ 9,020.00 35 430-175-115 Pipe Culvert, Optional Material, Round, 15” S/CD 8 LF $413.0000 $ 3,304.00 36 430-175-118 Pipe Culvert, Optional Material, Round, 18” S/CD 351 LF $242.0000 $ 84,942.00 37 430-175-124 Pipe Culvert, Optional Material, Round, 24” S/CD 99 LF $462.0000 $ 45,738.00 38 443-70-4 French Drain, 24”1722 LF $275.0000 $ 473,550.00 39 520-1-7 Concrete Curb and Gutter, Type E 257 LF $67.7000 $ 17,398.90 40 520-1-10 Concrete Curb and Gutter, Type F 3945 LF $35.4000 $ 139,653.00 41 520-2-4 Concrete Curb, Type D 555 LF $24.6000 $ 13,653.00 42 520-2-10 Concrete Curb, Header Curb 1477 LF $36.4500 $ 53,836.65 43 520-3 Valley Gutter – Concrete 1742 LF $36.6500 $ 63,844.30 44 522-1 Concrete Sidewalk and Driveways, 4” Thick 3196 SY $52.6000 $ 168,109.60 45 522-2 Concrete Sidewalk and Driveways, 6” Thick 2372 SY $68.2000 $ 161,770.40 46 527-2 Detectable Warnings 984 SF $24.4500 $ 24,058.80 47 550-10-220 Fencing, Type B, 5.1-6.0’, Standard 117 LF $40.4500 $ 4,732.65 48 570-1-2 Performance Turf, Sod 2464 SY $14.9000 $ 36,713.60 49 1644-300 Fire Hydrant, Install 11 EA $33,275.0000 $ 366,025.00 50 1644-900 Fire Hydrant, Remove 10 EA $1,980.0000 $ 19,800.00 Subtotal:$ 4,725,568.65 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC770 Signing and Pavement Marking Please Note: For each bid item, the Bidder agrees to furnish all labor, materials, tools, and equipment necessary to properly perform the work described herein and on the project drawings and specifications. A more detailed description of Pay Items is located throughout the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award the bid by low total per item, by low total per group of items, whichever appears to be in the best interest of the City. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. LINE NO.PAY ITEM NO.Description EST. QUANTITY UNIT UNIT PRICE *Total 51 700-1-11 Single Post Sign, F&I Ground Mount, up to 12 SF 46 AS $743.0000 $ 34,178.00 52 700-1-12 Single Post Sign, F&I Ground Mount, 12-20 SF 3 AS $2,420.0000 $ 7,260.00 53 700-1-60 Single Post Sign, Remove 35 AS $121.0000 $ 4,235.00 54 706-1-3 Raised Pavement Marker, Type B without Final Surface Markings (Mono-Directional, Yellow) 42 EA $6.0500 $ 254.10 55 706-1-3 Raised Pavement Marker, Type B without Final Surface Markings (Yellow/Yellow) 137 EA $6.0500 $ 828.85 56 706-1-3 Raised Pavement Marker, Type B without Final Surface Markings (Blue/Blue) 22 EA $7.1500 $ 157.30 57 710-90 Painted Pavement Markings, Final Surface 1 LS $9,876.0000 $ 9,876.00 58 711-11123 Thermoplastic, Standard, White, 12” for Crosswalk and Roundabout 103 LF $3.6500 $ 375.95 59 711-11124 Thermoplastic, Standard, White, 18” for Diagonal and Chevron 102 LF $4.4000 $ 448.80 60 711-11125 Thermoplastic, Standard, White, Solid, 24” for Stop Line and Crosswalk 368 LF $5.5500 $ 2,042.40 61 711-11141 Thermoplastic, Standard, White, 2-4 Dotted Guideline / 6-10 Dotted Extension, 6” 0.01 GM $2,505.0000 $ 25.05 62 711-11160 Thermoplastic, Standard, White, Message or Symbol 4 EA $495.0000 $ 1,980.00 63 711-11170 Thermoplastic, Standard, White, Arrows 1 EA $61.0000 $ 61.00 64 711-11241 Thermoplastic, Standard, Yellow, 2-4 Dotted Guideline / 6-10 Dotted Extension Line, 6” 0.082 GM $2,505.0000 $ 205.41 65 711-16101 Thermoplastic, Standard-Other Surfaces, White, Solid, 6” 0.111 GM $6,389.0000 $ 709.18 66 711-16201 Thermoplastic, Standard-Other Surfaces, Yellow, Solid, 6” 0.929 GM $6,389.0000 $ 5,935.38 Subtotal:$ 68,572.42 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC771 ALLOWANCES Please Note: For each bid item, the Bidder agrees to furnish all labor, materials, tools, and equipment necessary to properly perform the work described herein and on the project drawings and specifications. A more detailed description of Pay Items is located throughout the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award the bid by low total per item, by low total per group of items, whichever appears to be in the best interest of the City. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. LINE NO.PAY ITEM NO.Description EST. QUANTITY ALLOWANCE UNIT PRICE Total 1 RD-1 Irrigation System Modifications 1 LUMP SUM $10,000.0000 $ 10,000.00 2 RD-2 Video Allowance 1 LUMP SUM $20,000.0000 $ 20,000.00 3 RD-3 Tree Allowance 1 LUMP SUM $15,000.0000 $ 15,000.00 4 RD-4 Miscellaneous Metals Allowance 1 LUMP SUM $1,000.0000 $ 1,000.00 5 RD-5 Water Main Modifications 1 LUMP SUM $15,000.0000 $ 15,000.00 Subtotal:$ 61,000.00 Summary Table Bid Form Amount Indemnification $ 25.00 Bid Schedule Form $ 4,725,568.65 Signing and Pavement Marking $ 68,572.42 ALLOWANCES $ 61,000.00 Subtotal Contract Amount:$ 4,855,166.07 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, FDOT Requirements, Federal Grant Requirements, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. LINE ITEM NO. 10 - Dropdown option only available for this line item. Line Item Description Response *Options 1 Company Name R & D Paving, LLC 2 Address 5730 Corporate Way, Unit 214, West Palm Beach, FL 33407 3 Telephone 561-588-6681 4 City West Palm Beach 5 State Florida 6 Zip Code 33407 7 Contractor's License Number CUC1226030 8 Federal Tax ID Number 454469049 9 Email address for above signer nancy@randdpaving.com 10 Indicate which type of organization from the list in the Options Column LLC Limited Liability Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC772 VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal 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 that are 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 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 BIDDER'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 13 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. N/A 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 6 Has your company ever declared bankruptcy? If Yes, explain.No 7 What is the last project of this nature that you have completed? List name of project, date completed, and project budget. Lyons Road/Sansburys Way Buffered Bike Lane, March 2025, $6,020,389.47 8 Have you ever failed to complete work awarded to you. If so, when, where, and why? No 9 Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain. If no, please state N/A. No Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC773 SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, 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 CONTRACTOR of the CITY’s determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate 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 E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. 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. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor 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. Contractor shall be responsible for compliance by any subcontractor 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 FIRM'S PRIMARY OWNERSHIP Line Item Description Response * 1 Does your firm employ more than 50 persons (including full-time and part-time employees) Yes 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your firm for the past three years greater than $9 million? Yes 4 Which of the following best describes the gender of your firm's primary owner (at least 51% ownership) Female 5 Which of the following best describes the ethnicity of your firm's primary owner (at least 51%) Caucasian 6 Please select the current certification your firm holds: (Note: Proof of Certification must be included in Document Upload Section) SBE 7 Indicate the agency or agencies that have granted the certification to your firm.Palm Beach County Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC774 PALM BEACH COUNTY INSPECTOR GENERAL The Bidder 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Item Description Response * 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Above and Will Abide by Everything in this Section. Yes REFERENCES Minimum Experience Requirement: The Bidder must have a minimum of three (5) years of verifiable experience and must have successfully completed at least three (5) municipal projects of similar size, nature, and scope. The City reserves the right to request documentation or references to confirm compliance with this requirement. 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. Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address * 1 Palm Beach County 2300 N Jog Rd, West Palm Beach, FL 33411 Zach King 561-684-4180 zking@pbcgov.org 2 Town of Jupiter 210 Military Trail, Jupiter, FL 33458 Scott Isberner 561-284-4983 scotti@jupiter.fl.us 3 Indian Trail Improvement District 13476 61st St N, West Palm Beach, FL 33412 Robert Robinson 561 793-0874 rrobinson@indiantrail.com 4 City of South Bay 335 SW 2nd Ave, South Bay, FL 33493 Leondrae Camel 561 996-6751 camell@southbaycity.com 5 City of Lighthouse Point 2200 NE 38th St, Lighthouse Point, FL 33064 Charles Schramm (954) 946-7386 cschramm@lighthousepoint.c om Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC775 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder / Proposer shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders / Proposers 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. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Work to be Performed *% Total Contract *Contractor License No. *Subcontractor Name / Address *Subcontractor Phone/Email * 1 Underground 32%CUC1225299 Johnson-Davis Inc / 604 Hillbrath Dr, Lantana, FL 33462 (561) 588-1170 2 Concrete 9%CUC1226055 J&D Concrete Works Corp / 685 NW 21 St, Pompano Beach, FL 33060 (561) 480-1516 3 Testing 1%SLCA32328 Pacifica Engineering Services, LLC / 601 N Congress Ave STE 303, Delray Beach, FL 33445 (561) 419-8460 4 N/A N/A N/A N/A N/A 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. Non Collusive Affidavit & Acknowledgement - Non-Coll.PDF - Wednesday August 13, 2025 09:31:39 Scrutinized Companies and E-Verify Affidavits - Scrutinized & E-Verify.PDF - Wednesday August 13, 2025 09:32:22 Bid Bond and Bid Bond Acknowledgement - Bid Bond.PDF - Wednesday August 13, 2025 09:27:36 Foreign Entity Ownership Affidavit & Anti Kick Back Affidavit - Foreign & Kickback.PDF - Wednesday August 13, 2025 09:26:36 Anti Human Trafficking Affidavit - Anti Human.PDF - Wednesday August 13, 2025 09:27:04 Proof of State Certified or County Competency Licenses - License & Competency.PDF - Wednesday August 13, 2025 09:04:41 Trench Safety Form - Trench Safety Act.PDF - Wednesday August 13, 2025 09:37:44 Certificate of Insurance & IRS Form W-9 - Insurance & W9.PDF - Wednesday August 13, 2025 11:54:51 Bid Form - Bid Form.PDF - Wednesday August 13, 2025 09:25:31 FDOT Certification Forms and Federal Grant Forms - FDOT DOCS.PDF - Friday August 15, 2025 08:48:03 Additional Document (optional) Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC776 Addenda, Terms and Conditions STANDARD TERMS AND CONDITIONS FOR FEDERALLY FUNDED SOLICITAITONS 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 which may be paid for or reimbursed with federal funds. The term “vendor” as used below may collectively apply to vendors, bidders, proposers, consultants, contractors, and subcontractor. Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. 1. FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Federal, State, County, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the vendor shall in no way be a cause for relief from responsibility. The vendor shall strictly comply with Federal, State, and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. The vendor certifies that all products (materials, equipment, processes, or other items) meet all ANSI, NFPA, and all other Federal and State requirements. The vendor further certifies that the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on the date of delivery, all costs necessary to bring the product into compliance shall be borne by the vendor. Any toxic substance provided to the City as a result of this solicitation and resulting agreement/contract shall be accompanied by its Safety Data Sheet (SDS). Unless otherwise provided by federal law, the Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the vendor and the City for any terms and conditions not specifically stated otherwise. 2. 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. 3. DISCRIMINATION PROHIBITED: The City is committed to assuring equal opportunity in the award of orders/contracts and complies with all laws prohibiting discrimination. The vendor warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of the contract. The vendor shall comply with all applicable Federal statutes relating to nondiscrimination as may be applicable. These include but are not limited to: A. Title VI of the Civil Rights Act of 1964 (P.C. 88-352) which prohibits discrimination on the basis of race, color, or national origin; B. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and §§1685-1686), which prohibits discrimination on the basis of sex; C. Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; D. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; E. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; F. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; G. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee3), as amended, relating to the confidentiality of alcohol and drug abuse patient records; H. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; I. Rehabilitation Act of 1973 any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; J. Executive Order 11063, which prohibits discrimination in the sale, easing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; K. Housing and Community Development Act of 1974, which provides no person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with federal funds; L. Fair Housing of 1968, which provides participating agencies must affirmatively further fair housing for classes protected under the Fair Housing Act. Participating housing counseling agencies are expected to help remedy discrimination in housing and promote fair housing rights Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC777 and fair housing choice; and, M. The requirements of any other nondiscrimination statute(s) which may apply to the application. The vendor shall comply with the Drug-Free Workforce Act of 1988. The vendor 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. This clause is not enforceable by or for the benefit of and creates no obligation to, any third party. The vendor shall include this language in its sub-contracts. 4. INDEPENDENT CONTRACTOR RELATIONSHIP: The vendor is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent contractor 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 vendor's sole direction, supervision, and control. The vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the vendor'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. NON-COLLUSION: The vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act that may result in an unfair advantage for one or more vendors over other vendors. A conviction for the commission of any fraud or act of collusion in connection with any sale, quote, quotation, proposal, or another act incident to doing business with the City may result in permanent debarment. No premiums, rebates, or gratuities are permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor list(s), and/ or debarment or suspension from doing business with the City. 6. LOBBYING: A. CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for 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-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. B. BYRD ANTI-LOBBYING AMENDMENT FOR PROCUREMENTS VALUED AT OR ABOVE $100,000 (Certification Required): Vendors who apply for an award of $100,000 or more shall 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 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 Vendor. Upon request, the Vendor agrees to provide the City with a completed certificate titled Byrd Anti-Lobbying Amendment and subsequent certification(s) for it and/or its suppliers, subcontractors, and sub-vendors after agreement/contract award. 7. CONFLICT OF INTEREST / GIFT POLICY: The vendor 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 vendors 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 vendor's firm or any of its branches. Additionally, 2 CFR 200.318 (c)(1) requires disclosure of a potential conflict of interest and standards of conduct for "organizational conflicts of interest", which may also apply to non-profit sub-recipients of federal funds; and, gift requirements. As such, the following provisions shall also govern in those instances where federal funds are utilized for purchasing goods or services: 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 vendor considered for a City contract. Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC778 In addition, the vendor 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 vendor. B. ORGANIZATIONAL CONFLICT OF INTEREST: The vendor shall not have activities or relationships (a) causing the vendor to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the vendor's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. C. GIFT POLICY: No vendor 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 vendor who is a party to, or receives a benefit from, this agreement/contract. 8. SUCCESSORS AND ASSIGNS: The City and the vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the vendor shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other. 9. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the vendor shall indemnify, save harmless and defend the City, its agents, servants, or employees from and against any and all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission of the vendor, its agents, servants or employees during the course of performing services or providing goods pursuant to this solicitation and/or the resultant contract. Further, the vendor shall hold the City harmless and indemnify 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/contract by the vendor. 10. PUBLIC RECORDS, ACCESS, AUDITS, AND RETENTION: The vendor 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 vendor, 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 vendor, 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 vendor 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 vendor shall maintain all records pertaining to the procurement of the goods or services paid with federal funds for a period of five (5) years from the date of submission of the final expenditure report for the entire federal allocation or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity. The City and the relevant federal agency shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the vendor's place of business. Exceptions include: A. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action is taken. B. When the City has received written notification to extend the records retention period from the federal awarding agency, agency for audit, oversight agency for audit, agency for indirect costs, or pass-through entity. C. Records for equipment acquired with federal funds must be retained for five (5) years after final disposition. D. When records are transferred to or maintained by the federal awarding agency or pass-through entity, the five (5) year retention requirement is not applicable to the City. E. The vendor must comply with all of the provisions of 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Vendor shall provide the City with an annual financial audit report that meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. §§ 7501-7507, and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements. Any party receiving such funds shall comply with said provisions and shall fully cooperate with any other party's compliance with said provisions. Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the vendor: (i) provides a service; and (ii) acts on behalf of the City as provided under Section 119.01 1 (2), F.S., the vendor shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The vendor is specifically required to: A. Keep and maintain public records required by the City to perform services provided under the agreement/contract. 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/contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC779 and D. Upon completion of the agreement/contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. Failure of the vendor 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 any and all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 11. INCORPORATION PRECEDENCE AND JURISDICTION: This solicitation shall be included and incorporated in the award or resulting agreement/contract resulting here from. Any and all legal action necessary to enforce the award or resulting agreement/contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resulting agreement/contract shall be in a court of competent jurisdiction located in Palm Beach County. The order of legal precedence is as follows: Laws passed by Congress, which are codified in provisions of the United States Code (U.S.C.) applicable to the funding source for this agreement/contract; Rules or regulations adopted by a federal agency, which are codified in the Code of Federal Regulations(CFR) and applicable to the funding source for this agreement/contract; the federal award or funding document for this agreement/contract; the Super Circular, inclusive of 2 CFR Sections 200.317 — 200.326 and, agreement/contract. 12. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract, or from any other matter generated by or relating to the agreement/contract. 13. NO THIRD-PARTY BENEFICIARIES: No provision of the agreement/contract is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity, not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or vendor. 14. NO GOVERNMENT OBLIGATION TO THIRD PARTIES. The vendor agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement/contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement/contract and shall not be subject to any obligations or liabilities to the Recipient, vendor or any other party (whether or not a party to that agreement/contract) pertaining to any matter resulting from the underlying Agreement/contract. The vendor agrees to include the above clause in each subcontract related in whole or in part with this agreement/contract. 15. SCRUTINIZED COMPANIES: A. SCRUTINIZED COMPANIES (WHEN AGREEMENT/CONTRACT VALUE IS LESS THAN $1 MILLION): As provided in F.S. 287.135, by entering into an agreement/contract or performing any work in furtherance of this agreement/contract, the Vendor certifies that it, its affiliates, suppliers, subcontractors, and vendors who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. If the City determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting agreement/contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the agreement/contract shall be imposed, pursuant to F.S. 287.135. B. SCRUTINIZED COMPANIES (WHEN AGREEMENT/CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into an agreement/contract or performing any work in furtherance of this agreement/contract, the Vendor certifies that it, its affiliates, suppliers, subcontractors and vendors who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria. If the Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, this agreement/contract may be terminated at the option of the City. If the City determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting agreement/contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the agreement/contract shall be imposed, pursuant to F.S. 287.135. 16. DISCRIMINATORY VENDOR LIST: Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC780 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. 17. PUBLIC ENTITY CRIMES: F.S. 287.133 requires the City to notify all vendors of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not obtain an agreement/contract for the construction or repair of a public building or public work, may not lease real property to a public entity, may not be awarded or perform work as a vendor, supplier, or vendor under an agreement/contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 18. FEDERAL SYSTEM FOR AWARD MANAGEMENT: A agreement/contract shall not be made to parties listed on the government-wide exclusions set forth in the System for Award Management ("SAM") (found at www.sam.gov), which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. 19. DEBARMENT AND SUSPENSION (Certification Required): A completed "Certification Regarding Debarment and Suspension" is required prior to award. Upon request, the vendor agrees to provide the City with subsequent certification(s) for it and/or its suppliers, subcontractors, and sub-vendors after the Agreement/contract award. A. This agreement/contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the vendor is required to verify that none of the vendor, its principals (defined at 2 C.F.R. § 80.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. The vendor 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. C. This certification is a material representation of fact relied upon by the City (subgrantee). If it is later determined that the vendor 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 the Federal Government serving as grantee and City as subgrantee, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. The vendor must comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this agreement/contract is valid. The vendor further agrees to include a provision requiring such compliance in its lower-tier covered transactions. 20. SCIENTIFIC RESEARCH AND DEVELOPMENT / COPYRIGHT / PATENT RIGHTS: Those orders/agreement/contracts providing federal funds in support of scientific research and development must comply with the requirements of 37 CFR 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreement/contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. The City and the applicable federal agencies shall be the exclusive owner of any patent rights arising as a result of any discovery or invention that arises or is developed in the course of or under this agreement/contract. The City and the applicable federal agencies shall hold the copyright to works produced or purchased under this agreement/contract. The Federal Government holds a royalty-free, non-exclusive and irrevocable license to produce, publish, or otherwise authorize others to use, for Federal Government purposes, copyrighted material that was developed under a Federal award or purchased under a Federal award. 21. HIRING OF MECHANICS OR LABORERS: (For orders/agreement/contracts greater than $100,000) Any agreement/contract including the employment of mechanics or laborers must provide for compliance with 40 USC 3702, as supplemented by Department of Labor regulations (29 CFR Part 5). Specifically, each vendor is required to compute the wages of every mechanic and laborer based on a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half (1 1/2) times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. 22. CLEAN AIR ACT, BUY AMERICA, AND THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED: (For orders/agreement/contracts greater than $150,000) A. The vendor 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.), Buy America (23 U.S.C. § 323 et seq.), and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.). B. Buy America -Source of Supply-Steel: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC781 manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit a certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to document the actual cost of such material, and obtain the Engineer’s written approval prior to incorporating the material into the project. C. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required by the federal awarding agency and the appropriate Environmental Protection Agency Regional Office. D. The vendor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance money. 23. MANDATORY STANDARDS AND POLICIES RELATING TO ENERGY EFFICIENCY: The vendor is required to comply with mandatory standards and policies related to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94—163, 89 Stat. 871) (42 U.S.C. § 6201). 24. PROGRAM FRAUD AND FALSE OR FRAUDULENT OR RELATED ACTS: (31 U.S.C. Chapter 38). The vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the vendor's actions pertaining to this agreement/contract. 25. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within the deadlines as follows: D. If the protest relates to an Invitation to Bid or Request for Proposal, the protest shall be received prior to the bid submittal deadline date. E. If the protest relates to any other matter relating to the bid, including, but not limited to, the Award of an Agreement/contract, the protest must be received no later than seven (7) regular business days after the date of notification of award by the Purchasing Staff. Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 26. FEDERAL CRIMINAL LAW / FALSE STATEMENTS ACT: The False Statement Act sets forth liability for, among other things, any person who knowingly submits a false claim to the Federal government or causes another to submit a false claim to the government or knowingly makes a false record or statement to get a false claim paid by the government. 31 U.S.C. § 3729. For example, a false claim could include false billing documentation submitted by the City received from a vendor or subcontractor under the agreement/contract. 27. CERTIFICATIONS LICENSES AND PERMITS: Unless otherwise directed by City, the vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for County and all permits required to complete the agreement/contractual service at no additional cost to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It is the responsibility of the vendor to ensure that all required certifications, licenses, and permits are maintained and are current throughout the term of the agreement/contract, inclusive of any renewals. Failure to meet this requirement shall be considered a default of the agreement/contract. 28. AGREEMENT/CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS (if applicable): A. In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. The City has made all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. The vendor, if prime subcontracts are to be let, shall take the Affirmative Steps listed below in paragraphs 1) through 5) of this Section to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. B. AFFIRMATIVE STEPS must include: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller 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. 29. PROCUREMENT OF RECOVERED MATERIALS (FOR GOODS VALUED ABOVE $10,000): Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC782 Vendor is to provide City with those goods designated by the Environmental Protection Agency "(EPA"), at 40 CFR Part 247 — 247.17, that contain the highest percentage of recovered materials practicable while maintaining a satisfactory level of competition for goods valued above $10,000 or where the value of the goods procured during the preceding fiscal year exceeded $10,000. The vendor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Categories of goods with the highest percentage of recovered materials include construction products; landscaping products; miscellaneous products; non-paper office products; paper and paper products; park and recreation products; transportation products; and, vehicular products. 30. AMERICANS WITH DISABILITIES (ADA): The Vendor shall meet all the requirements of the Americans With Disabilities Act (ADA), which shall include, but not be limited to, posting a notice informing service recipients and employees that they can file any complaints of ADA violations directly with the Equal Employment Opportunity Commission (EEOC), One Northeast First Street, Sixth Floor, Miami, Florida 33132. 31. EQUAL EMPLOYMENT OPPORTUNITY: The vendor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), for all construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees as may be applicable. All contractors and subcontractors performing work in connection with this solicitation shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by any authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law. 32. REGULATIONS: The Vendor 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. The Vendor is presumed to be familiar 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. 33. CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS: Reimbursement under this agreement/contract may be from funds distributed from the U.S. Treasury's Coronavirus Relief Fund. If CARES Act Funds are used then, fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding sub- recipient monitoring and management, and subpart F regarding audit requirements. Any party receiving such funds shall comply with said provisions, and shall fully cooperate with any other party's compliance with said provisions and any other applicable federal requirement(s) now in effect or imposed in the future. 34. E-VERIFY - EMPLOYMENT ELIGIBILITY: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Vendor, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor 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 Vendor to perform employment duties within Florida during the term of the agreement/contract; and B. All persons (including sub-vendors/sub-vendors/sub-agreement/contractors) assigned by the Vendor to perform work pursuant to the agreement/contract with the City of Boynton Beach. The Vendor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the agreement/contract is a condition of the agreement/contract with the City of Boynton Beach; and C. The Vendor 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. The vendor 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 Vendor shall maintain a copy of such affidavit for the duration of the agreement/contract. Failure to comply will lead to termination of this Agreement/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 Agreement/contract under this Section is not a breach of agreement/contract and may not be considered as such. If this agreement/contract is terminated for a violation of the statute by the Vendor, the Vendor may not be awarded a public agreement/contract for a period of one (1) year after the date of termination. 35. PRICING: A. Prices offered must be the price for new merchandise and free from defects. B. The goods and services are competitive bid and the price offered must be in accordance with the agreement/contract. Vendor warrants that prices shall remain firm for the initial and any subsequent term unless modified by the City and vendor. 36. NO SUBMITTAL: A ‘NO SUBMITTAL’ response can be submitted online through the e-Procurement bidding system. Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC783 37. BID DEADLINE: It is the Vendor’s responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by e-Procurement bidding System. 38. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible Vendor(s) which represents the most advantageous bid to the City. In determining the “most advantageous bid”, price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Vendor’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreement/contracts with the City or other government entities. 39. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Vendor has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all 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. 40. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 41. SUBCONTRACTING: If a Vendor subcontracts any portion of an agreement/contract for any reason, the Vendor must state the name and address of the subcontractor and the name of the person to be contacted on the attached “Schedule of Subcontractors”. The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the Vendor, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any Vendor if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Agreement/contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 42. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the agreement/contract documents. Since all addenda are available to Vendor through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Vendor to have received ALL addenda that are issued. Vendors should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Vendor submits their bid prior to the BID closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Vendor’s submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Vendor can view this status change in the “MY BIDS” section of the Bidding System. The Vendor is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 40. ADDITIONAL QUANTITIES: The City reserves the right to release or acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: “BID IS FOR SPECIFIED QUANTITY ONLY”. 41. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested, or destroyed, upon request, will be returned at the Vendor’s expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the Vendor’s name, manufacturer’s brand name and number, and item reference. 42. DEMONSTRATIONS: Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC784 Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the Vendor. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 43. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 44. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Agreement/contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the Vendor’s proposal on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS” and this sheet shall be attached to the bid. The use of the Vendor’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the agreement/contract documents. 45. ALTERNATES: Where a base bid is provided for, the Vendor shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The City reserves the right to accept or reject the alternates or base bid or any combination thereof. The City, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 46. NONCONFORMANCE TO AGREEMENT/CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at the vendor’s expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the Vendor being found in default in which event any and all procurement costs may be charged against the defaulted Vendor. Any violation of these stipulations may also result in the vendor’s name being removed from the City of Boynton Beach’s vendor mailing list. 47. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Vendor offers and agrees that if the bid is accepted, the Vendor will convey, sell, assign or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Vendor. 48. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful Vendor to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Agreement/contract at no expense to the City. 49. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, City shall be given "first priority" for all goods and/or services under the agreement/contract. The vendor agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The vendor shall furnish a 24- hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of agreement/contract and subject the vendor to sanctions from doing further business with the City. 50. BUSINESS INFORMATION: If a vendor is a Joint Venture for the goods/services described herein, the Vendor shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 51. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries are to be made during the normal working hours of the City. Time is of the essence and delivery dates must be met. Should the vendor fail to deliver on or before the stated dates, the City reserves the right to CANCEL the order or agreement/contract and make the purchase elsewhere. The vendor shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for the City of Boynton Beach has, by inspection or test of such items, determined that they appear to fully comply with specifications. The City may return, at the expense of the vendor and for full refund or credit at the discretion of the City, any item(s) received which fail to meet the City's specifications or performance standards. 52. FEDERAL AND STATE TAX: Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC785 The City of Boynton Beach is exempt from Federal and state taxes. 53. PRICES / TERMS / PAYMENT: Firm prices shall be quoted, typed, or printed in ink, and include all packing, handling, shipping charges, and delivery to the destination shown herein. The vendor is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery, the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the Vendor shall be withheld until a visual inspection is made by the Utilities or Facilities Departments and the merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the Vendor shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the Vendor unless such loss or damages have been proven to be the result of negligence by the City. 54. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor’s risk. 55. DISCOUNTS: This will be considered in determining the lowest net cost. 56. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (the current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 57. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the vendor, the City may procure goods and/or services similar to those terminated, and the vendor shall be liable for any excess costs incurred due to this action. If it is determined that the vendor 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 vendor), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". 58. TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give thirty (30) days prior written notice of termination to the vendor, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the vendor has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the vendor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date given, in the notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding orders and/or subcontracts related to the terminated work. 59. 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. 60. INSPECTOR GENERAL: The Vendor agree to comply with section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with section 20.055(5), Florida Statutes. “(5) It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section.” The Vendor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any agreement/contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the Vendor and its subcontractors and lower-tier subcontractors. The Vendor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Vendor or its subcontractors or lower-tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this agreement/contract justifying its termination. Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC786 61. FOB: The F.O.B. point shall be the destination. If the City agrees, freight charges may be prepaid by the vendor and listed on the invoice; however, the vendor retains title and assumes all responsibility, liability, and risk in transit, and shall be responsible for the filing of claims for loss or damages. 62. 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. 63. AGREEMENT/CONTRACT: Vendor agrees that by submitting a competitive bid, which 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 vendor. The vendor certifies that the bid has been made by an officer or employee having the authority to bind the vendor. 64. DELIVERIES: Deliveries are to be made Monday through Friday, excluding holidays, unless otherwise stipulated. 65. QUANTITIES: Quantities specified in the agreement/contract cannot be changed without City approval. Goods shipped in excess of the quantity designated may be returned at the vendor’s expense. 66. INSURANCE REQUIREMENTS: If a vendor is providing a service under this agreement/contract, then the vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured with a CG 2026 additional Insured- Designated Person or Organization Endorsement, or its equivalent, as follows: "The City of Boynton Beach". The vendor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days of request). Failure to maintain the required insurance shall be considered a default of agreement/contract. 67. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the Vendor to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the Vendor will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 68. SAFETY DATA SHEETS (SDS): Any toxic substance provided to the City as a result of this competitive solicitation or resultant agreement/contract shall be accompanied by its SDS. 69. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner or form. 70. DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Vendor's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item Number 1 above. D. In the statement specified in Item Number A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Vendor of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) 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 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC787 71. DAVIS-BACON ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $2,000): A. All transactions regarding the agreement/contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The vendor shall comply with 40 U.S.C. §§ 3141-3144, and §§ 3146-3148 and the requirements of 29 C.F.R. pt. 5, as may be applicable. B. Vendors are 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. C. Additionally, vendors are required to pay wages not less than once a week. 72. COPELAND “ANTI-KICKBACK” ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $2,000): A. The vendor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirement of 29 C.F.R pt.3 as may be applicable, which are incorporated by reference into this agreement/contract. B. The vendor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. The prime vendor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with all of these agreement/contract clauses. C. A breach of the agreement/contract clauses above may be grounds for termination of the agreement/contract, and for debarment as a vendor and subcontractor as provided in 29 C.F.R §5.12. 73. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $150,000: A. Overtime Requirements. No vendor or subcontractor contracting for any part of the agreement/contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, 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. B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (A) of this clause, the vendor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such vendor 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 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 (A) of this clause, 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 (A) of this clause. C. Withholding for Unpaid Wages and Liquidated Damages. The City of Boynton Beach 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 the contractor or subcontractor under any such agreement/contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. D. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower-tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. 74. SEISMIC SAFETY: If this solicitation pertains to the construction of new buildings or additions to existing buildings, the vendor agrees that any new building or addition to an existing building will be designed and constructed in accordance with standards outlined in U.S. Department of Transportation Seismic Safety regulations at 49 CFR Part 41 and will certify compliance to the extent required. The vendor also agrees to ensure that all work performed under the contract, including work performed by a subcontractor, and is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. The vendor agrees to include the above clause in each subcontract related in whole or in part with this contract. 75. BONDING (FOR CONSTRUCTION PROJECTS OVER $100,00): Except to the extent determined otherwise in writing, the vendor agrees to comply with the following bonding provisions, as may be applicable. For all Construction Activities: the vendor agrees to provide bid guarantee, contract performance, and payment bonds as required by Section 255.05, Florida Statutes and provided by Federal regulations, to the extent determined adequate in writing, and follow any other construction bonding provisions in Federal directives, except to the extent determines otherwise in writing. A. Bid Guarantee - A bid guarantee from each vendor equivalent to 5 percent of the bid price. The ‘bid guarantee’ shall 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 honor its bid upon acceptance of his bid. Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC788 B. Performance Bond - A performance bond on the part of the vendor for 100 percent of the contract price. A ‘performance bond’ is one executed in connection with a contract to secure the fulfillment of all the vendor’s obligations under such contract. C. Payment Bond - A ‘payment bond’ is one executed in connection with a contract to assure payment as required by law of all people supplying labor and material in the execution of the work provided for in the contract. 76. SEAL, LOGO, AND FLAGS: The vendor shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of agency officials without specific pre-approval. 77. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 78. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES: A. 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 applies, the vendor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) 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; (ii) 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; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) 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 critical technology as part of any system. B. Exceptions. This Section does not prohibit vendor 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. By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. C. Reporting requirement. In the event vendor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information required of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. The vendor shall report the following information: (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 required of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The vendor shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 79. DOMESTIC PREFERENCE FOR PROCUREMENTS: As appropriate, and to the extent consistent with law, the vendor 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 the 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. 80. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS: If applicable, the vendor 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, vendor 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 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC789 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, vendor will deliver to the vendor 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 vendor. 81. PERSONALLY IDENTIFIBALE INFORMATION: In accordance with 2 C.F.R. §200.303, regarding internal controls of a non-Federal entity, vendor must guarantee the protection of all Personally Identifiable Information (PII) obtained. The program will enact necessary measures to ensure PII of all applicants is safeguarded as to avoid release of private information. If a vendor or employee should experience any loss or potential loss of PII, the City shall be notified immediately of the breach or potential breach. 82. 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 vendor pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 83. INSPECTION AND ACCEPTANCE: (a) The City has the right to review, require correction, if necessary, and accept the work products produced by the vendor. Such review(s) shall be carried out within thirty (30) days so as to not impede the work of the vendor. 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) days from the date of receipt of such product from the vendor. (b) The vendor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the City within seven (7) days of notification or a later date if extended by the City. (c) Failure by the vendor to proceed with reasonable promptness to make necessary corrections shall be a default. If the vendor’s submission of corrected work remains unacceptable, 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. 84. DOCUMENTATION OF COSTS: All costs shall be supported by properly executed payrolls, time records, invoices, or 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. 85. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING – F.S. 287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City’s governing body may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests. 86. LOCAL PREFERENCE: While the City has a Local Preference Policy, this project is funded through the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement, which prohibits the use of local preference in the consideration for award, as provided in Florida Statute §255.0991. The City of Boynton Beach Purchasing Policy, Section XXII allows the City to waive the use of local preference in such circumstances. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Nancy Rosso, President, R & D Paving, LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No 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. Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC790 File Name I have reviewed the below addendum and attachments (if applicable) Pages PWE24-008B - SE 1st Street Improvements - Addendum No. 6 Wed August 13 2025 01:26 PM 6 PWE24-008B - SE 1st Street Improvements - Addendum No. 5 Mon August 11 2025 02:56 PM 2 PWE24-008B SE 1st Street Improvements - Addendum No. 4 Mon August 11 2025 12:13 PM 2 PWE 24-008B - SE 1st Street Improvements - Addendum No. 3 Tue July 29 2025 12:13 PM 3 PWE 24-008B - SE 1st Street Improvements - Addendum No. 2 Fri July 18 2025 05:40 PM 2 PWE 24-008B - S.E. 1ST STREET IMPROVEMENTS - Addendum No. 1 Mon July 7 2025 05:00 PM 2 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC791 Bid Number: PWE24-008 Vendor Name: R & D Paving, LLC792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 LIN E NO. PAY ITEM NO.Description EST. QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Indemnification 1 Lump Sum 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ 25.00$ LIN E NO. PAY ITEM NO.Description EST. QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL 1 101-1 Mobilization 1 LS 467,000.00$ 467,000.00$ 781,920.00$ 781,920.00$ 2 102-1 Maintenance of Traffic (MOT) plan.1 LS 365,000.00$ 365,000.00$ 256,320.00$ 256,320.00$ 3 104-10- 3 Sediment Barrier 7583 LF 1.50$ 11,374.50$ 1.42$ 10,767.86$ 4 104-18 Inlet Protection System 5 EA 165.00$ 825.00$ 288.00$ 1,440.00$ 5 108-2 Monitor Existing Structures - Vibration Monitoring 1 LS 69,080.00$ 69,080.00$ 600.00$ 600.00$ 6 110-1-1 Clearing and Grubbing 4.05 AC 47,000.00$ 190,350.00$ 55,259.26$ 223,800.00$ 7 110-4- 10 Removal of Existing Concrete 791 SY 33.00$ 26,103.00$ 27.00$ 21,357.00$ 8 110-7-1 Mailbox F&I Single 9 EA 392.00$ 3,528.00$ 493.00$ 4,437.00$ 9 120-1 Regular Excavation 3064 CY 33.70$ 103,256.80$ 20.35$ 62,352.40$ 10 120-6 Embankment 124 CY 99.00$ 12,276.00$ 10.00$ 1,240.00$ 11 160-4 Type B Stabilization ####SY 21.20$ 250,817.20$ 15.00$ 177,465.00$ 12 285-704 Optional Base Group ####SY 24.85$ 292,236.00$ 40.40$ 475,104.00$ 13 327-70- 16 Milling Existing Asphalt Pavement 1/2" Average Depth 2425 SY 4.05$ 9,821.25$ 5.00$ 12,125.00$ 14 334-1- 53 Superpave Asphaltic Concrete (Traffic C) (PG76-22)3080 TN 202.25$ 622,930.00$ 198.70$ 611,996.00$ 15 425-1- 312 Inlets Curb Type P-1 >10’1 EA 18,370.00$ 18,370.00$ 25,170.00$ 25,170.00$ 16 425-1- 322 Inlets Curb Type P-2 >10’2 EA 20,350.00$ 40,700.00$ 20,070.00$ 40,140.00$ 17 425-1- 351 Inlets Curb Type P-5 <10’2 EA 12,870.00$ 25,740.00$ 13,020.00$ 26,040.00$ R&D Paving, LLC EXHIBIT B Foster Marine SUBTOTAL BID SCHEDULE FORM PWE 24-008B S.E. 1st STREET IMPROVEMENTS 824 18 425-1- 352 Inlets Curb Type P-5 >10’7 EA 16,528.00$ 115,696.00$ 18,549.00$ 129,843.00$ 19 425-1- 361 Inlets Curb Type P-6 >10’2 EA 14,080.00$ 28,160.00$ 13,260.00$ 26,520.00$ 20 425-1- 362 Inlets Curb Type P-6 >10’4 EA 17,600.00$ 70,400.00$ 18,270.00$ 73,080.00$ 21 425-1- 452 Inlets Curb Type J-5 >10’1 EA 20,460.00$ 20,460.00$ 21,960.00$ 21,960.00$ 22 425-1- 462 Inlets Curb Type J-6 >10’1 EA 20,570.00$ 20,570.00$ 37,320.00$ 37,320.00$ 23 425-1- 521 Inlets DT Bot Type C <10’4 EA 9,020.00$ 36,080.00$ 8,055.00$ 32,220.00$ 24 425-1- 524 Inlets DT Bot Type C J-Bot >10’1 EA 16,170.00$ 16,170.00$ 16,590.00$ 16,590.00$ 25 425-1- 525 Inlets DT Bot Type C Partial 7 EA 3,300.00$ 23,100.00$ 4,680.00$ 32,760.00$ 26 425-1- 711 Inlets Gutter Type V <10’9 EA 8,525.00$ 76,725.00$ 11,886.00$ 106,974.00$ 27 425-1- 713 Inlets Gutter Type V J Bot <10’1 EA 15,400.00$ 15,400.00$ 19,230.00$ 19,230.00$ 28 425-2- 41 Manholes P-7 <10’6 EA 7,810.00$ 46,860.00$ 10,860.00$ 65,160.00$ 29 425-2- 42 Manholes P-7 <10’1 EA 11,220.00$ 11,220.00$ 14,790.00$ 14,790.00$ 30 425-2- 43 Manholes P-7 Partial 4 EA 5,170.00$ 20,680.00$ 6,660.00$ 26,640.00$ 31 425-5 Manhole Adjust 1 EA 935.00$ 935.00$ 2,500.00$ 2,500.00$ 32 425-5-1 Manhole Adjust Utilities 18 EA 935.00$ 16,830.00$ 1,080.00$ 19,440.00$ 33 425-6 Valve Boxes Adjust 13 EA 825.00$ 10,725.00$ 554.00$ 7,202.00$ 34 425-10 Yard Drain 1 EA 9,020.00$ 9,020.00$ 4,000.00$ 4,000.00$ 35 430-175- 115 Pipe Culvert Optional Material Round 15” S/CD 8 LF 413.00$ 3,304.00$ 611.00$ 4,888.00$ 36 430-175- 118 Pipe Culvert Optional Material Round 18” S/CD 351 LF 242.00$ 84,942.00$ 366.50$ 128,641.50$ 37 430-175- 124 Pipe Culvert Optional Material Round 24” S/CD 99 LF 462.00$ 45,738.00$ 518.00$ 51,282.00$ 38 443-70- 4 French Drain 24”1722 LF 275.00$ 473,550.00$ 331.00$ 569,982.00$ 39 520-1-7 Concrete Curb and Gutter Type E 257 LF 67.70$ 17,398.90$ 50.00$ 12,850.00$ 40 520-1- 10 Concrete Curb and Gutter Type F 3945 LF 35.40$ 139,653.00$ 41.60$ 164,112.00$ 41 520-2-4 Concrete Curb Type D 555 LF 24.60$ 13,653.00$ 101.00$ 56,055.00$ 42 520-2- 10 Concrete Curb Header Curb 1477 LF 36.45$ 53,836.65$ 49.50$ 73,111.50$ 825 43 520-3 Valley Gutter – Concrete 1742 LF 36.65$ 63,844.30$ 38.50$ 67,067.00$ 44 522-1 Concrete Sidewalk and Driveways 4” Thick 3196 SY 52.60$ 168,109.60$ 77.00$ 246,092.00$ 45 522-2 Concrete Sidewalk and Driveways 6” Thick 2372 SY 68.20$ 161,770.40$ 87.70$ 208,024.40$ 46 527-2 Detectable Warnings 984 SF 24.45$ 24,058.80$ 61.00$ 60,024.00$ 47 550-10- 220 Fencing Type B 5.1-6.0’ Standard 117 LF 40.45$ 4,732.65$ 62.00$ 7,254.00$ 48 570-1-2 Performance Turf Sod 2464 SY 14.90$ 36,713.60$ 12.20$ 30,060.80$ 49 1644- 300 Fire Hydrant Install 11 EA 33,275.00$ 366,025.00$ 24,000.00$ 264,000.00$ 50 1644- 900 Fire Hydrant Remove 10 EA 1,980.00$ 19,800.00$ 1,470.00$ 14,700.00$ 4,725,568.65$ 5,326,647.46$ LIN E NO. PAY ITEM NO.Description EST. QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL 51 700-1- 11 Single Post Sign F&I Ground Mount up to 12 SF 46 AS 743.00$ 34,178.00$ 990.00$ 45,540.00$ 52 700-1- 12 Single Post Sign F&I Ground Mount 12-20 SF 3 AS 2,420.00$ 7,260.00$ 3,200.00$ 9,600.00$ 53 700-1- 60 Single Post Sign Remove 35 AS 121.00$ 4,235.00$ 273.00$ 9,555.00$ 54 706-1-3 Raised Pavement Marker Type B without Final Surface Markings (Mono- Directional Yellow)42 EA 6.05$ 254.10$ 7.00$ 294.00$ 55 706-1-3 Raised Pavement Marker Type B without Final Surface Markings (Yellow/Yellow)137 EA 6.05$ 828.85$ 8.00$ 1,096.00$ 56 706-1-3 Raised Pavement Marker Type B without Final Surface Markings (Blue/Blue)22 EA 7.15$ 157.30$ 20.00$ 440.00$ 57 710-90 Painted Pavement Markings Final Surface 1 LS 9,876.00$ 9,876.00$ 9,600.00$ 9,600.00$ SUBTOTAL SIGNING AND PAVEMENT MARKING 826 58 711- 11123 Thermoplastic Standard White 12” for Crosswalk and Roundabout 103 LF 3.65$ 375.95$ 4.00$ 412.00$ 59 711- 11124 Thermoplastic Standard White 18” for Diagonal and Chevron 102 LF 4.40$ 448.80$ 8.00$ 816.00$ 60 711- 11125 Thermoplastic Standard White Solid 24” for Stop Line and Crosswalk 368 LF 5.55$ 2,042.40$ 11.50$ 4,232.00$ 61 711- 11141 Thermoplastic Standard White 2-4 Dotted Guideline / 6-10 Dotted Extension 6”0.01 GM 2,505.00$ 25.05$ 10,434.78$ 104.35$ 62 711- 11160 Thermoplastic Standard White Message or Symbol 4 EA 495.00$ 1,980.00$ 270.00$ 1,080.00$ 63 711- 11170 Thermoplastic Standard White Arrows 1 EA 61.00$ 61.00$ 180.00$ 180.00$ 64 711- 11241 Thermoplastic Standard Yellow 2-4 Dotted Guideline / 6-10 Dotted Extension Line 6”0.08 GM 2,505.00$ 205.41$ 10,243.90$ 840.00$ 65 711- 16101 Thermoplastic Standard-Other Surfaces White Solid 6”0.11 GM 6,389.00$ 709.18$ 9,729.73$ 1,080.00$ 66 711- 16201 Thermoplastic Standard-Other Surfaces Yellow Solid 6”0.93 GM 6,389.00$ 5,935.38$ 9,817.01$ 9,120.00$ 68,572.42$ 93,989.35$ LIN E NO. PAY ITEM NO.Description EST. QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL 1 RD-1 Irrigation System Modifications 1 Lump Sum 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 2 RD-2 Video Allowance 1 Lump Sum 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 3 RD-3 Tree Allowance 1 Lump Sum 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 4 RD-4 Miscellaneous Metals Allowance 1 Lump Sum 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 5 RD-5 Water Main Modifications 1 Lump Sum 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 61,000.00$ 61,000.00$ 4,855,166.07$ 5,481,661.81$ SUBTOTAL SUBTOTAL GRAND TOTAL ALLOWANCES 827 828 829 830 831 832 833 834 835 836 837 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 1 of 15 FPN: 446078-1-58-01 FPN: FPN: Federal No (FAIN): D422-045-B Federal No (FAIN): Federal No (FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: Fund: Fund: Org Code: 55043010404 Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: FLAIR Obj: FLAIR Obj: County No:93 Contract No: Recipient Vendor No: F596000282025 Recipient Unique Entity ID SAM No: FYYMUAVJDKC6 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida (“Department”), and City of Boynton Beach (“Recipient”). NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D” and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in City of Boynton Beach Various Locations, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before June 30th, 2026. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is $ 5,329,670.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit “B” may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,500,000.00 and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The Department’s participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D April 17th, 2024 3.29.24 G2U78 8381036 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 2 of 15 i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.l. and 5.m. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”. b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables must be received and accepted in writing by the Department’s Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If this box is selected, advance payment is authorized for this Agreement and Exhibit “H”, Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8391037 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 3 of 15 Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient’s contract award amount. j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. l. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. m. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8401038 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 4 of 15 "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration (“FHWA”), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost, time, DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8411039 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 5 of 15 adherence to contract requirements, construction quality and scope of Federal-aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit “I”, State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8421040 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 6 of 15 claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (“CFO”), or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Recipient must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “E” to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8431041 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 7 of 15 iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient’s audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient’s resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse (“FAC”) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient’s records including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 9. Termination or Suspension of Project: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8441042 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 8 of 15 The Department may, by written notice to the Recipient, suspend any or all of the Department’s obligations under this Agreement for the Recipient’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient’s complying in full with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act and the federal Brooks Act. c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit “G”, FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department’s first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8451043 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 9 of 15 proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Recipient and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient’s person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit “C”, Title VI Assurances in all contracts DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8461044 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 10 of 15 with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. c. 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 in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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. e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8471045 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 11 of 15 b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department’s or Recipient’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as “Entity” for the purposes of the below indemnification) who perform work in connection with this Agreement: “To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department’s or [RECIPIENT’]’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.” d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers’ Compensation Insurance as required by the State of Florida under the Workers’ Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient shall shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8481046 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 12 of 15 Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit “D”. This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance 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). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Recipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient’s facility, adequate title is in the Recipient’s name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8491047 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 13 of 15 making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. l. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. The Recipient shall: i. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. p. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits: a. Exhibits “A”, “B”, “C”, “D”, “E” and “F” are attached to and incorporated into this Agreement. b. If this Project includes Phase 58 (construction) activities, then Exhibit “G”, FHWA FORM 1273, is attached and incorporated into this Agreement. c. Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit “H”, Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. State funds are used on this Project. If state funds are used on this Project, then Exhibit “I”, State Funds Addendum, is attached and incorporated into this Agreement. Exhibit “J”, State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. e. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit “K”, Advance Project Reimbursement is attached and incorporated into this Agreement. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8501048 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 14 of 15 f. This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit “L”, Landscape Maintenance, is attached and incorporated into this Agreement. g. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit “M”, Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit “N”, Traffic Signal Maintenance is attached and incorporated into this Agreement. i. A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit “O”, Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. j. The following Exhibit(s) are attached and incorporated into this Agreement: k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements * Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions * Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance (Florida Single Audit Act) * Exhibit K: Advance Project Reimbursement * Exhibit L: Landscape Maintenance * Exhibit M: Roadway Lighting Maintenance * Exhibit N: Traffic Signal Maintenance * Exhibit O: Terms and Conditions of Construction in Department Right-of-Way * Additional Exhibit(s): * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8511049 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 04/17/2024 | 5:18 PM EDT 8521050 Page 1 of 2 Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0A PROGRAM MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 446078-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and City of Boynton Beach (the Recipient) PROJECT LOCATION: The project is on the National Highway System. The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: Project Length: 0.841 Mile Post: 93900239 - 0.000-0.750 93900240 - 0.197-0.288 PROJECT DESCRIPTION: Construction of a 8-10’ wide shared used path on the west side of SE 1st St from E Woolbright Rd to SE 2nd Ave. and a 5' wide sidewalk on the south side of SE 5th Ave between SE 1st St and railroad crossing right of way. This project also includes drainage along with signing and pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department’s review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A. b) Design to be completed by N/A. c) Right-of-Way requirements identified and provided to the Department by N/A. d) Right-of-Way to be certified by 11.30.23. e) Construction contract to be let by 3.5.24. f) Construction to be completed by 6.30.26. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Issuance of the Notice to Proceed (NTP) to the City of Boynton Beach is subject to the submittal and approval of the LAP Certification package and the Production Package which includes 100% Signed and Sealed plans, approved cost estimate, technical specifications, executed construction contracts checklist and right-of-way certification. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8531051 Page 2 of 2 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8541052 Alt Form 525-010-40B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0B PROGRAM MANAGEMENT 8/21 Page 1 of 1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: Milot Emile, P.E. Interim City Engineer 124 E. Woolbright Rd. Boynton Beach, Florida 33435 FINANCIAL PROJECT NUMBER: 446078-1-58-01 PHASE OF WORK By Fiscal Year MAXIMUM PARTICIPATION (1) TOTAL PROJECT FUNDS (2) LOCAL FUNDS (3) STATE FUNDS (4) FEDERAL FUNDS Design- Phase 38 FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right-of-Way- Phase 48 FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction- Phase 58 FY: 2024 (Transportation Alternative) FY: (Insert Program Name) FY: (Insert Program Name) $ 5,329,670.00 $ $ $ 3,829,670.00 $ $ $ $ $ $ 1,500,000.00 $ $ Total Construction Cost $ 5,329,670.00 $ 3,829,670.00 $ 0.00 $ 1,500,000.00 Construction Engineering and Inspection (CEI)- Phase 68 FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 (Insert Phase) FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $ 5,329,670.00 $ 3,829,670.00 $ 0.00 $ 1,500,000.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Mya Gray District Grant Manager Name Signature Date DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 04/19/2024 | 3:16 PM EDT 8551053 Alt Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0C PROGRAM MANAGEMENT 05/21 Page 1 of 2 EXHIBIT C TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8561054 525-011-0C PROGRAM MANAGEMENT 05/21 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities : Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8571055 Alt Form 525-010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0D PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient’s Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8581056 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8591057 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8601058 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8611059 Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0E PROGRAM MANAGEMENT 11/22 Page 1 of 1 EXHIBIT E FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https://beta.sam.gov/fal/1093726316c3409a8e50f4c75f5ef2c6/view?keywords=20.205&sort=- relevance&index=cfda&is_active=true&page=1 Award Amount: $1,500,000.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 – Highways, United States Code http://uscode.house.gov/browse/prelim@title23&edition=prelim Title 49 – Transportation, United States Code http://uscode.house.gov/browse/prelim@title49&edition=prelim Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf Federal Highway Administration – Florida Division http://www.fhwa.dot.gov/fldiv/ Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) https://www.fsrs.gov/ DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8621060 Alt Form 525-010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0F PROGRAM MANAGEMENT 05/21 Page 1 of 2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8631061 Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8641062 Alt Form 525-010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0G PROGRAM MANAGEMENT 10/23 Page 1 of 1 EXHIBIT G FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated October 23, 2023 is appended in its entirety to this Exhibit. FHWA-1273 may also be referenced on the Department’s website at the following URL address: http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA-1273. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8651063 1 FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8661064 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8671065 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8681066 4 (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8691067 5 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8701068 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8711069 7 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8721070 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor 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. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor 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 damages shall be computed with respect to each individual laborer or DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8731071 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* 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 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8741072 10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8751073 11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor 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). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8761074 12 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8771075 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8781076 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8791077 Bid No. PWE24-008 – S.E. 1st Street Improvements C-1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R&D PAVING LLC. FEDERAL CONSTRUCTION CONTRACT S.E. 1ST STREET IMPROVEMENTS THIS AGREEMENT is entered into by and 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 R & D PAVING, LLC., a limited liability company authorized to do business in the State of Florida, with a business address of 5730 Corporate Way, Unit 214, West Palm Beach, Florida 33407, hereinafter referred to as the “CONTRACTOR”. WHEREAS, the CITY received a Federal award for a Florida Department of Transportation LAP grant on March 24, 2024; and WHEREAS, the CITY issued Invitation to Bid No. PWE24-008 (THE “ITB”) pursuant to state and local law to solicit bids for S.E. 1st Street Improvements; and WHEREAS, the contractor responded to the ITB by submitting its Bid dated August 15, 2025; and WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the S.E. 1st Street Improvements; and, WHEREAS, the CITY submitted all Bids to the Florida Department of Transportation for their review and to obtain concurrence with the City’s recommended contractor; and WHEREAS, upon receiving concurrence with the City, at its meeting of XXXX, 2025, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: PWE24 - 008. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY’s solicitation (herein referred to as “WORK”) entitled ITB No.: PWE24-008 S.E. 1st Street Improvements. The project is being funded by a Florida Department of Transportation (FDOT) Local Agency Project (LAP) Agreement #446078-1-58-01. It is imperative that Contractor examine and become familiar with the Local Agency Program established by the Florida Department of Transportation (FDOT). Funding for the project has been made possible through this grant and is contingent on strict conformance to the guidelines set forth by FDOT and the Federal Highway Administration. Contractor shall comply with the Local Agency/Federal Aid Contract Requirements shown on Exhibit C. 880 Bid No. PWE24-008 – S.E. 1st Street Improvements C-2 The Contractor and all subcontractors shall comply with the provisions contained in FHWA-1273 (Required Contract Provisions Federal Aid Construction Contracts) contained within Exhibit C. The Contractor and all subcontractors shall comply with the Prevailing Minimum Wage obtained at www.SAM.gov and contained within Exhibit C. Article 2. CONSULTANT. CITY of Boynton Beach (“CONSULTANT”) has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; TERMINATION; LIQUIDATED DAMAGES. 1. Contract Time. The WORK will be substantially completed within (270) [Two Hundred Seventy] calendar days from the effective date of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 2. Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing (30) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed till the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR 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 CONT RACTOR of written notice of such neglect or failure. 4. Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand Seven Hundred Dollars ($1,700.00) for each day of malfunction. Article 4. CONTRACT PRICE. 881 Bid No. PWE24-008 – S.E. 1st Street Improvements C-3 CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Four Million, Eight Hundred Fifty Five Thousand, One Hundred Sixty Six Dollars and Seven Cents $4,855,166.07 (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 1. Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 2. Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 3. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. 4. Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims 882 Bid No. PWE24-008 – S.E. 1st Street Improvements C-4 by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 6. Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 7. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 1. Invitation to Bid 2. Instructions to Bidders 3. Bid Forms (including the Bid, Schedule(s), Information Required of Offeror, and all required certificates, affidavits, and other documentation) 4. Contract 5. CONTRACTOR’s Performance and Payment Bond 6. General Conditions 7. Special / Supplemental Conditions 8. FDOT Requirements for LAP Class D 9. FDOT State- Funded Grant Agreement RPN: 446078-1-58-01 10. Technical Specifications 11. City Construction Standards and Details 12. Drawings entitled: Appendix A 883 Bid No. PWE24-008 – S.E. 1st Street Improvements C-5 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 With copy to: Shawna G. Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 And if sent to the CONTRACTOR shall be mailed to: R&D Paving, LLC. Nancy Rosso 5730 Corporate Way, Unit 214 West Palm Beach, Fl: 33407 Article 9. INDEMNITY. 1. The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR 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. 2. CONTRACTOR’s aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. 3. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 4. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 5. Nothing contained herein 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. 884 Bid No. PWE24-008 – S.E. 1st Street Improvements C-6 Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA’S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida’s Public Records Law. Specifically, the CONTRACTOR shall: 1. Keep and maintain public records required by the CITY to perform the service; 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 Statue or as otherwise provided by law; 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 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, 4. 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. 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 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CITYCLERK@BBFL.US 885 Bid No. PWE24-008 – S.E. 1st Street Improvements C-7 Article 12. E-V ERIFY. CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 1. Definitions for this Section: A. “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. B. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E- Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the 886 Bid No. PWE24-008 – S.E. 1st Street Improvements C-8 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 13. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 14. MISCELLANEOUS. 1. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3. City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 4. 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. 5. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 887 Bid No. PWE24-008 – S.E. 1st Street Improvements C-9 6. At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 7. It shall be the CONTRACTOR’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 8. This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR’s bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 11. This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 15. DEFAULT OF CONTRACT & REMEDIES. 1. Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 2. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: a) The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. b) The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY’s designee. c) The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter 888 Bid No. PWE24-008 – S.E. 1st Street Improvements C-10 diligently prosecutes such cure to completion. d) The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. e) The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR 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 CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 3. Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. a) Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. b) CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. c) In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. d) Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by 889 Bid No. PWE24-008 – S.E. 1st Street Improvements C-11 CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. Article 16. FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to CONTRACTOR in this section shall also apply to any subcontractor under the terms of this Agreement. 1. Equal Employment Opportunity. During the performance of this contract, CONTRACTOR agrees as follows: a) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR 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 nondiscrim ination clause. b) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c) CONTRACTOR 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 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 employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONTRACTOR's legal duty to furnish information. d) CONTRACTOR 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 CONTRACTOR'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. 890 Bid No. PWE24-008 – S.E. 1st Street Improvements C-12 e) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f) CONTRACTOR 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. g) In the event of CONTRACTOR'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 CONTRACTOR 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. h) CONTRACTOR will include the provisions of paragraphs (16.1.1) through (16.1.8) 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 subcontractor or vendor. CONTRACTOR 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 CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive 891 Bid No. PWE24-008 – S.E. 1st Street Improvements C-13 Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY; and refer the case to the Department of Justice for appropriate legal proceedings. 2. Davis-Bacon Act. CONTRACTOR 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, CONTRACTOR 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, CONTRACTOR must be required to pay wages not less than once a week. 3. Copeland “Anti-Kickback” Act. CONTRACTOR 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”). CONTRACTOR 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. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) 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. a. Overtime requirements. No contractor or subcontractor 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. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (16.4.1) of this section the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor 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 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 (16.4.1) of this section, in the sum of 892 Bid No. PWE24-008 – S.E. 1st Street Improvements C-14 $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 (16.4.1) of this section. c. 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 contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (16.4.2) of this section. d. Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (16.4.1) through (16.4.4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (16.4.1) through (16.4.4) of this section. 5. CONTRACTOR 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). a. 16.5.1 Clean Air Act. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. b. Federal Water Pollution Control Act. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 6. Suspension and Debarment. 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 contractor’s agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 893 Bid No. PWE24-008 – S.E. 1st Street Improvements C-15 a. 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 relied 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. b. 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. 7. Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). 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. 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). 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. 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 FEMA Administrator, U.S. DOT 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 FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 11. Rights to Inventions. 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 894 Bid No. PWE24-008 – S.E. 1st Street Improvements C-16 said materials or inventions for Federal Government purposes. 12. No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 13. Department of Homeland Security (DHS) Seal, Logo, and Flags. CONTRACTOR shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre-approval. 14. 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. 15. Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to CONSULTANT’s actions pertaining to this Agreement. 16. 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 FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. a. Prohibitions. 1) 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. 2) Unless an exception in paragraph 16.16.2 of this clause applies, the CONTRACTOR and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a) 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; b) 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; c) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as 895 Bid No. PWE24-008 – S.E. 1st Street Improvements C-17 critical technology as part of any system; or d) 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 critical technology as part of any system. b. Exceptions. 1) This clause does not prohibit CONTRACTOR 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. 2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. c. Reporting requirement. 1) In the event CONTRACTOR identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 16.16.3.2 of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The CONTRACTOR shall report the following information pursuant to paragraph 16.16.3.1 of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information in paragraph 24.16.3.1 of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of 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 CONTRACTOR shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 896 Bid No. PWE24-008 – S.E. 1st Street Improvements C-18 17. Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONTRACTOR 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 the 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. 18. Affirmative Socioeconomic Steps. If subcontracts are to be let, CONTRACTOR 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, women’s business enterprises, and labor surplus area firms are used when possible. 19. License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the CONTRACTOR 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, CONTRACTOR 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, CONTRACTOR will deliver to the CONTRACTOR 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 CONTRACTOR. “This Agreement will take effect once signed by both parties. This Agreement may be 897 Bid No. PWE24-008 – S.E. 1st Street Improvements C-19 signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes.” IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 2025. CITY OF BOYNTON BEACH CONTRACTOR Rebecca Shelton, Mayor (Signature), Company Print Name of Authorized Official Title Approved as to Form: _________________________________ Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Witness Print Name Attested/Authenticated: ––––––––––––––––––––––––––––––––– MayLee DeJesus, City Clerk 898 Bid No. PWE24-008 – S.E. 1st Street Improvements C-20 EXHIBIT A PROJECT SCHEDULE 899 Bid No. PWE24-008 – S.E. 1st Street Improvements C-21 PROJECT SCHEDULE: Project substantial completion shall be within One Hundred Eighty (180) calendar days from Contractor’s Notice to Proceed. Final Completion shall be Thirty (30) calendar days from date of substantial completion totaling Two Hundred Ten calendar days. 900 Bid No. PWE24-008 – S.E. 1st Street Improvements C-22 EXHIBIT B CONTRACT PRICE BID FORM 901 Bid No. PWE24-008 – S.E. 1st Street Improvements C-23 EXHIBIT C EXECUTED FDOT LOCAL AGENCY PROGRAM AGREEMENT 902 Bid No. PWE24-008 – S.E. 1st Street Improvements C-24 EXHIBIT D FDOT STATE-FUNDED GRANT AGREEMENT 903 Bid No. PWE24-008 – S.E. 1st Street Improvements C-25 EXHIBITS E TO J FEDERAL GRANT PROVISIONS 904 Florida Department of Transportation RON DESANTIS GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 JARED W. PERDUE, P.E. SECRETARY www.fdot.gov | www.d4fdot.com SENT VIA EMAIL TO: AbdurakhmanovM@bbfl.us Moisey Abdurakhmanov Public Works, Engineering City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 RE: Bid Concurrence for Contract G2U78, FM 446078-1-58-01, City of Boynton Beach Various Locations Dear Mr. Abdurakhmanov: The Department is in receipt of the Agency’s recommendation to award the above-referenced project. The bid tabulation documents are awarded to the lowest responsive, responsible bidder. The Agency was responsible for the pre-qualification criteria used for the prospective bidders, with the understanding that the evaluation was based on the contractor’s ability to perform the work, experience, personnel, equipment, financial resources, and performance record. Based on the information provided, FDOT concurs with the Agency’s selection of R&D Paving, LLC., with a total base bid amount of $4,855,166.07. The low bidder is not suspended or debarred as confirmed with the System of Award Management (https://sam.gov). The following items are considered non-eligible for payment: Item# Description Quantity/ Unit Total Amount Indemnification 1 LS $ 25.00 110-4-10 Removal of Existing Concrete 791 SY $ 26,103.00 160-4* Type B Stabilization 139 SY $ 2,946.80 285-704* Optional Base Group 139 SY $ 3,454.15 334-1-53* Superpave Asphaltic Concrete (Traffic C) (PG76-22) 2.3 TN $ 465.18 425-5-1 Manhole Adjust Utilities 18 EA $ 16,830.00 425-6 Valve Boxes Adjust 13 EA $ 10,725.00 550-10-220 Fencing Type B 5.1 – 6.0’ Standard 117 LF $ 4,732.65 1644-300 Fire Hydrant Install 11 EA $ 366,025.00 1644-900 Fire Hydrant Remove 10 EA $ 19,800.00 RD-1 Irrigation System Modifications 1 LS $ 10,000.00 RD-1 Video Allowance 1 LS $ 20,000.00 RD-3 Tree Allowance 1 LS $ 15,000.00 RD-4 Miscellaneous Metals Allowance 1 LS $ 1,000.00 RD-5 Water Main Modifications 1 LS $ 15,000.00 *A portion of this item is participating Total $ 512,106.78 Docusign Envelope ID: F75D39A7-C8CC-458E-ADD4-5C8E82655FE3 09/12/2025 | 2:50 PM EDT 9051034 Mr. Abdurakhmanov, Public Works, Engineering Page 2 www.fdot.gov | www.d4fdot.com Only eligible items can be reimbursed up to the amount programmed of $1,500,000.00 for construction. Be advised, negotiations with the contractor are not permitted during the award or execution period of the contracting process. Any changes to the contract bid items or quantities must be requested in writing and approved by the Department. Please provide the Department a copy of the contract between the Agency and the contractor for final review prior to execution. The Agency must create the construction contract screens and upload the executed construction contract in GAP prior to scheduling a pre-construction meeting. All Change Orders must be approved by the Department prior to execution. Please feel free to contact me should you have any questions. I can be reached at 954-777-4585 or via email to Helen.James@dot.state.fl.us. Sincerely, Helen James, P.E. Program Administrator Engineer Program Management Office - District Four HJ:ra cc: Mirna Crompton – City of Boynton Beach Mya Gray – FDOT Local Programs Office Ramon E. Alvarez, E.I. – FDOT Local Programs Office Rob Cables – FDOT Operations Center Ronald D. Arcalas, P.E. – FDOT Materials Lab Deborah Ihsan, P.E. – FDOT Construction Leonard Smith – FDOT Construction Hyacinth Williams – FDOT Construction (CEI) Sharon Singh Hagyan – FDOT Construction (Compliance) D4 Work Program – FDOT File Docusign Envelope ID: F75D39A7-C8CC-458E-ADD4-5C8E82655FE3 9061035 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. 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Major Site Plan Modification (MSPM-2024.11.73304) for a new 32,000-square- foot warehouse facility for Feeding South Florida. Requested Action: Approve request for a Major Site Plan Modification (MSPM- 2024.11.73304) to construct a new 32,000-square-foot warehouse facility and associated site improvements on the southern parcel of the Feeding South Florida campus within Quantum Park. The new building will function as an operational expansion of the existing 25,775- square-foot warehouse on the northern parcel. Both parcels are to be joined through a recorded Unity of Title. Explanation of Request: Feeding South Florida operates a regional food distribution warehouse at 4925 Park Ridge Boulevard. The applicant is proposing a second 32,000-square-foot warehouse on the adjacent southern parcel to complete the campus build-out. The two buildings will function as a unified operation with coordinated access, circulation, loading, and parking. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Development_Order_-_MSPM-2024.11.73304.doc Staff_Report_-_Major_Site_Plan_Modification.docx Exhibit A - Location Map, 4925 Park Ridge Blvd..pdf Exhibit B - Justification Statement.pdf Exhibit C - Plans.pdf Exhibit D - Conditions of Approval.docx 907 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 4925 Park Ridge Blvd. (MSPM 2024.11.73304) APPLICANT: Francisco Velez, Feeding South Florida Inc. APPLICANT’S ADDRESS: 4925 Park Ridge Blvd., Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2025 APPROVAL SOUGHT: Approve the request for a Major Site Plan Modification (MSPM- 2024.11.73304) approval to construct a new 32,000-square-foot warehouse facility and associated site improvements on the southern parcel of the Feeding South Florida campus within Quantum Park. The new building will function as an operational expansion of the existing 25,775-square-foot warehouse on the northern parcel. Both parcels are to be joined through a recorded Unity of Title. LOCATION OF PROPERTY: 4925 Park Ridge Blvd. 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 S:\Planning\SHARED\WP\PROJECTS\Feeding South Florida - 4925 Park Ridge Blvd\MSPM 2024.11.73304\CC\Development Order - MSPM-2024.11.73304.doc 908 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, Division Director, Planning and Zoning FROM: John Stout, Planner II DATE: November 15, 2024 (December 2, 2025, City Commission Meeting) PROJECT NAME: Feeding South Florida – Quantum Corporate Park Planned Industrial Development (PID) REQUEST: The applicant is requesting a Major Site Plan Modification (MSPM- 2024.11.73304) approval to construct a new 32,000-square-foot warehouse facility and associated site improvements on the southern parcel of the Feeding South Florida campus within Quantum Park. The new building will function as an operational expansion of the existing 25,775- square-foot warehouse on the northern parcel. Both parcels are to be joined through a recorded Unity of Title. PROJECT DESCRIPTION Property Owner: Feeding South Florida Inc. Applicant: Francisco Velez, Feeding South Florida Inc. Agent: Chang Du, Duland Design LLC Location: 4925 Park Ridge Boulevard, Boynton Beach, Florida 33426 Existing Land Use: Industrial (Quantum Park Master Plan) Proposed Land Use: Industrial Existing Zoning: PID – Planned Industrial Development Proposed Zoning: PID – Planned Industrial Development Acreage: 3.65 acres 909 Feeding South Florida (MSPM-2024.11.73304) Staff Report Page 2 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1C186EF7\@BCL@1C186EF7.docx PROPERTY OWNER NOTIFICATION A notice of the request was mailed to owners of properties within 400 feet of the subject properties, 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 Proposal: Feeding South Florida operates a regional food distribution warehouse at 4925 Park Ridge Boulevard. The applicant is proposing a second 32,000- square-foot warehouse on the adjacent southern parcel to complete the campus build-out. The two buildings function as a unified operation with coordinated access, circulation, loading, and parking. ANALYSIS Traffic: The applicant has submitted a Traffic Performance Standard analysis demonstrating that the warehouse expansion will generate minimal net- new external traffic due to its integrated operations with the existing facility. The project meets Palm Beach County concurrency thresholds and does not require off-site roadway improvements. For the campus, there is one existing access on Park Ridge Boulevard and two access points on Bet a Drive, a modified existing driveway, and a new driveway that provides compliant 24-foot two-way access with required spacing and visibility. Internal circulation allows trucks and employees to move efficiently between both buildings without re-entering Park Ridge Boulevard or Beta Drive. Staff finds the project meets all applicable transportation requirements and has no adverse impacts on the surrounding roadway network. Utilities: All applicable utility providers have confirmed service availability, and the City’s Utilities Division determined that the proposed water and sewer extensions comply with the system's requirements. The site will connect to existing city mains within Park Ridge Boulevard. An executed Easement consent and Removal Agreement authorizes utility placement within the Adjacent Uses: North: Existing Feeding South Florida warehouse (PID) South: Drainage canal and easement (PID) East: Neuro Behavioral Hospital within Quantum Park (PID) West: Industrial development within Quantum Park (Industrial; PID) 910 Feeding South Florida (MSPM-2024.11.73304) Staff Report Page 3 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1C186EF7\@BCL@1C186EF7.docx easement and affirms the owner’s responsibility for f uture access or relocation. All utility requirements are met, with final technical review to occur at the permitting stage. Fire: The City’s Fire Marshal has reviewed the proposed development and has no objection to the proposal. Standard requirements must apply, including maintaining a minimum five-foot separation between generators and all building openings, and a minimum ten-foot separation between liquefied petroleum (LP) tanks, structures, and adjoining property lines. Emergency and fire department access, hydrant spacing, and all turning radii comply with all applicable standards. Police: The Police Department reviewed the site plan for Crime Prevention Through Environmental Design (CPTED) compliance and has no objection to the proposal. Recommendations include the use of full-cutoff exterior lighting, low landscaping near pedestrian walkways, unobstructed windows for natural surveillance, and security cameras with visible signage covering building entrances, loading areas, walkways, and parking areas. Engineering: The Engineering Division reviewed the civil plans, grading, drainage design, and utility layout and determined that the proposal complies with City engineering standards and South Florida Water Management District (SFWMD) criteria. Driveway geometry, turning radii, and internal circulation patterns accommodate emergency and service vehicles. Required easements are properly documented, and loading and refuse areas are shown to operate safely within the proposed circulation network. The proposal is compliant with engineering standards; the remaining technical items will be finalized and reviewed during permitting. Drainage: The proposed drainage design provides on-site stormwater collection, treatment, and attenuation consistent with City standards and South Florida Water Management District (SFWMD) regional drainage requirements. Stormwater will be conveyed through inlets, swales, and underground piping to the existing canal on the southern boundary. The submitted calculations demonstrate compliance with the required water-quality treatment volumes and attenuation standards. Site grading establishes positive drainage and appropriate finished-floor elevations. Staff determined that the system will function effectively once constructed and will not negatively impact adjacent properties or public right -of-way. Access: Access to the site will continue to be provided off of Park Ridge Boulevard at the existing entrance and from Beta Drive through one modified existing driveway and one newly added driveway. The Engineering Division has confirmed that both access points accommodate two-way traffic flow and provide adequate turning radius for delivery trucks, service vehicles, and emergency apparatus. Internal circulation aisles maintain required widths, preserve visibility triangles, and provide direct access to parking, loading, 911 Feeding South Florida (MSPM-2024.11.73304) Staff Report Page 4 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1C186EF7\@BCL@1C186EF7.docx and cross-campus connections. Vehicles will be able to move between the new and existing buildings without using public rights-of-way, resulting in an efficient, unified circulation network. The access configuration meets all applicable engineering and zoning standards. Parking: Parking is located along the east and south sides of the proposed building and integrates with the existing parking supply serving the northern warehouse. A Unity of Title is required for the two parcels to function as a single site for the purpose of shared parking. All parking spaces meet dimensional requirements, including Americans with Disabilities Act (ADA) spaces located near primary entrances. Reviewers determined that the total parking supply is adequate for the combined operations of both buildings and complies with the city’s Land Development Regulations (LDRs). Landscaping: The landscape plan satisfies City requirements for buffers, interior parking landscaping, and perimeter plantings. The design incorporates appropriate shade trees, palms, and shrubs compatible with the industrial character of Quantum Park, and maintains all required signage visibility triangles at access points. The project arborist evaluated existing trees and identified those appropriate for preservation along with those requiring removal due to condition or conflicts with construction. Required mitigation was provided through new plantings distributed throughout the site. Reviewers determined that the landscape plan is fully compliant and will enhance the visual quality of the project once installed. Building Height: The proposed warehouse is a one-story structure that complies with the height limits of the PID zoning district. The building profile, parapet treatment, and massing are compatible with the existing Feeding South Florida facility and the surrounding industrial development within Quantum Park. Design: The architectural design reflects a modern industrial character consistent with the existing Feeding South Florida facility. The building incorporates horizontal articulation, parapet detailing, and clearly defined entry features. Exterior materials and colors match the existing warehouse to present a unified campus appearance, and mechanical equipment and service areas are screened or positioned to minimize visibility from Beta Drive. Reviewers concluded that the architectural approach is appropriate for the PID district and meets applicable design standards. Lighting: The photometric plan demonstrates that the lighting design complies with City requirements for illumination levels, uniformity, and light cutoff. Full- cutoff LED fixtures are proposed along building perimeters, parking areas, and circulation drives to prevent light from spilling onto adjacent properties. Fixture heights, spacing, and placement support safe nighttime activity and align with CPTED principles. Reviewers confirmed that the lighting layout satisfies all relevant standards. 912 Feeding South Florida (MSPM-2024.11.73304) Staff Report Page 5 5 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1C186EF7\@BCL@1C186EF7.docx Signage: No new signage is proposed with this application. Any future signage must be reviewed under a separate permit and must comply with the City’s sign regulations and Quantum Park design standards. The current plans show only typical directional and regulatory signage associated with circulation, loading, and parking. Public Art: The applicant submitted the required Art in Public Places (AIPP) documentation. Based on project valuation, the development is subject to the AIPP contribution requirement. The applicant elected to satisfy this obligation through a monetary contribution in lieu of on-site artwork. Reviewers verified that the documentation is complete and compliant with the AIPP ordinance, with final fee collection to occur during building permitting. RECOMMENDATION Staff recommends APPROVAL of the Major Site Plan Modification (MSPM-2024.11.73304). Any additional conditions imposed by the City Commission will be incorporated in to Exhibit D – Conditions of Approval. 913 914 901 SOUTH FEDERAL HIGHWAY, SUITE 200, FORT LAUDERDALE, FLORIDA 33316 USA I P 954.866.0066 I C 954.494.9367 LA 6666948 (FL) I LA 3851 (TX) DULAND DESIGN JUSTIFICATION STATEMENT FEEDING SOUTH FLORIDA DRC Application: Major Site Plan Approval Parcel Control Number: 0843517100000475 Application Number: 2024.08.63598 Initial Submittal: November 22, 2024 REQUESTS On behalf of the applicant/property owner, Feeding South Florida, Inc., DULAND DESIGN LLC (DL) has prepared and hereby respectfully submits a Major Development Application for a proposed site plan. This site plan is to allow for permitted use of a 32,000 SF single building warehouse. PROPERTY INTRODUCTION The subject parcel is generally located on the Southwest corner of Park Ridge Boulevard and Beta Drive in the City of Boynton Beach, Florida and contains approximately 3.65 acres. The subject parcel is situated in the Quantum Park and designated for the industrial (I) land use based on the Quantum Master Plan. The proposed site improvements consist of the addition of a 32,000 SF warehouse facility on the southern parcel. The current proposed site plan is designed to reflect the completion of unity of title for the above-mentioned two parcels. HISTORY The site currently consists of two (2) Property Control Number (PCN) of 08-43-45-17-10-000-0475 and 08-43-45-20-26- 000-0000. The northern parcel is currently developed with a 25,775 SF warehouse facility. The southern parcel is currently vacant. There have not been any prior Site Plan approvals associated with the southern parcel. The vacant site consists of existing vegetation throughout and will be discussed further in this statement. The site is not required to be platted as it is a legal lot of record pursuant to Quantum Master Plan, and the proposed warehouse use is permitted according to D. Use Matrix (Table 3-28) and Footnote #26 of Chapter 3, Article IV, Section 3. Use Regulations of the City’s Land Development Regulations. SURROUNDING USES Development land with Industrial (I) use are located to the north, east and west of the site. A canal easement and a canal are located within the southern portion of the site and to the south of the site. SITE DESIGN AND ARCHITECTURE There is one existing access point on Park Ridge Boulevard, one existing access point on Beta Drive to be modified, and one proposed second access point on Beta Drive. The proposed two access points on Beta Drive provide 24’ wide entry/drive lanes. The site plan reflects all vegetations within canal easement and canal lot to be preserved. The total lot area for the preservation is approximately 31,328 SF with 8,276 SF upland landscape area. All existing canopies and palms on the developable lot have been evaluated and recorded by a Certified Arborist and a Certified Surveyor. The arborist report with evaluations and the tree survey are included in this submittal. Dispositions are proposed based on the current site plan layout and arborist report for necessary removal, relocation and preservation as shown on Disposition Plan. All relocatable trees and palms have been fully accommodated within the site. Additional canopy trees have been proposed throughout the site including the northern built parcel as our best effort to improve the property appearance as well as mitigation for the removals. All existing canopy trees, palms and understory planting in the northern built parcel is to be preserved and protected. Damaged understory planting 915 Justification Statement November 22, 2024 PAGE 2 OF 2 901 SOUTH FEDERAL HIGHWAY, SUITE 200, FORT LAUDERDALE, FLORIDA 33316 USA I P 954.866.0066 I C 954.494.9367 LA 6666948 (FL) I LA 3851 (TX) because of new canopy tree and palm planting will be restored. The short fall of the caliper mitigation will be covered by contribution to the Urban Tree Fund based on the dollar valuation of the calipers as shown on Disposition Table. Parking is required based on 1 space per 800 SF of the proposed warehouse. Based on the 24,566 SF of the warehouse building square footage, this equates to 33 parking spaces required and 33 parking spaces are proposed, including two (2) handicap parking spaces. The proposed building design includes a 32,000 SF. Warehouse storage facility for Feeding South Florida in the vacant southern parcel adjacent to the existing warehouse storage facility. The building programming includes dry storage, cold storage, freezer storage, loading docks, and a small office component for administrative staff. The building construction will consist of concrete tilt-up panels, flat roof with metal roof bar joists, and aluminum shade canopy at the building entry. The exterior building design will include various parapet heights to define the building entry, storefront doors and windows, and a variety of score lines throughout the building exterior. The building colors are derived from the Feeding South Florida color palette expressed at their headquarters warehouse building; these colors will compliant the existing building to the north. LANDSCAPE BUFFERS AND FOUNDATION PLANTING A 7’ wide landscape strip is required along the east perimeter and a 7’-15’ wide landscape strip is provided. The existing 12’-22’ wide landscape strip along the north perimeter is to remain and to be enhanced with canopy trees and palms. A 5’ wide min. perimeter landscape buffer is required along the west perimeter and is provided. The landscape within the northern parcel perimeter is to remain with additional canopy trees proposed. The plant materials proposed as part of the landscape plans will provide for the required screening along the east, north and west sides of the site. A min. of 5’ wide foundation planting area has been provided along all facades of the proposed building where feasible. A 11.5’ wide foundation planting area has been provided along the southern façade of the existing building. Additional trees have been proposed along the northern and eastern facades of the existing building. CONCURRENCY A traffic statement has been submitted herewith. On behalf of the applicant and property owner Feeding South Florida, Inc., DULAND DESIGN LLC respectfully requests favorable review and consideration of the Site Plan, the request for a new construction warehouse on the vacant lot. The agent at DULAND DESIGN LLC is Chang Du who can be reached at (954) 494 9367 or via email at cdu@dulanddesign.com. Please feel free to contact the agent with any questions or for additional information in support of the requested application. 916 10 3 13 14 2 1 66 5 7 2 5XXXXXXXXX XXXXXXXHHELECLC 11.4811.091 2 . 4 13.0113.1313.0230.22'14.49'10.24'3.58'16.81'15.24'17.92'17.29'2.74'44.20'7.97'22.37'4.97' 3.57' 10.04' 3.69' WPP WPP WPP WPP OAK 15" OAK 8" WM SGN SGN SGN SGN CLP CLP CLP CLP WGV SGN CLP SGN CLP CLP WGV CLP WPP IRRI PUMP GAS METER C/O MH GREASE GREASE MH MH GREASE GREASE MH C/O C/O C/O C/O 6" DIP FDC FH NOT IN SCOPE NOT IN SCOPE NOT IN SCOPE NOT IN SCOPE EXISTING WAREHOUSE BUILDING 25,775 SQ.FT. FOOTPRINT WAREHOUSE BUILDING 25,593 SQ.FT. FOOTPRINT 1,500 SQ.FT. OFFICE (GROUND FLOOR) 6,407 SQ.FT. (LOFT) 32,000 TOTAL SQ.FT. 30'-0" FRONT S.B. 30'-0" FRONT S.B. TWO DUMPSTER SHARED ENCLOSURE ASPHALT PARKING 15'-0"FPL EASEMENT39'-3"TO EOW+-LOADING DOCK5'-0"5'-0" 11'-8"5'-0"FOUNDATION PLANTINGCONCRETE STAIRS 30'-6"7'-0" CONCRETE RAMP CONCRETE LANDING & STAIRS25'-0"25'-0"10'-0"TRANSFORMER12'-0"9'-6" 24'-0"24'-0"150'-0"5'-0"5'-0"SIDEWALK193'CONCRETE STAIRS 173'20'74.5' 202' 127'11'-11"24'-1" LANDSCAPE LANDSCAPE LANDSCAPE DRIVEWAYR4'-6"R4 ' - 6 " R 1 4 . 0 ' R14 . 0 ' 5' CROSS WALK CONC. SIDEWALK RELOCATED LIGHT POLE 10'-0"10.0'5'-0"31' -2 "16'-6"EXISTING TRANSFORMER 15.0'15'-0"2'-0" CAR OVERLAP2'-0" CAR OVERLAPASPHALT PARKINGLOT 47-A(REMAINDER NOT INCLUDED)LOT 48-ALOT 47- C LOT 47- B QUANTUM PARK AT BOYNTON BEACHP.I.D. PLAT NO. 10PLAT BOOK 60, PAGE 34Δ 03º 32' 54" R=2944.18' L = 1 8 2 . 3 3 'S 01º 09" 05" W 363.95'ZONE AE (EL 9) ZONE X S 4 5 º 2 3 " 0 4 " E 3 6 . 2 9 ' S 88º 50" 54" E 29.01'BETA DRIVETRACT B50' ROW12'-0"UTILITY EASEMENTLOT 47- B LOT 47- A SET IRC DRAINAGE EASEMENTPER P.B. 60, PG. 34, P.B.C.R15'- 0 " UTIL I T Y E A S E M E N T UND E R G R O U N D (P.B . 6 0 , P G . 3 4 , P . B . C . R )15'-0"UTILITY EASEMENT(FLP & SB)OVERHEAD(P.B. 60, PG. 34, P.B.C.R)(6) ELECTRIC VEHICLE PARKING/CHARGES STATIONS & SIGNS PROP. 2" RPZ 15'-0" UTILITY EASEMENT (FLP & SB) OVERHEAD (P.B. 60, PG. 34, P.B.C.R) RELOCATED GENERATOR RELOCATED PROPANE TANK NEW FENCE 12' X 35' LOADING AREA CONCRETE DRIVEWAY NEW LIGHT POLE NEW LIGHT POLE NEW WALL MOUNT LIGHT FIXTURE BOLLARDS 15.0' U.E PAVERS EXISTING FH EXISTING FH PROP FIRE NEW WALL MOUNT LIGHT FIXTURE NEW WALL MOUNT LIGHT FIXTURE NEW LIGHT POLE STOP SIGN NEW WALL MOUNT LIGHT FIXTURE NEW WALL MOUNT LIGHT FIXTURE 5' x 6' CONC. LANDING 5' x 6' CONC. LANDING PROP FDC PROP 6" DCDA PROP. 2" WTR MTR EV CHARGE BOSH EV860 (TYP.) BOLLARDS PAINTED STRIP LINES DO NOT ENTER SIGN 15'X15' SAFE SIGHT TRIANGLE (TYP.) 15'X15' SAFE SIGHT TRIANGLE (TYP.) 15'X15' SAFE SIGHT TRIANGLE (TYP.) PARK RIDGE BOULEV A R D 100' ROW FPL PAD 25'-0" 24' - 5 " 29'-0"LOT 47-D(REMAINDER NOT INCLUDED)LOT 47- D LOT 47- C LOT 48-DS 01º 09" 05" W 190.01'PORTION OF LOT 47-DDRAINAGE EASEMENTLOT 47-C(REMAINDER NOT INCLUDED)N 01º 09" 05" E 390.28'WEST 85'-1" LOT 47-BLOT 47-B(REMAINDER NOT INCLUDED)LOT 48-CCBFND CMON 4X4 STAMPED "LB 3618" 0.07' N, 0.19' E HH ELEC HH AT&T TELE-RISER DROP CURB NEW WALL MOUNT LIGHT FIXTURE RECYCLING CENTER / DUMPSTER AREA CB L=150.76' Δ 143º 58' 04" R=60.00' FPL PAD L=150.76' Δ 143º 58' 04" R=60.00'FND IP 1/2" 0.12' S, 0.13' W L=23.55' Δ 53º 58' 05" R=25.00' 15'-0" PROPOSED 174.50 LF OF NEW SIDEWALK ON NEW LOT FRONTAGE 44'-2"24'-0"DRIVEWAYENTRY TRUCKS AND EMPLOYEES ONLY SIGN ENTRY TRUCKS AND EMPLOYEES ONLY SIGN EMPLOYEES PARKING ONLY SIGN R10'- 0" 16'-6"16'-6" 15'-5" THIS PROJECT LOCATION TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com $Oe[is KniJht $rchitects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL SITE PLAN SCALE: 1 32" = 1'-0" N A1.01 SITE DATA NAME OF APPLICATION FEEDING SOUTH FLORIDA INC. CONTROL NUMBER 08434517100000475 APPLICATION NUMBER ZCVL #23-00000024 LAST DRO APPROVAL DATE LAST DRO RESOLUTION NUMBER TIER URBAN/SUBURBAN EXISTING LAND USE DESIGNATION INDUSTRIAL (I) PROPOSED LAND USE DESIGNATION INDUSTRIAL (I) EXISTING-ZONING DISTRICT PID PROPOSED ZONING DISTRICT PID OVERLAY(S)NONE PROPERTY CONTROL NUMBER(S)08-43-45-17-10-000-0475 EXISTING USE N/A PROPOSED USE WAREHOUSE SINGLE-TENANT REQUIRED/PROPOSED SITE AREA 94,518.33 SQF SECTION, TOWNSHIP, RANGE 20,45,43 PROPERTY CONTROL NUMBER 08-43-45-17-10-000-0475 BUILDING DATA-NEW BUILDING WAREHOUSE TOTAL BUILDING SQUARE FOOTAGE:32,000 S.F. 1ST FLOOR WAREHOUSE/ OFFICE 25,593 S.F. 2ND FLOOR LOFT AREA 6,407 S.F. BUILDING HEIGHT 35 FEET BUILDING HEIGHT REQUIRED (MAX.)45 FEET BUILDING STORIES 4 STORY PARKING REQUIRED: WAREHOUSE 1 SPACE PER 800 SQF TOTAL PARKING SPACES REQUIRED 40 SPACES TOTAL PARKING SPACES PROVIDED 40 SPACES STANDARD (40) TOTAL HANDICAP PARKING REQUIRED:1 SPACE TOTAL HANDICAP PARKING PROVIDED:2 SPACE TOTAL LOADING SPACES REQUIRED:1 SPACE TOTAL LOADING SPACES PROVIDED:4 SPACES BUILDING DATA-EXISTING BUILDING WAREHOUSE TOTAL BUILDING SQUARE FOOTAGE:24,566 S.F. 1ST FLOOR WAREHOUSE 24,566 S.F. PARKING REQUIRED: WAREHOUSE 1 SPACE PER 800 SQF TOTAL PARKING SPACES REQUIRED 33 SPACES TOTAL EXISTING PARKING SPACES PROVIDED 37 SPACES TOTAL HANDICAP PARKING REQUIRED:2 SPACES TOTAL EXISTING HANDICAP PARKING PROVIDED:2 SPACES TOTAL LOADING SPACES REQUIRED:1 SPACE TOTAL EXISTING LOADING SPACES PROVIDED:1 SPACE SITE PLAN PARKING DATA COMBINED EXISTING AND NEW BUILDING TOTAL PARKING REQUIRED:73 SPACES TOTAL PARKING SPACES PROVIDED:74 SPACES SUSTAINABLE DEVELOPMENT STANDARDS REQUIRED SUSTAINABLE STANDARDS POINTS OUTDOOR LIVING Utilizations of warm white LED lighting for parking lots, pathway lighting, accent lightning and exterior building lighting. BUTTERFLY ATTRACTING LANDSCAPE MATERIAL The landscape plan is designed to utilize a inimum of 5% butterfly attracting shrubs and trees in the planting scheme, with a minimum of three (3) different species of plants. ELECTRIC CHARGING STATIONS Provision of Level one (1) charging station per every fifty thousand (50,000) square feet. WHITE ROOF Required for all products utilizing flat surfaces, roof must be white. SUSTAINABLE DEVELOPMENT OPTIONS AND POINTS EFFICIENT COOLING All air conditioners are Energy Star qualified. Minimum SEER 16. EFFICIENT WATER HEATING At least 75% of hot water on premises is heated vis EANERGY Star Certified water heaters or solar water heaters. COOL ROOF Use roofing materials that have a Solar Rflective Index (SRI) 75 for low sloped roofs (<2:12) or 25 for steep-sloped roofs (>2:12) for a minimum of 75% of the roof surface. BUILDING COLOR Utilization of white or cool light colors for the body of buildings to relect rather than absorb heat and reduce cooling costs. Accent and trim colors are not limited to these choices. RECYCLE STATION/ DUMPSTER AREA Recycle chute(s) in mixed use districts and dumpster, which include a recycle station. TREE CANOPY Provide canopy trees in an amount that exceeds the minimum number of required trees by 25%. HABITAT RESTORATION Using only native or Florida Friendly plant species, restore pre-development native habitat on the project site in an area equal to or greater than 10% of the development footprint, working with a landscape architec to ensure that restored aread feature waterwise, native and drought tolerant plants. ELECTRIC CHARGING STATIONS Provide four (4) over the required number of electric car charging stations. TOTAL POINTS MIMINUM REQUIRED POINTS NON-RESIDENTIAL BUILDING GREATER THAN ONE (1) ACRE 4 25 25 2 2 2 2 - - - - LIGHTNING Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. ENERGY STAR APPLIANCES All appliance within a building are 100% Energy Star. 4 5 1 2 1 SUMMARY TABLE AREA PERCENTAGE OF THE PROJECT SITE LOT AREA EXISTING LOT 64,458 SQFT NEW LOT 94,519 SQFT TOTAL 158,977 SQFT 100% LANDSCAPE EXISTING ISLAND LANDSCAPE 14,391 SQFT PROPOSED ISLAND LANDSCAPE 10,945 SQFT TOTAL 25.336 SQFT 15% EXISTING OPEN LANDSCAPE 3,953 SQFT PROPOSED OPEN LANDSCAPE 39,674 SQFT TOTAL 43,627 SQFT 27% TOTAL LANDSCAPE 68,963 SQFT 42% PAVERS EXISTING VEHICULAR USE 15,353 SQFT PROPOSED VEHICULAR USE 16,535 SQFT TOTAL 31,888 SQFT 20% EXISTING SIDEWALK 2,694 SQFT PROPOSED SIDE WALK 1,772 SQFT TOTAL 4,466 SQFT 2.8% BUILDING FOOTPRINT EXISTING FOOTPRINT 25,765 SQFT PROPOSED FOOTPRINT 25,593 SQFT TOTAL 51,358 SQFT 32% LOCATION MAP SCALE: N.T.S. N BOYNTON BEACH CANALBETA DRIVEALPHA DRIVEPARK BRIDGE BOULEVARD 917 COVER SHEET A 0.0 PROJECT SITE FEEDING SOUTH FLORIDA, INC. ARCHITECT OF RECORD: ALEXIS KNIGHT ARCHITECTS, INC. OWNER: 4925 PARK RIDGE BOULEVARD BOYNTON BEACH, FL 33426 100 NE 6TH STREET, SUITE 102 BOYNTON BEACH, FL 33435 TEL: 561-374-9242 LICENSE NUMBER: AR26002172 cpeede@akarchitectsinc.com BOYNTON BEACH CANAL LAND PLANNING / LANDSCAPE: DULAND DESIGN 811 E. LAS OLAS BLVD., SUITE 4 FORT LAUDERDALE, FL 33301 TEL: 954-866-0066 cdu@dulanddesign.com PARK RIDGE BLVD. AKARCHITECTS PROJECT NO. 23.0068 4925 PARK RIDGE BLVD, BOYNTON BEACH, FLORIDA 33426 ARCHITECTURAL: ·ALL INTERIOR FINISHES AS DESCRIBED IN THESE DRAWINGS ·DOORS, FRAMES AND HARDWARE ·GYPSUM AND ACCESSORIES ·TOILET ACCESSORIES ·CEILING SYSTEMS ·PARTITION FRAMING ·BUILT IN COUNTER WORK STRUCTURAL ENGINEERING: ·MISCELLANEOUS STRUCTURAL STEEL MECHANICAL ENGINEERING: ·MECHANICAL DUCTWORK ·HVAC CEILING DEVICES ELECTRICAL ENGINEERING: ·LIGHTING FIXTURES ·DEVICES, SWITCHES, OUTLETS AND CONTROLS PLUMBING ENGINEERING: ·PLUMBING FIXTURES, VALVES AND CONTROLS ·WATER HEATERS FIRE SPRINKLER ENGINEERING: ·FIRE SPRINKLER DRAWINGS FEEDING SOUTH FLORIDA DESCRIPTIONDELTA #DATE INDEX OF REVISIONS AERIAL PLAN SCALE: N.T.S. N PROJECT TEAM SHOP DRAWING SUBMITTAL RELEASED FOR PERMITTING: RELEASED FOR CONSTRUCTION: RELEASED FOR BID: SUBMITTAL PHASE . . . TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com $Oe[is KniJht $rchitects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTALBETA DRIVEGENERAL CONTRACTOR GAST CONSTRUCTION GROUP, INC. 333 SOUTHERN BLVD., UNIT 102 WEST PALM BEACH, FL 33405 steve.young@gastconstructiongroup.com OWNER'S REPRESENTATIVE/ CIVIL: CDI CIVIL DESIGN, INC. 1400 CENTREPARK BOULEVARD, SUITE 905 WEST PALM BEACH , FL 33401 TEL: 561-659-5760 jtrompeter@civil-design.com VICINITY MAP SCALE: N.T.S. N PROJECT SITE SHEET NUMBER SHEET NAME CONSTRUCTION DOCS RELEASED FOR PERMIT DELTA #SHEET NUMBER SHEET NAME CONSTRUCTION DOCS RELEASED FOR PERMIT DELTA # INDEX OF DRAWINGS:INDEX OF DRAWINGS (CONTINUED): A0.00 COVER SHEET A0.01 SURVEY NOTE A3.00 BUILDING ELEVATIONS A2.01 WAREHOUSE FLOOR PLAN & LOFT FLOOR PLAN A3.01C COLORED BUILDING ELEVATIONS A1.01 ARCHITECTURAL SITE PLAN A3.00C COLORED BUILDING ELEVATIONS A3.01 BUILDING ELEVATIONS THE SCOPE OF WORK FOR THIS PROJECT INCLUDES THE CONSTRUCTION OF NEW STORAGE BUILDING, INCLUDING OFFICE AREA, BATHROOM, DRY, COLD AND FREEZER STORAGE. ALSO SITE IMPROVEMENTS INCLUDING PARKING STALLS AND DRIVEWAYS AS ILLUSTRATED IN THESE CONTRACT DOCUMENTS. ALL ARCHITECTURAL, MEP ENGINEERING AND STRUCTURAL WORK HAVE BEEN CLEARLY DEFINED IN THESE DOCUMENTS. THE DRAWINGS AND ANNOTATIONS INCLUDED HEREIN, ESTABLISH THE CRITERIA FOR THE SITE WORK, ARCHITECTURAL, STRUCTURAL, MECHANICAL, ELECTRICAL AND PLUMBING ENGINEERING ASSOCIATED WITH THE CONSTRUCTION OF A NEW STORAGE BUILDING, LOCATED 4925 PARK RIDGE BLVD., IN BOYNTON BEACH, FLORIDA. THE PROJECT IS DEFINED AND WORK SHALL BE PROVIDED BASED ON THE CONTRACT DOCUMENTS PROVIDED HEREIN. THE CONTRACT DOCUMENTS ARE COMPRISED OF THESE WORKING DRAWINGS AND PLAN NOTES. THE GENERAL CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS AND COMPLETE ALL NEW WORK BASED ON A COMPLETE SET OF CONTRACT DOCUMENTS. TO THE BEST OF OUR KNOWLEDGE, THE STRUCTURAL DETAILING AND SPECIFICATIONS COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE GOVERNING BUILDING CODE. CONSTRUCTION IS TO COMPLY WITH THE REQUIREMENTS OF THE GOVERNING BUILDING CODE AND ALL OTHER APPLICABLE FEDERAL, STATE AND LOCAL CODES, STANDARDS, REGULATIONS AND LAWS. ALL DIMENSIONS ARE TO THE FACE OF THE GYPSUM BOARD, UNLESS OTHERWISE NOTED. THE GENERAL CONTRACTOR SHALL "SNAP LINES" INDICATING PARTITION LAYOUT AND REVIEW WITH THE OWNER AND ARCHITECT, PRIOR TO COMMENCEMENT OF INTERIOR PARTITION INSTALLATIONS. CODE INFORMATION THE GOVERNING CODE FOR THIS PROJECT IS THE 2023 FLORIDA BUILDING CODE, 8TH EDITION WITH ALL LOCAL AMENDMENTS. THIS CODE PRESCRIBES WHICH PORTION OF EACH REFERENCED STANDARD APPLIES TO THIS PROJECT PURSUANT TO THE 2023 FLORIDA BUILDING CODE - EXISTING BUILDING, 8TH EDITION, THIS SHALL BE A 4 STORY WAREHOUSE. THE BUILDING WILL BE DESIGNED TO COMPLY WITH THE 2023 FLORIDA BUILDING CODE - ACCESSIBILITY - 8TH EDITION. THE BUILDING WILL BE DESIGNED TO COMPLY WITH THE 2023 FLORIDA BUILDING CODE - EXISTING BUILDING - 8TH EDITION. THE BUILDING WILL BE DESIGNED TO COMPLY WITH THE 2023 FLORIDA BUILDING CODE - RESIDENTIAL - 8TH EDITION. THE PLUMBING SYSTEMS WILL BE DESIGNED TO COMPLY WITH THE 2023 FLORIDA BUILDING CODE - PLUMBING - 8TH EDITION. THE HVAC SYSTEMS WILL BE DESIGNED TO COMPLY WITH THE 2023 FLORIDA BUILDING CODE - MECHANICAL- 8TH EDITION. THE ELECTRICAL SYSTEMS WILL BE DESIGNED TO COMPLY WITH THE NATIONAL ELECTRICAL CODE (NEC) - CURRENT EDITION. GENERAL CONDITIONS: THE CONTRACTOR SHALL PROTECT ADJACENT PROPERTY, HIS OWN WORK AND THE PUBLIC FROM HARM. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR CONSTRUCTION MEANS AND METHODS, AND JOBSITE SAFETY INCLUDING ALL OSHA REQUIREMENTS. THE CONTRACTOR SHALL VISIT THE PREMISES AND THOROUGHLY FAMILIARIZE HIMSELF WITH ALL DETAILS OF THE WORK AND WORKING CONDITIONS. ALL DIMENSIONS SHALL BE FIELD VERIFIED AND THE GENERAL CONTRACTOR SHALL ADVISE THE ARCHITECT OF ANY DISCREPANCIES BEFORE PERFORMING THE WORK. ALL WORK SHALL BE DONE IN A SAFE AND CAUTIOUS MANNER IN ORDER TO AVOID ACCIDENTS AND PROPERTY DAMAGE. THE CONTRACTOR SHALL PERFORM ALL WORK REQUIRED UNDER THIS CONTRACT FOR A COMPLETE INSTALLATION OF THE NEW BUILDING ADDTION AND INTERIOR RENOVATIONS ASSOCIATED WITH THIS PROJECT. THE GENERAL CONTRACTOR SHALL PREPARE SHOP DRAWINGS FOR THE EACH OF THE DESIGNATED ITEMS, PRIOR TO PURCHASING, DELIVERING OR INSTALLATION OF THE ITEMS AS LISTED HEREIN. THE GENERAL CONTRACTOR SHALL REVIEW AND APPROVE (STAMPED FOR APPROVAL) ALL SHOP DRAWINGS. SHOP DRAWINGS SHALL THEN BE TRANSMITTED TO THE ARCHITECT FOR REVIEW AND COORDINATION WITH THE CONTRACT DOCUMENTS. THE SHOP DRAWINGS WILL BE RETURNED TO THE GENERAL CONTRACTOR AND ISSUED TO OWNER. PROVIDE SHOP DRAWING SUBMITTALS FOR THE FOLLOWING GENERAL PROJECT NOTES GENERAL LANDSCAPING L1.01 TREE DISPOSITION PLAN L2.02 LANDSCAPE PLAN ARCHITECTURAL CIVIL C0.00 COVER SHEET C0.01 GENERAL NOTES C0.02 GENERAL NOTES C1.1 SITE DEMOLITION & EROSION CONTROL PANEL C2.1 SIGNING, STRIPING & GEOMETRIC PLAN C3.1 PAVING, GRADING & DRAINAGE PLAN C4.1 C5.1 POTABLE WATER & SANITARY SEWER PLAN C6.1 C6.2 C6.3 PAVING, GRADING & DRAINAGE DETAILS POTABLE WATER & SANITARY SEWER DETAILS POTABLE WATER & SANITARY SEWER DETAILS POTABLE WATER & SANITARY SEWER DETAILS SURVEY DJS SURVEYORS, INC. 20283 STATE ROAD 7, SUITE 200 BOCA RATON, FL 33498 TEL: 561-883-0470 info@djssurveyors.com A1.02 NORTH & EAST LANDSCAPE PLAN AD1.00 SITE DEMOLITION PLAN A3.02 EXISTING BUILDING ELEVATIONS A3.03 EXISTING BUILDING ELEVATIONS A2.11 DRAINAGE ROOF PLAN C2.2 FIRE RESCUE VEHICLE ACCESS PLAN C2.3 REFUSE VEHICLE ACCESS PLAN C2.4 DELIVERY VEHICLE ACCESS PLAN C4.2 PAVING, GRADING & DRAINAGE DETAILS C4.3 PAVING, GRADING & DRAINAGE DETAILS ELECTRICAL E1.00 PHOTOMETRIC PLAN 918 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X 6' CHAIN LINKFENCEX XXXXXXXX XXXXXXX XXXXX XXXLOT 47-A(REMAINDER NOT INCLUDED)LOT 47-B(REMAINDER NOT INCLUDED)LOT 48-ALOT 48-CLOT 48-DLOT 46-ALOT 46-BLOT 46-CPARK RIDGE BOULEVARD(100' R/W)BETA DRIVETRACT B (50' R/W)6' CHAIN LINKFENCE6' CHAINLINKFENCE4' PLASTICFENCE9' PLASTICFENCEASPHALTPARKINGCONC WALK CONC WALKASPHALTPARKING24' ASPHALT ROAD CONCRETE 22' ASPHALT ROADGENERATORPADCB "H"12.00'UTILITY EASEMENT15 . 0 0 ' U T I L I T Y E A S E M E N T U N D E R G R O U N DWMCLPSGNSGNSGNSGNCLPCLPCLPCLPWGVSGNFHCLPSGNCLPCLPSGNSGNSGNFHWGVCLP CLPPROPTANKCONCWALLCB "F"CONCCONCACPADMH GREASE4' PLASTICFENCEACPADCBFPLPADACPADCONCMAILBOXHHELECHHELECHHELECHHELECHHELECHHELECCBFPLPADELECMETER6' BFP1' BFPHHAT&TTELERISER6"BOLLARDVALLEYGUTTERVALLEY GUTTERVALLEYGUTTER195.10'58.33'6.00'6.00'132.60' 58.35'195.10'15.92'1 STORY C.B.S. BUILDING4925 PARK RIDGE BLVDFINISHED FLOOR EL. = 13.40PORTION OF LOT 47-C46.235.15 SQ. FT.SOUTH LINE LOT 47-B S 88º 50' 54" E 237.00' LOT 47- C LOT 47- B LOT 47- BLOT 47- A LOT 47- D LOT 47- C 199.17'119.58'S 01º 09' 05" WLOT 47-C(REMAINDER NOT INCLUDED)PJM AT QUANTUM PARKPLAT BOOK 76, PAGE 50QUANTUM PARK AT BOYNTONBEACH P.I.D. PLAT NO. 10PLAT BOOK 60, PAGE 34N 01º 09" 05" E 301.99'S 88º 50" 54" E29.01'N 01º 09" 05" E 390.28'S 88º 50" 54" W 262.00'L=150.76'Δ143º 58' 05"R=60.00'L=23.55'Δ53º 58' 05"R=25.00'WGVCLPS 45º 23" 04" E36.29'Δ 03º 32' 54" R=2944.18' L=182.33'LCLC S 01º 09" 05" W 363.96'RECESSEDENTRYCONCRETE SLAB COVERED PATIO FND. IRCLB 44310.1' EFND 4"X4" CONC.MONUMENTILLEGIBLEFND 12" IRON PIPEFND. IRCILLEGIBLE0.1' SFND CMON 4X4STAMPED "LB 3618"0.1' NFND CMON 4X4STAMPED "LB 3618"FND CMON 4X4STAMPED "LB 3618"TELERISERIRRI PUMPGAS METERC/OMH GREASEGREASE MHMH GREASEGREASE MHC/OC/OC/OC/O6" FDC2" PVC VENTPIPES 01º 09" 05" W 190.01'LOT 47-D(REMAINDER NOT INCLUDED)ZONE AE (EL 9) ZONE X WEST 85.12' LOT 47-B SOUTH 71.53'LOT 47-B71.53'PORTION OF LOT 47-D DRAINAGE EASEMENT15.00'UTILITY EASEMENT(FPL & SB)OVERHEAD11.4811.09NORTH LINE - SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-16 CANAL, PER O.R.B. 1064, PG. 45 OHWAC PADAC PADAC PADXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X TOBWPP WPPWPP SMH "A"CATCH BASINRIM EL.=11.35CB "D"CB "E"RIM EL.=11.83CATCH BASINRIM EL.=11.64HVAC PADCONC WITHDRAIN50.00' 55.33'20.06' 20.08'55.30'78.65'90.36'50.00'PLAT LIMITSPLAT LIMITSPLAT LIMITSPLAT LIMITS DRAINAGE EASEMENTPER P.B. 60, PG. 34, P.B.C.R.119.58'70.43'15.00' UTILITY EASEMENT(FPL & SB) OVERHEAD(P.B. 60, PG. 34, P.B.C.R.)(P.B. 60, PG. 34, P.B.C.R.)S 05°28'07" E(RADIAL)(BEARING BASE)(P . B . 6 0 , P G . 3 4 , P . B . C . R . )6' CHAIN LINKFENCE COR. ONPROPERTY LINE6' CHAINLINK FENCECONC. WALL6' CLF END0.4' WESTWEST R/W LINEBETA DRIVETYPE "D"CURBMEDIANSITE BENCHMARKSET MAG NAILELEVATION=11.81SITE BENCHMARKSET MAG NAILELEVATION=13.21CB "G"6' CHAIN LINKFENCEWEST 85.12' LOT 47-C WEST 85.12' LOT 47-D TYPE "D"CURBTYPE "D"CURBTYPE "D"CURBTYPE "D"CURB15.00' UTILITY EASEMENT (FPL & SB) OVERHEAD (P.B. 60, PG. 34, P.B.C.R.)30.02'30.04'25.00'25.00'APPROXIMATEFLOOD ZONE LINETYPE "F"CURBTYPE "D"CURBTYPE "F"CURBWGVSMH "B"SMH "C"12' U.E. , SOUTHERN BELL & FPLUNDERGROUND(P.B. 60, PG. 34, P.B.C.R.)FND. IRCILLEGIBLEREVISION DATE BY FB / PG RDONALD J. SULLIVANPROFESSIONAL SURVEYOR &MAPPERFLORIDA REGISTRATION NO. 6422SIGNATURE DATE: 03/27/2025NOT VALID WITHOUT THE SIGNATUREAND STAMPED SEAL OF A FLORIDALICENSED SURVEYOR & MAPPEROFSHEET NO.JOB NO.DRAWN BY:CHECKED BY:FB / PG:SCALE: 1"=DATE:-FILE:.DWGMAP OF BOUNDARY SURVEY R / /KA/RMDS122/630'11142024UPDATE SURVEY24241110SCALE: 1"=30'30601545FOR: FEEDING SOUTH FLORIDA DJS SURVEYORS, INC. PROFESSIONAL SURVEYORS AND MAPPERS 20283 STATE ROAD 7, SUITE 200 BOCA RATON, FL 33498 PH. 561.883.0470, FAX. 561.883.0480 CERTIFICATE OF AUTHORIZATION NO. LB 7870 WWW.djssurveyors.com NS EW LEGAL DESCRIPTION:ALL OF PLAT PJM AT QUANTUM PARK,ACCORDING TO THE PLAT THEREOF, ASRECORDED IN PLAT BOOK 76, PAGES 50AND 51, OF THE PUBLIC RECORDS OFPALM BEACH COUNTY, FLORIDA.TOGETHER WITH:THE SOUTH 71.53 FEET OF LOT 47-B, LESSTHE WEST 85.12 FEET, TOGETHER WITHLOTS 47-C AND 47-D, LESS THE WEST85.12 FEET OF LOTS 47-C AND 47-D, OFQUANTUM PARK AT BOYNTON BEACH,P.I.D. PLAT NO. 10, ACCORDING TO THEMAP OR PLAT THEREOF, AS RECORDEDIN PLAT BOOK 60, AT PAGE 34, OF THEPUBLIC RECORDS OF PALM BEACHCOUNTY, FLORIDA.ADDRESS:4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 33426LOCATION MAP - NOT TO SCALEN CONGRESS AVE C. STANLEYWEAVER CANALI-95JOBSITEOLD BOYNTONRDE GATEWAYBLVDSURVEY NOTES:1.BELOW GROUND IMPROVEMENTS AND/OR ENCROACHMENTS IF ANY, WERE NOT LOCATED. UNLESS OTHERWISE SHOWN.2.ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM (N.A.V.D.) OF 1988.3.THERE HAS BEEN NO SEARCH OF THE PUBLIC RECORDS PERFORMED BY THIS FIRM.4.UNLESS OTHERWISE NOTED ALL PROPERTY CORNERS ARE SET 5/8" IRON RODS WITH CAP STAMPED LS # 6422.5.THIS BOUNDARY SURVEY IS NOT VALID WITHOUT A SIGNATURE AND ORIGINAL RAISED SEAL OF THE CERTIFYING FLORIDA LICENSEDSURVEYOR AND MAPPER.6.THIS SURVEY IS CLASSIFIED A "MAP OF BOUNDARY SURVEY" BY CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TOSECTION 472.027, FLORIDA STATUES, AS AMENDED.7.THE N.F.I.P. FLOOD MAP HAS DESIGNATED THIS LAND LIE WITHIN ZONE X AND ZONE AE (BASE FLOOD EL=9 ) COMMUNITY #120196, MAPAND PANEL # 12099C0787F, AND THE DATE OF FIRM 10/05/2017.8.THE SURVEY FIELD WORK WAS CONDUCTED ON 4/12/2024. TREE LOCATION AND STRUCTURE INFORMATION WAS OBTAINED ON11/12/2024. ADDITIONAL TREES WERE LOCATED ON 3/25/2024.9.BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT - OF - WAY LINE OF BETA DRIVE HAVING AN ASSUMED BEARING OF S 01°09' 05" W.10.BENCHMARK OF ORIGIN: PALM BEACH COUNTY ENGINEERING DEPARTMENT, BENCHMARK "BORG", ELEVATION 11.489 (N.A.V.D 88) ANDBENCHMARK "INDUSTRIDGE", ELEVATION 18.969 (N.A.V.D 88).11.SUBJECT PROPERTY CONTAINS 158,977 SQUARE FEET (3.65 ACRES) MORE OR LESS.12. THE UNDERSIGNED & DJS SURVEYORS, INC., MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY AND/OR EASEMENTS RECORD.13. ONLY TREES FROM THE PROVIDED ARBORIST REPORT WERE LOCATED AND SHOWN HEREON. TREE SIZE, TYPE AND HEIGHT SHOWNHEREON WERE TAKEN FROM THE ARBORIST REPORT PROVIDED BY CLIENT.111" Sabal Palm24242" Pongam 37310" Sabal Palm26410"Sabal Palm26510"Sabal Palm21613" Sabal Palm21713" Sabal Palm21810" Sabal Palm20910" Sabal Palm201013" Sabal Palm221110" Sabal Palm22129" Sabal Palm221314" Live Oak271413" Sabal Palm20159" Sabal Palm201817" Sabal Palm221916" Java Plum342012" Laurel Oak342127" Slash Pine442228" Slash Pine392310" Sabal Palm25248" Sabal Palm152510" Sabal Palm21267" Slash Pine402710" Slash Pine40288" Slash Pine40298" Slash Pine403013" Slash Pine403112" Slash Pine40329" Slash Pine403316" Slash Pine403413" Slash Pine40359" Slash Pine40365" Slash Pine243713" Slash Pine473810" Slash Pine40397" Slash Pine40404" Slash Pine404113" Slash Pine474210" Slash Pine36439" Slash Pine34447" Live Oak26457" Live Oak264630" Pongam 214712" Sabal Palm214813" Slash Pine364910" Slash Pine36506" Slash Pine325112" Slash Pine28529" Slash Pine38539" Slash Pine305414" Sabal Palm185514" Sabal Palm205638" Pongam 285716" Sabal Palm225811" Sabal Palm215911" Sabal Palm216011" Sabal Palm216113" Sabal Palm256212" Sabal Palm256310" Sabal Palm226410" Sabal Palm186511" Sabal Palm256614" Slash Pine396717" Slash Pine396818" Slash Pine30696" Dahoon Holly29709" Slash Pine437114" Slash Pine37725" Slash Pine337311" Slash Pine447422" Slash Pine477511" Slash Pine447616" Sabal Palm267712" Slash Pine54789" Slash Pine307910" Sabal Palm22808" Slash Pine518113" Slash Pine408212" Sabal Palm18838" Slash Pine378416" Slash Pine448510" Sabal Palm168616" Slash Pine438712" Sabal Palm188813" Slash Pine478917" Sabal Palm149017" Sabal Palm149117" Sabal Palm249216" Slash Pine339316" Sabal Palm22947" Live Oak25957" Slash Pine279610" Slash Pine33976" Dahoon Holly239815" Slash Pine31998" Slash Pine3110015" Sabal Palm2010113" Slash Pine38TREE TABLESIZE/TYPETREENO.HEIGHT(FT.)SYMBOLS................. CATCH BASIN................. CENTER LINE................. FIRE HYDRANT................. HAND HOLE................. WOOD POWER POLE................. ANCHOR................. EXISTING ELEVATION...................WATER METER .................... TREE LOCATION/TREE NO.33.5WMLEGEND:AC.........................AIR CONDITIONERSASPH. ................. ASPHALTB.M. ......................BENCH MARKBFP....................... BACK FLOW PREVENTERB.C.R. .................. BROWARD COUNTY RECORDSCB .........................CATCH BASINCLF .......................CHAIN LINK FENCECLP .......................CONCRETE LIGHT POLECONC .................. CONCRETECMON....................CONCRETE MONUMENTC/O.........................CLEANOUTCPP .......................CONCRETE POWER POLECUP .......................CONCRETE UTILITY POLED.B. ........................DIRECTIONAL BORED.E. ........................DRAINAGE EASEMENTEL. ..........................ELEVATIONELEC ..................... ELECTRICEOW........................EDGE OF WATERFH .......................... FIRE HYDRANTFND. ........................FOUNDFDC.........................FIRE DEPARTMENT CONNECTIONSFPL .........................FLORIDA POWER & LIGHTHH ......................... HANDHOLEIRC ...................... IRON ROD WITH CAPILL ..........................ILLEGIBLEI.P. ..........................IRON PIPEI.R.C. ......................IRON ROD & CAPMH..........................MANHOLEN.V.A.L. ................. NON-VEHICULAROHW ...................... OVERHEAD WIREO.R.B. .....................OFFICIAL RECORD BOOKP.B. .........................PLAT BOOKPG. ..........................PAGEPRM ........................PERMANENT REFERENCE MONUMENTR/W .........................RIGHT-OF-WAYSB ........................... SOUTHERN BELLSGN ....................... SIGNSMH ....................... SANITARY MANHOLETOB ....................... TOP OF BANKU.E. .........................UTILITY EASEMENTWGV ...................... WATER GATE VALVEWLP ........................WOOD LIGHT POLEWPP ........................WOOD POWER POLESTRUCTURE INFO:SANITARY MANHOLE "A"RIM EL.= 12.10(N) INV. = 3.64, 8" PVC(E) INV. = 5.21, 6" PVCSANITARY MANHOLE "B"RIM EL.= 12.09(N) INV. = 2.25, 8" PVC(S) INV. = 2.30, 8" PVCSANITARY MANHOLE "C"RIM EL.= 11.40(S) INV. = 0.49(E) INV. = (-)1.43(W) INV. = (-)1.62CATCH BASIN "D"RIM EL.= 11.25(N) INV. = 5.46, 36" RCP(E) INV. = 5.51, 24" RCPBOTTOM = 5.17STRUCTURE INFO:CATCH BASIN "E"RIM EL. = 11.83(N) INV. = 8.28, 15" UNKNOWNBOTTOM = 8.15*FILLED WITH WATERCATCH BASIN "F"RIM EL.= 11.28(S) INV. = 8.25, 15" UNKNOWNBOTTOM = 8.13*FILLED WITH WATER/VEGETATIONCATCH BASIN "G"RIM EL. = 10.51(S) INV. = 4.92, 36" RCPBOTTOM = 3.30CATCH BASIN "H"RIM EL. = 12.65NO INVERTS - PUMP ONLYBOTTOM = 8.12LOCATE TREES SPECIFIED BY CLIENT 11/14/2024 RM 124/18NOTE: NO TREE NO. 16 AND 17TREE TABLESIZE/TYPETREENO.HEIGHT(FT.)10213" Earleaf Acacia251034.5" Earleaf Acacia201044.5" Live Oak1710510.5"Earleaf Acacia121064" Earleaf Acacia231074" Earleaf Acacia121084" Earleaf Acacia2210912" Sabal Palm 511012" Sabal Palm 51119.5" Earleaf Acacia2011210" Live Oak271138" Earleaf Acacia2511412" Earleaf Acacia2411514" Slash Pine331167" Earleaf Acacia2711715" Slash Pine331189" Earleaf Acacia1611910" Earleaf Acacia251209.5" Earleaf Acacia1712114" Sabal Palm101224.5" Earleaf Acacia121236x5"-7"Coco Plum20124 4x3"-5" Brazilian Pepper151255" Brazilian Pepper1012618" Slash Pine3312716" Slash Pine241286" Brazilian Pepper101294x3"- 6" Coco Plum181304" Earleaf Acacia2013111" Slash Pine1713215" Earleaf Acacia2013315" Sabal Palm1513419" Slash Pine311358" Slash Pine2213611" Earleaf Acacia301374" Live Oak101388" Carrotwood181394" Live Oak 81408" Austr. Umbrella2214119" Sabal Palm1514217" Sabal Palm1014315" Sabal Palm141445" Earleaf Acacia1714511.5" Earleaf Acacia301465" Live Oak171475.5" Live Oak171486" Live Oak201494.5" Live Oak171505" Coco Plum141514.5" Live Oak131525" Live Oak161534" Live Oak2015411" Live Oak181555" Live Oak121564" Austr. Umbrella101575x1"-3" Coco Plum1515811" Brazilian Pepper 8LOCATE ADDL. TREES SPECIFIED BY CLIENT 03/26/2025 RM 124/70 919 LOT 48-AQUANTUM PARK AT BOYNTON BEACHP.I.D. PLAT NO. 10PLAT BOOK 60, PAGE 34N 01º 09" 05" E 390.28'03º 32' 54" R=2944.18' L=182.33'S 01º 09" 05" W 363.95'S 01º 09" 05" W 190.01'PORTION OF LOT 47-DDRAINAGE EASEMENTBETA DRIVETRACT B50' ROWFND IP 1/2"0.12' S, 0.13' WDROP CURBPARK RIDGE BOULEVARD100' ROWLOT 48-C135678914151844475455575859606162636465697682798587899410097102103104105106107108109110111112113114115010'20'40'NORTHxxTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2017 FLORIDABUILDING CODE, 6TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010FEEDING SOUTHFLORIDAPROJECTREVISIONScaleDateProject NumberPROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.CONCEPTUALPHASE4925 PARK RIDGE BLVD.BOYNTON BEACH, FL 334261.24001PROJECTLAYOUTDRAWNREVIEWEDDESIGN DEVELOPMENT DRAWING SET. NOT FOR CONSTRUCTION TREEDISPOSITION PLANL 1.01DISPOSITION LISTLEGENDTREE DISPOSITION NOTES1. TREE DISPOSITION PLAN IS BASED ON ALL AVAILABLE INFORMATION. CONTRACTOR TO REPORTALL DISCREPANCIES TO LANDSCAPE ARCHITECT FOR REVIEW PRIOR TOCONSTRUCTION/DEMOLITION.2. ALL PITS TO BE FILLED THE SAME DAY OF REMOVAL OF TREES AND/OR PALMS. RESTORESURFACE WITH SOD OR MULCH TO MATCH EXISTING CONDITIONS.3. CONTRACTOR SHALL VERIFY ALL EXISTING ABOVE AND UNDERGROUND UTILITIES 48 HOURSPRIOR TO ANY ON-SITE EXCAVATION.4. ALL EXISTING VEGETATION TO REMAIN TO BE PROTECTED PER INDUSTRY STANDARDS. SEETREE PROTECTION DETAIL.5. CONTRACTOR TO RESTORE ALL GROUNDCOVER OUTSIDE OF CONSTRUCTION ZONE IF ANY ISDAMAGED DURING CONSTRUCTION.6. TREE SURVEY DATED 11/14/2024, UPDATED ON 03/27/2025 TO INCLUDE CANAL EASEMENTPARCEL, PROVIDED BY:DJS SURVEYORS, INC.20283 STATE ROAD 7, BOCA RATON, FL 33498PHONE: 561 883 04707. ARBORIST REPORT DATED 08/28/2024, UPDATED ON 04/24/2025 TO INCLUDE CANAL EASEMENTPARCEL, PROVIDED BY: JEREMY T. CHANCEY, RCA1323 SE 17TH STREET, #201, FORT LAUDERDALE, FL 33316PHONE: 954 612 2500811920 XX X X X X X X X XXXXXXXXWPPWPP WPPWPPOAK 15"OAK 8"WMSGNSGNSGNSGNCLPCLPCLPCLPWGVSGNFHCLPSGNCLPCLPCLPWGVCLPWPPIRRI PUMPGAS METERC/OMH GREASEGREASE MHMH GREASEGREASE MHC/OC/OC/OC/O6" DIPFDCFHXX X X X X X X X XXXXXXXXWPPWPP WPPWPPOAK 15"OAK 8"WMSGNSGNSGNSGNCLPCLPCLPCLPWGVSGNFHCLPSGNCLPCLPCLPWGVCLPWPPIRRI PUMPGAS METERC/OMH GREASEGREASE MHMH GREASEGREASE MHC/OC/OC/OC/O6" DIPFDCFHXX X X X X X X X XXXXXXXXWPPWPP WPPWPPOAK 15"OAK 8"WMSGNSGNSGNSGNCLPCLPCLPCLPWGVSGNFHCLPSGNCLPCLPCLPWGVCLPWPPIRRI PUMPGAS METERC/OMH GREASEGREASE MHMH GREASEGREASE MHC/OC/OC/OC/O6" DIPFDCFH135678914151844475455575859606162636465697682798587899410097B E T A D R I V E P A R K R I D G E B O U L E V A R DPROPERTY LINEPROPERTY LINEE D G E O F W A T E RNORTH LINE - SOUTHFLORIDA WATERMANAGEMENT DISTRICTC-16 CANALPER O.R.B. 1064, PG. 45± 37.33'TO EOW 15.00'UTILITYEASEMENT(FPL)± 39.12'TO EOW 5'FOUNDATIONPLANTINGOVERHEAD WIRE119'-7"5'FOUNDATIONPLANTING5'FOUNDATIONPLANTING12'FOUNDATIONPLANTING10.5'FOUNDATIONPLANTING12.5'FOUNDATIONPLANTING± 8,100 SF SITE OPEN SPACE ANDLANDSCAPE BUFFERALL EXISTING LANDSCAPE TO REMAINPORTION OF LOT 47-DDRAINAGE EASEMENTT O P O F B A N KA P P R O X I M A T E F L O O D Z O N E L I N ELOT LINE(TYPICAL)30' OHW MEDIUM TREE SETBACK50' OHW LARGE TREE SETBACK5'PERIMETERBUFFER(INTERIOR &REAR)5' PERIMETERBUFFER(INTERIOR &REAR)AVE R A G E 7 ' WID ELAN D S C A P E STR I P 15' WIDE LANDSCAPE STRIP15'-0"15'-0"15'-0"xx010'30'50'NORTHR7'-6"R1 5 ' -0 "TO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2017 FLORIDABUILDING CODE, 6TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010FEEDING SOUTHFLORIDAPROJECTREVISIONScaleDateProject NumberPROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.CONCEPTUALPHASE4925 PARK RIDGE BLVD.BOYNTON BEACH, FL 334261.24001PROJECTLAYOUTDRAWNREVIEWEDDESIGN DEVELOPMENT DRAWING SET. NOT FOR CONSTRUCTION LANDSCAPEPLANL 2.01PLANT LISTLEGEND811LANDSCAPE MATERIAL SHALL MAINTAINUNOBSTRUCTED CROSS-VISIBILITY AT ALEVEL BETWEEN THIRTY (30) INCHES ANDEIGHT (8) FEET ABOVE THE PAVEMENTALL NEWLY-PLANTED LANDSCAPE AREAS,INCLUDING ALL LANDSCAPED AREASWITHIN PARKING LOTS SHALL BEIRRIGATED BY A FULLY AUTOMATICSYSTEM TO PROVIDE 100% COVERAGE.WITH AT LEAST 50% OVERLAP.921 XXX X X X X X X X X X X X XX6' CHAIN LINKFENCEXXXXXXXXXXXXXX X XXLOT 47-A(REMAINDER NOT INCLUDED)LOT 47-B(REMAINDER NOT INCLUDED)LOT 48-ALOT 48-CLOT 48-DLOT 46-ALOT 46-BLOT 46-C6' CHAIN LINKFENCE TO BEDEMOLISHED6' CHAINLINKFENCE4' PLASTICFENCE9' PLASTICFENCEASPHALTPARKINGCONC WALKASPHALTPARKING24' ASPHALT ROADCONCRETEDRIVEWAYTO BEDEMOLISHEDGENERATORTO BE RELOCATED& GENERATOR PADTO BE DEMOLISHEDWPPWPPWPPWPPOAK 15"OAK 8"WMCLPSGNSGNSGNSGNCLPCLPCLPCLPWGVSGNFHCLPSGNCLPCLPSGNFHWGVCLPCLPPROP. TANKTO BERELOCATEDCONC. WALLTO BEDEMOLISHEDCBCONCCONCACPADMH GREASE4' PLASTICFENCEACPADCBACPADCONCMAILBOXHHELEC TOREMAINHHELECHHELECFPLPADTOREMAINELECMETER TOREMAIN6' BFP1' BFP6"BOLLARDTO BEDEMOLISHEDVALLEYGUTTERVALLEYGUTTERLOT 47- CLOT 47- BLOT 47- BLOT 47- ALOT 47- DLOT 47- CLOT 47-C(REMAINDER NOT INCLUDED)N 01º 09" 05" E 390.28'S 88º 50" 54" W 262.00'L=150.76'Δ143º 58' 05"R=60.00'L=23.55'Δ53º 58'05"R=25.00'WGVCLPS 45º 23" 04" E36.29'LCRECESSEDENTRYFND. IRCLB 44310.1' EFND 4"X4" CONC.MONUMENTILLEGIBLEFND. IRCILLEGIBLE0.1' SFND CMON 4X4STAMPED "LB3618"TELERISERWPPIRRI PUMPGAS METER6" DIPFDC6" FDC2" PVC VENTPIPELOT 47-D(REMAINDER NOT INCLUDED)PORTION OF LOT 47-DDRAINAGE EASEMENT11.4811 . 0 9 12.413.0113 . 1 313.0913.0212 . 9 4 AC PADAC PADAC PADX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXX X X X XXXXTOBWPPWPPWPPSMHCATCH BASINRIM EL.=11.25CATCH BASINRIM EL.=11.83HVAC PADCONC WITHDRAINPLAT LIMITSPLAT LIMITSPLAT LIMITSDRAINAGE EASEMENTPER P.B. 60, PG. 34, P.B.C.R.15.00' UTILITY EASEMENT(FPL & SB) OVERHEAD(P.B. 60, PG. 34, P.B.C.R.)S 05°28'07" E(RADIAL)6' CHAIN LINKFENCE COR. ONPROPERTY LINE6' CHAINLINK FENCECONC. WALL6' CLF END0.4' WESTTYPE "D"CURBCB6' CHAIN LINKFENCETYPE "D"CURBTYPE "D"CURBTYPE "D"CURBTYPE "D"CURB15.00' UTILITY EASEMENT(FPL & SB) OVERHEAD(P.B. 60, PG. 34, P.B.C.R.)APPROXIMATEFLOOD ZONE LINECONCRETESLAB TO BEDEMOLISHEDRAISEDCURB TOBE DEMORAISEDCURBTO BEDEMO1 STORY C.B.SEXIST. BUILDINGPORTION OF THE LOT 47-C46.235.15 SQ. FT.(P.B.60, PG.34, P.B.C.R.)THISBUILDINGDEMOLITION SITE PLANSCALE: 1" = 40'-0"NAD1.00LOCATION MAPSCALE: N.T.S.NTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDDESIGN DEVELOPMENT DRAWING SET. NOT FOR CONSTRUCTION FEEDING SOUTH FLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALBOYNTON BEACH CANALBETA DRIVE ALPHA DRIVE PARK BRIDGE BOULEVARDDEMOLITIONSITE PLANCONTACT THE PUBLIC WORKS DEPARTMENT (561-742-6200) REGARDING THEREMOVAL OF REFUSE DURING THE CONSTRUCTION PHASE PER CODE,SECTION 10-26 (a)CONTACT THE PUBLIC WORKS DEPARTMENT (561-742-6200) REGARDINGSOLID WASTE SERVICE FEE SCHEDULE, PRE-ORDERING SOLID WASTERECEPTACLE, AND THE REMOVAL OF REFUSE DURING THE CONSTRUCTIONPHASE PER THE CODE, SECTION 10-26(A). ROLL-OFF REQUEST CAN BE MADEONLINE AT WWW.BOYNTON-BEACH.ORG/323/GARBAGE-RECYCLING.GENERAL NOTES:922 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A1.03 SITE DETAILS SCALE : EV CHARGING STATION DETAIL01 A1.03 1/8"=1'-0"SCALE : ENCLOSED RECYCLING & DUMPSTER DETAIL03 A1.03 1/4"=1'-0" SCALE : ENCLOSED RECYCLING & DUMPSTER DETAIL02 A1.03 1/8"=1'-0" GATES SHALL HAVE DROP PINS TO DROP INTO HOLES IN SLAB (CLOSED) AND INTO SLEEVES IN THE PAVEMENT (OPEN). NOTE: RECYCLING & DUMPSTER LOCATED OUTSIDE OF THE BUILDING SHALL MAINTAIN A MINIMUM VERTICAL CLEARANCE OF 15 FEET ABOVE. NOTE: 923 001 RECEP. 002 OFFICE 005 STAIRS 004 CORR. 008 DRY STORAGE 007 REST. ROOM 010 BREAKROOM 011 J. CLOSET 009 VOLUNTEER AREA 006 HALLWAY 014 DRY STR. 013 FREZEER STORAGE 014 COLD STORAGE 015 LOADING DOCK 006 REST. ROOM 012 ELECT./FIRE ROOM 003 MEETING ROOM 018 016 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A2.01 FIRST FLOOR PLAN SCALE: 1/16" = 1'-0" N LOFT FLOOR PLAN SCALE: 1/16" = 1'-0" N 1ST FLOOR PLAN/ LOFT FLOOR PLAN 924 1 A2.11 1 A2.11 GENERAL NOTES : A/C UNITS TO BE INSTALLED AT THE CENTER OF THE ROOF, FULLY SCREENED BY PARAPETS WALLS, ENSURING THEY ARE NOT VISIBLE FROM THE STREET LEVEL. A2.11 ROOF FLOOR PLAN SCALE: 1/16" = 1'-0" N DRAINAGE ROOF PLAN TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL SCALE : SECTION 101 A2.11 1/8"=1'-0" 925 1 2 3 4 3 3 3 4 1 2 3 3 4 3 3 2 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A3.00 GENERAL BUILDING COLORED ELEVATIONS SCALE : EAST ELEVATION01 A3.00 1/8" = 1'-0" SCALE : NORTH ELEVATION02 A3.00 1/8" = 1'-0" 1 COLOR NO. 1 MOORSTONE (SW 9630) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 2 COLOR NO 2. DRIFT OF MIST (SW 9166) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 3 COLOR NO 3. NIGHT OUT (SW 9560) SHERWIN WILLIAMS (TO MATCH) ALUMINUM FRAMES & GUARDRAILS 4 COLOR NO 4. ROSE TAN (SW 0069) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 926 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A3.00C GENERAL BUILDING COLORED ELEVATIONS SCALE : EAST ELEVATION01 A3.00 1/8" = 1'-0" SCALE : NORTH ELEVATION02 A3.00 1/8" = 1'-0" 1 COLOR NO. 1 MOORSTONE (SW 9630) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 2 COLOR NO 2. DRIFT OF MIST (SW 9166) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 3 COLOR NO 3. NIGHT OUT (SW 9560) SHERWIN WILLIAMS (TO MATCH) ALUMINUM FRAMES & GUARDRAILS 4 COLOR NO 4. ROSE TAN (SW 0069) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 927 1 2 3 2 2 3 2 1 2 3 2 3 2 3 2 1 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A3.01 GENERAL BUILDING COLORED ELEVATIONS SCALE : SOUTH ELEVATION01 A3.01 1/8" = 1'-0" SCALE : WEST ELEVATION02 A3.01 1/8" = 1'-0" 1 COLOR NO. 1 MOORSTONE (SW 9630) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 2 COLOR NO 2. DRIFT OF MIST (SW 9166) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 3 COLOR NO 3. NIGHT OUT (SW 9560) SHERWIN WILLIAMS (TO MATCH) ALUMINUM FRAMES & GUARDRAILS 4 COLOR NO 4. ROSE TAN (SW 0069) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 928 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A3.01C GENERAL BUILDING COLORED ELEVATIONS SCALE : SOUTH ELEVATION01 A3.01 1/8" = 1'-0" SCALE : WEST ELEVATION02 A3.01 1/8" = 1'-0" 1 COLOR NO. 1 MOORSTONE (SW 9630) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 2 COLOR NO 2. DRIFT OF MIST (SW 9166) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 3 COLOR NO 3. NIGHT OUT (SW 9560) SHERWIN WILLIAMS (TO MATCH) ALUMINUM FRAMES & GUARDRAILS 4 COLOR NO 4. ROSE TAN (SW 0069) SHERWIN WILLIAMS EXTERIOR SATIN TEXTURED COATING 929 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A3.02 SOUTH & EAST EXISTING BUILDING ELEVATIONS SCALE : SOUTH ELEVATION EXISTING BUILDING01 A3.02 1/8" = 1'-0" SCALE : EAST ELEVATION EXISTING BUILDING02 A3.02 1/8" = 1'-0" 930 TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL A3.03 SOUTH & EAST EXISTING PROPOSED BUILDING ELEVATIONS SCALE : SOUTH PROPOSED ELEVATION AT THE EXISTING BUILDING01 A3.03 1/8" = 1'-0" SCALE : EAST PROPOSED ELEVATION AT EXISTING BUILDING02 A3.03 1/8" = 1'-0" 931 C2.2FIRE RESCUE VEHICLE ACCESS PLANC0.0COVER SHEETCIVIL ENGINEERING PLANSFEEDING SOUTH FLORIDAFORLOCATION MAPN.T.S.INDEX OF SHEETS4925 PARK RIDGE BLVD, BOYNTON BEACH , FL 33426SEC. 20 - TWP. 45 S - RGE. 43 EC0.0COVER SHEETDESCRIPTIONSHEET No.C1.1C2.1SITE DEMOLITION & EROSION CONTROL PLANC3.1PAVING, GRADING & DRAINAGE PLANC4.1 - C4.3SIGNING, STRIPING & GEOMETRIC PLANC5.1C6.1 - C6.3POTABLE WATER & SANITARY SEWER PLANPOTABLE WATER & SANITARY SEWER STANDARD DETAILSPAVING, GRADING & DRAINAGE DETAILSC0.1 - C0.2GENERAL NOTESTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSURVEY PREPARED BY:SITE PLAN PREPARED BY:ALEXIS KNIGHT ARCHITECTS, INC.100 NE 6TH STREET, SUITE 102BOYNTON BEACH, FL 33435DJS SURVEYORS, INC.20283 STATE ROAD 7, SUITE 200BOCA RATON, FLORIDA 33498SITENORTH I-95 BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.C2.3REFUSE VEHICLE ACCESS PLANC2.4DELIVERY VEHICLE ACCESS PLAN932 GENERAL NOTES:1.COORDINATION OF DRAWINGS AND DISCIPLINES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REVIEW ALL DRAWINGS ANDSPECIFICATIONS FOR COMPLETENESS AND ACCURACY. FURTHER CONTRACTOR IS COORDINATE ALL TRADES ANDDISCIPLINES PROPERLY. ANY DISCREPANCIES IN PLANS OR SPECIFICATIONS ARE TO BE BROUGHT TO THE ATTENTION OF THEENGINEER IN WRITING.2.BUILDINGS. CONTRACTOR IS ADVISED THAT THE BUILDINGS AND ASSOCIATED SYSTEMS MAY STILL UNDER DESIGN ANDREVIEW. AS SUCH, THERE MAY BE MODIFICATIONS TO SERVICE LINES (MATERIALS, SIZES, LOCATIONS, DEPTHS, ETC.) AS THEBUILDING DOCUMENTS ARE FINALIZED AND PERMITTED.3.SAFETY. IT SHALL BE THE CONTRACTOR'S SOLE RESPONSIBILITY TO TAKE THE NECESSARY PRECAUTIONS TO ENSUREPROPER SAFETY AND WORKMANSHIP WHEN WORKING IN THE VICINITY OF EXISTING UTILITY LINES. THE CONTRACTOR SHALLBE RESPONSIBLE TO COORDINATE WITH THE RESPECTIVE UTILITY PROVIDER ON ANY WORK IN THE VICINITY OF OVERHEADOR UNDERGROUND LINES. CONTRACTOR SHALL VERIFY PROPER CLEARANCE BELOW EXISTING OVERHEAD LINES PRIOR TOWORKING WITHIN THE VICINITY OF THE LINES.4.FAMILIARITY WITH SITE CONDITIONS. THE CONTRACTOR SHALL VISIT THE SITE AND ACQUAINT HIMSELF WITH ALL EXISTINGCONDITIONS. MAKE HIS OWN SUBSURFACE INVESTIGATION TO SATISFY HIMSELF AS TO THE SITE AND SUBSURFACECONDITIONS, BUT SUCH SUBSURFACE INVESTIGATIONS SHALL BE PERFORMED ONLY UNDER TIME SCHEDULES ANDARRANGEMENTS APPROVED IN ADVANCE BY THE OWNER'S REPRESENTATIVE AND ENGINEER. THE EXISTING GRADES SHOWNON THE DRAWINGS ARE APPROXIMATE ONLY AND NO REPRESENTATION IS MADE AS TO THEIR ACCURACY OR CONSISTENCY.THE CONTRACTOR SHALL VERIFY ALL EXISTING GRADES TO THE EXTENT NECESSARY TO INSURE COMPLETION OF THE JOBTO THE PROPOSED GRADES INDICATED ON THE DRAWINGS.5.WORKMANSHIP. ALL WORK SHALL BE PERFORMED IN A WORKMANSHIP-LIKE MANNER AND SHALL CONFORM WITH ALLAPPLICABLE CITY, COUNTY, STATE AND FEDERAL REGULATIONS AND/OR CODES, INCLUDING OSHA.6.ELEVATIONS. ALL ELEVATIONS REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD '88).7.SITE PLAN. REFER TO SITE PLAN PREPARED BY ALEXIS KNIGHT ARCHITECTS, INC. FOR ADDITIONAL INFORMATION.8.SURVEY. REFER TO SURVEY PREPARED BY DJS SURVEYORS, INC. FOR ADDITIONAL INFORMATION.9.BENCHMARK. REFER TO SURVEY BY DJS SURVEYORS, INC. FOR BENCHMARK LOCATIONS AND ELEVATIONS.10.FIELD LOCATIONS. THE CONTRACTOR SHALL CONTACT "SUNSHINE STATE ONE CALL OF FLORIDA, INC. (1-800-432-4770)" ATLEAST 48 HOURS PRIOR TO BEGINNING ANY EXCAVATION. THE CONTRACTOR SHALL GIVE ADEQUATE NOTIFICATION TO ALLAFFECTED UTILITY OWNERS FOR REMOVAL, RELOCATION AND ALTERATION OF THEIR EXISTING FACILITIES.11.PROTECTION OF UTILITIES. THE CONTRACTOR SHALL BE RESPONSIBLE AT ALL TIMES THROUGHOUT THE DURATION OFCONSTRUCTION FOR THE PROTECTION OF ALL EXISTING AND NEWLY INSTALLED ABOVE GROUND, UNDERGROUND, AND ONTHE SURFACE STRUCTURES AND UTILITIES FROM DAMAGE OR SERVICE DISRUPTION. THE CONTRACTOR SHALL BERESPONSIBLE FOR TAKING SUCH MEASURES AS NECESSARY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THOSEPERSONS HAVING ACCESS TO THE WORK SITE.12.EXISTING UTILITIES. EXISTING UTILITY LOCATIONS SHOWN ON THESE PLANS ARE APPROXIMATE. THE ENGINEER ASSUMES NORESPONSIBILITY FOR THE ACCURACY OF THE EXISTING UTILITIES SHOWN ON THE PLANS OR FOR ANY EXISTING UTILITIESTHAT ARE NOT SHOWN ON THE PLANS. PRIOR TO THE START OF ANY CONSTRUCTION ACTIVITY, IT SHALL BE THECONTRACTOR'S RESPONSIBILITY TO MAKE ARRANGEMENTS FOR FIELD LOCATIONS OF EXISTING UTILITIES. ANY RELOCATIONSOF THE VARIOUS EXISTING UTILITIES SHALL BE COORDINATED WITH THE RESPECTIVE UTILITY PROVIDER IN A TIMELY MANNERTO MINIMIZE IMPACT ON THE CONSTRUCTION SCHEDULE. ANY DELAY CAUSED DUE TO THE RELOCATION OF UTILITIES SHALLBE INCIDENTAL TO THE CONTRACT AND NO EXTRA COMPENSATION WILL BE ALLOWED. ALL COSTS ASSOCIATED WITHVERIFICATION, PROTECTION OF EXISTING SYSTEMS OR CONNECTION TO THOSE SYSTEMS AS IDENTIFIED ON THE PLANS ISINCLUDED IN THE CONTRACTOR'S BID.13.EXISTING UTILITIES. PRIOR TO BEGINNING CONSTRUCTION, THE CONTRACTOR SHALL VERIFY THE SIZE, LOCATION,ELEVATION, AND MATERIAL OF ALL EXISTING UTILITIES WITHIN THE AREA OF CONSTRUCTION. THE CONTRACTOR ISRESPONSIBLE FOR VERIFICATION OF ALL EXISTING UTILITIES AND SOILS CONDITIONS AND SHALL NOTIFY THE ENGINEER INTHE EVENT OF ANY DISCREPANCIES WITH THE PLANS.14.EXISTING UTILITIES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGE TO ANY EXISTING UTILITIES FOR WHICH ITFAILS TO REQUEST LOCATIONS FROM THE UTILITY OWNER. THE CONTRACTOR IS RESPONSIBLE AS WELL FOR DAMAGE TOANY EXISTING UTILITIES WHICH ARE PROPERLY LOCATED.15.EXISTING UTILITIES. IF UPON EXCAVATION, AN EXISTING UTILITY IS FOUND TO BE IN CONFLICT WITH THE PROPOSEDCONSTRUCTION OR TO BE OF A SIZE OR MATERIAL DIFFERENT FROM THAT SHOWN ON THE PLANS, THE CONTRACTOR SHALLIMMEDIATELY NOTIFY THE ENGINEER.16.FIELD REVIEWS. THE CONTRACTOR SHALL NOTIFY THE ENGINEER 48 HOURS PRIOR TO ANY REQUIRED FIELD REVIEWS ORINSPECTIONS AND SHALL SUPPLY ALL EQUIPMENT NECESSARY, LABOR AND MATERIALS FOR INSPECTION AND/OR TEST. ALLWORK SHALL BE OPEN AND SUBJECT TO REVIEW AND/OR INSPECTION BY AUTHORIZED PERSONNEL OF THE CITY, OWNER,INVOLVED UTILITY COMPANIES, PROJECT ENGINEER, AND REGULATORY AGENCIES. ALL RECOMMENDATIONS ANDREQUIREMENTS OF INSPECTION PERSONNEL OTHER THAN THE OWNER'S SHALL BE REPORTED TO THE ENGINEER PRIOR TOIMPLEMENTATION. COMPENSATION WILL NOT BE ALLOWED FOR WORK WHICH IS NOT AUTHORIZED BY OWNER.17.DIFFERING SITE CONDITIONS. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES FOUNDBETWEEN THE DRAWINGS AND THE FIELD CONDITIONS PRIOR TO CONSTRUCTION IN THE AREA OF CONFLICT. ANY DIFFERINGSITE CONDITIONS FROM THAT WHICH ARE REPRESENTED ON THE PLANS, WHETHER ABOVE, ON OR BELOW THE SURFACE OFTHE GROUND, ARE TO BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE ENGINEER AND THE OWNER IN WRITING.18.REQUIRED PERMITS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR(S) TO ENSURE THAT ALL REQUIRED PERMITS AREOBTAINED AND AT THE JOB SITE PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. CONTRACTOR SHALL ABIDE BY ALLPERMIT CONDITIONS.19.DEWATERING. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ANY DEWATERING PERMITSAND/OR APPROVALS NECESSARY FOR THE CONSTRUCTION OF THE PROPOSED FACILITIES AND SYSTEMS.20.PERMITS. THE CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS AND/OR LICENSES TO COMMENCE CONSTRUCTION.21.USE OF EXISTING MATERIALS. NO EXISTING MATERIAL SHALL BE USED IN NEW CONSTRUCTION UNLESS APPROVED DURINGTHE SHOP DRAWING APPROVAL PROCESS.22.EXISTING LANDSCAPE. CONTRACTOR SHALL BE EXTREMELY CAUTIOUS WHEN WORKING NEAR TREES WHICH ARE TO BESAVED, WHETHER SHOWN ON THE PLAN OR DESIGNATED IN THE FIELD.23.SHOP DRAWINGS. THE CONTRACTOR SHALL PROVIDE SHOP DRAWINGS, PRODUCT DATA, MATERIAL SPECIFICATIONS ANDOTHER INFORMATION REGARDING CONSTRUCTION MATERIALS AND STRUCTURES AS REQUESTED BY THE OWNER, ENGINEEROR JURISDICTIONAL AGENCY. SHOP DRAWINGS MUST BE NEWLY PREPARED INFORMATION, DRAWN TO ACCURATE SCALE. DONOT REPRODUCE CONTRACT DOCUMENTS OR COPY STANDARD INFORMATION AS THE BASIS OF SHOP DRAWINGS. STANDARDINFORMATION PREPARED WITHOUT SPECIFIC REFERENCE TO THE PROJECT WILL NOT BE CONSIDERED A SHOP DRAWING.A.BY SUBMITTAL OF ANY SHOP DRAWING OR CATALOG DATA, BEARING AN APPROVAL STAMP, THE CONTRACTORREPRESENTS THAT IT HAS DETERMINED AND VERIFIED ALL FIELD MEASUREMENTS, FIELD CONSTRUCTION CRITERIA,MATERIALS, DIMENSIONS, CATALOG NUMBERS AND SIMILAR DATA, OR WILL DO SO, AND THAT IT HAS CHECKED ANDCOORDINATED EACH ITEM WITH OTHER APPLICABLE APPROVED SHOP DRAWINGS AND THE CONTRACT REQUIREMENTS.B.SHOP DRAWINGS AND CATALOG DATA SUBMITTED WITHOUT THE CONTRACTOR'S STAMP OF APPROVAL WILL BERETURNED TO THE CONTRACTOR WITHOUT REVIEW. APPROVAL OF SHOP DRAWINGS, SAMPLES, OR CATALOG DATA BYTHE ENGINEER SHALL NOT AUTHORIZE ANY DEVIATION FROM THE REQUIREMENT OF THE CONTRACT DOCUMENTS.C.ANY PROPOSED SUBSTITUTE OR EQUAL TO THE THAT SHOWN ON THE CONTRACT DOCUMENTS SHALL BE ACCOMPANIEDBY CALCULATIONS SUBSTANTIATING EQUIVALENCY. SHOP DRAWINGS WITH SUBSTITUTE MATERIALS NOT ACCOMPANIEDBY CALCULATIONS WILL BE RETURNED WITHOUT REVIEW.D.THE CONTRACTOR SHALL CONFIRM COMPATIBILITY OF PIPE SLOPES AND INVERTS DURING SHOP DRAWING ANDMATERIALS ORDERING PHASE OF THE PROJECT AND ADVISE THE ENGINEER IN WRITING OF ANY DISCREPANCIES.E.INDIVIDUAL SHOP DRAWINGS FOR ALL STRUCTURES ARE REQUIRED. CATALOG LITERATURE WILL NOT BE ACCEPTED FORPRECAST STRUCTURES. 25. TESTING. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED TESTS TO BE PERFORMED BY A TESTING LABORATORY.GENERAL NOTES CONTINUED: 26. RECORD DRAWINGS. RECORD DRAWINGS SHALL BE SUBMITTED IN SUFFICIENT QUANTITIES AS REQUIRED BY THE OWNER, ENGINEER AND JURISDICTIONAL AGENCIES TO COMPLETE THE CLOSE-OUT OF THE PROJECT.A.THE CONTRACTOR SHALL PROVIDE THE ENGINEER OF RECORD WITH ADEQUATE RECORD DRAWING INFORMATION, WHICHHAS BEEN PREPARED BY A LAND SURVEYOR REGISTERED IN THE STATE OF FLORIDA. THE SURVEYOR SHALL SIGN ANDSEAL THE RECORD DRAWINGS. THE FOLLOWING SHALL BE THE MINIMUM REQUIREMENTS FOR RECORD DRAWINGINFORMATION:B.THE WORDS “RECORD DRAWINGS” SHALL BE WRITTEN IN BOLD LETTERS IN A CONSPICUOUS PLACE. NO RUBBER STAMPSHALL BE ACCEPTED.C.ANY SIGNIFICANT CHANGES IN ALIGNMENT, PIPE CONFLICTS, LOCATION OF STORM MANHOLES, CATCH BASINS, ETC. SHALLBE SHOWN TO SCALE ON RECORD DRAWINGS. THE “PROPOSED” ALIGNMENT, ETC. SHALL BE CROSSED OUT.D.THE DRAWINGS SHALL BE LEGIBLE AND THE AS-BUILT DIMENSIONS EASY TO IDENTIFY.E.DATA FOR ALL STRUCTURES (RIM, INVERTS), PIPE SLOPES, AND PIPE LENGTHS AS CONSTRUCTED SHALL BE SHOWN ONTHE PLAN SHEET NEXT TO “PROPOSED” DIMENSIONS. THE “PROPOSED” NUMBERS SHALL BE CROSSED OUT. IF THEASBUILT CONDITION IS THE SAME AS THE PROPOSED INFORMATION, THEN THE PROPOSED INFORMATION WILL BECROSSED OUT AND THE ASBUILT DATA WRITTEN.F.RECORD DRAWING INFORMATION SHALL BE PROVIDED FOR ALL STRUCTURES, INCLUDING ALL PIPE INVERTS AND PIPESIZES, AND GRATE ELEVATION. ELEVATIONS AND DIMENSIONS SHALL BE PROVIDED ON THE WEIR, THE BLEEDER ORIFICEAND THE POLLUTION CONTROL BAFFLE (IF APPLICABLE). THE BOTTOM ELEVATION OF STRUCTURE AND ELEVATIONS ANDDIMENSIONS OF ANY SLOTS OR ORIFICES IN THE INLET WALLS SHALL BE PROVIDED.G.PERIMETER BERM ELEVATIONS ADJACENT TO THE PROPERTY LINES SHALL BE PROVIDED EVER 200 LINEAR FEET MINIMUM.H.CROSS SECTIONS OF DRY DETENTION AREAS SHALL BE TAKEN EVERY 200 LINEAR FEET MINIMUM. CROSS SECTIONSSHALL DEPICT THE PROPOSED AND ASBUILT DATA INCLUDING ALL GRADE BREAKS. 27. FINAL UTILITY ADJUSTMENTS. ALL UTILITIES SHALL BE ADJUSTED TO NEW FINISH GRADES AND PROPERLY SET TOCROSS SLOPE AS REQUIRED. 28. MAINTENANCE OF TRAFFIC. CONTRACTOR SHALL BE RESPONSIBLE FOR FURNISHING A PROPER TRAFFIC MAINTENANCE AND CONTROL PLAN IN ACCORDANCE WITH REGULATORY STANDARDS. INCLUDED WILL BE THE LABOR, EQUIPMENT AND MATERIALSREQUIRED TO IMPLEMENT THAT PLAN. ALL WORK MUST BE DONE IN ACCORDANCE WITH AGENCY REQUIREMENTS AND ANY REQUIRED PERMITS OR APPROVALS MUST BE APPLIED FOR AND OBTAINED BY THE CONTRACTOR.UTILITY EASEMENTABBREVIATIONS:U.E.BUFFER EASEMENTB.E.RIGHT-OF-WAYR/WWATERWTRSANITARYSANBELOW BASE FLOOD FLOOR ELEVATIONBFEFIRE HYDRANTFHSTORMSTMPOLYVINYL CHLORIDEPVCSIZE DIAMETER RATIOSDRMANHOLEMHCLEANOUTCOPROPERTY LINEP/LCORRUGATED ALUMINUM PIPECAPGATE VALVEGVCONTROL WATER ELEVATIONC.W.E.EXISTINGEXIST. / EXSTORM MANHOLESMHUNKNOWNUNKBUTTERFLY VALVEBFVWATERMAINWMSERVICESVCTYPICALTYPMINIMUMMIN.PROPOSEDPROP.RAINWATER LEADERRWLCONCRETECONC.DOUBLE CHECK DETECTOR ASSEMBLYDCDAVERIFY IN FIELDVIFFINISHED FLOOR ELEVATIONFFEREDUCED PRESSURE ZONERPZTOP OF BANKT.O.B.SITE DEMOLITION AND EROSION CONTROL NOTES:1.SITE ACCESS. SUITABLE STABILIZED ROADS ARE TO BE PROVIDED DURING CONSTRUCTION FOR FIRE AND PARAMEDICALACCESS.2.SITE. CONTRACTOR ACCEPTS THE SITE AS IS. ANY REPAIRS TO EXISTING SITE ELEMENTS INCLUDING PAVEMENT, SIDEWALKS,CURBING, DRAINAGE, SANITARY SEWER, WATER, SIGNAGE & STRIPING SHALL BE INCLUDED IN THE BID PRICE.3.EROSION CONTROL. THE CONTRACTOR SHALL INSTALL AND MAINTAIN EROSION AND TURBIDITY BARRIERS PRIOR TO ANDDURING CONSTRUCTION TO PREVENT VIOLATION OF STATE WATER QUALITY STANDARDS FOR OFFSITE DISCHARGES THESEBARRIERS SHALL REMAIN IN PLACE UNTIL CONSTRUCTION IS COMPLETED, SOILS ARE STABILIZED, AND VEGETATION HAS BEENESTABLISHED. REFERENCE FDOT ROADWAY AND TRAFFIC DESIGN STANDARDS INDICES 102, 103 AND 106 FOR TYPICALINSTALLATION DETAILS.4.FILTER FABRIC. FILTER FABRIC SHALL BE INSTALLED ON ALL CATCH BASIN GRATES AND MAINTAINED UNTIL CONSTRUCTION ISCOMPLETE.5.ADJACENT IMPACTS. CONTRACTOR SHALL PROTECT ADJACENT WATER BODIES, WETLANDS AND PROPERTIES FROM DAMAGEBY SEDIMENTATION OR OTHER POTENTIAL CONSTRUCTION RELATED CAUSES.6.SILT FENCES. SILT FENCES SHALL BE INSTALLED AND MAINTAINED AROUND ALL CLEARING PERIMETERS.7.SITE CLEARING. CLEAR AREAS INDICATED SHALL BE COMPLETELY CLEAR OF ALL TIMBER, BRUSH, STUMPS, ROOTS, GRASS,WEEDS, RUBBISH AND ALL OTHER DEBRIS AND OBSTRUCTIONS RESTING ON OR PROTRUDING THROUGH THE SURFACE OF THEGROUND. THIS DEBRIS SHALL BE DISPOSED OF IN A LEGAL MANNER. BURNING OF THIS MATERIAL IS NOT PERMITTED UNLESSTHE CONTRACTOR OBTAINS SPECIFIC PERMITS ALLOWING SUCH ACTIVITY.GEOMETRIC, SIGNING, AND STRIPING NOTES:1.DIMENSIONS. ALL DIMENSIONS TO EDGE OF PAVEMENT OR FACE OF CURB UNLESS OTHERWISE NOTED.2.REFERENCES. WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (LATEST EDITION), FDOT TRAFFIC DESIGN STANDARDS(LATEST EDITION), MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) (LATEST EDITION) AND THE PALM BEACHCOUNTY TYPICALS FOR PAVEMENT MARKINGS, SIGNING & GEOMETRICS (LATEST EDDITION). ALL REFERENCES AREINCORPORATED INTO THE PLAN DOCUMENTS. CONTRACTOR IS RESPONSIBLE FOR OBTAINING COMPLETE COPIES OF THELATEST EDITION OF THE REFERENCES.3.PARKING LOT STRIPING. ALL PARKING STALL STRIPING, EXCEPT STOP BARS AND TRAFFIC ARROWS (WHICH SHALL BETHERMOPLASTIC), SHALL BE TRAFFIC PAINT AND CONFORM TO THE RESPECTIVE JURISDICTIONAL AUTHORITY REQUIREMENTS.4.ROADWAY STRIPING. ALL ROADWAY STRIPING SHALL BE THERMOPLASTIC IN ACCORDANCE WITH THE RESPECTIVEJURISDICTIONAL AUTHORITY REQUIREMENTS.5.BUILDING TIES AND DIMENSIONS. BUILDING TIES SHOWN ARE APPROXIMATE. CONTRACTOR TO VERIFY WITH ARCHITECTURALPLANS. BUILDINGS SHOWN ON THESE DRAWINGS MAY NOT REFLECT MINOR ARCHITECTURAL REVISIONS AND SHOULD NOT BERELIED UPON FOR STAKING OF BUILDINGS. CONTRACTOR SHOULD OBTAIN LATEST ARCHITECTURAL INFORMATION ANDESTABLISH GEOMETRIC DATA FOR STAKING. SHOULD THE CONTRACTOR IDENTIFY A CONFLICT BETWEEN THE ARCHITECTURALINFORMATION AND THESE DRAWINGS, NOTIFY THE ENGINEER IN WRITING.6.MAINTENANCE OF TRAFFIC. CONTRACTOR SHALL BE RESPONSIBLE FOR FURNISHING A PROPER TRAFFIC MAINTENANCE ANDCONTROL PLAN IN ACCORDANCE WITH REGULATORY STANDARDS. INCLUDED WILL BE THE LABOR, EQUIPMENT AND MATERIALSREQUIRED TO IMPLEMENT THAT PLAN. ALL WORK MUST BE DONE IN ACCORDANCE WITH AGENCY REQUIREMENTS AND ANYREQUIRED PERMITS OR APPROVALS MUST BE APPLIED FOR AND OBTAINED BY THE CONTRACTOR.ON CENTERO.C.C0.1GENERAL NOTESTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered Results933 PAVING, GRADING, AND DRAINAGE NOTES:1.REFERENCES & GOVERNING SPECIFICATIONS. WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE LATEST EDITIONS OFTHE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION,FDOT ROADWAY TRAFFIC DESIGN STANDARDS, FDOT GREENBOOK, MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD)AND PBC T-P-21. ALL STANDARDS ARE INCORPORATED AS PLAN REFERENCES. CONTRACTOR IS RESPONSIBLE FOR OBTAININGCOMPLETE COPIES OF THE LATEST EDITION OF THE REFERENCES/STANDARDS/SPECIFICATIONS.2.SITE FAMILIARIZATION. THE CONTRACTOR MUST BECOME FAMILIAR WITH THE OVERALL SITE CONDITIONS TO UNDERSTANDTHE LIMIT AND DEPTH OF EXPECTED ORGANIC MATERIAL, ADEQUACY OF EXISTING MATERIALS AS FILL, DEWATERINGREQUIREMENTS, CLEAN FILL REQUIRED FROM OFFSITE AND MATERIALS TO BE DISPOSED OF OFFSITE. THE MATERIALSANTICIPATED TO BE ENCOUNTERED DURING CONSTRUCTION MAY REQUIRE DRYING PRIOR TO USE AS BACKFILL AND THECONTRACTOR MAY HAVE TO IMPORT MATERIALS FROM OFFSITE TO MEET THE REQUIREMENTS FOR COMPACTION AND PROPERFILL.3.SITE FILL BALANCE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE EXISTING SITE CONDITIONS OF SOIL DURING THEBID PREPARATION TO DETERMINE IF ANY OFF SITE MATERIALS WILL NEED TO BE IMPORTED TO ACHIEVE THE GRADESSPECIFIED ON THE PLANS.4.RESTORATION. ALL DISTURBED AREAS SHALL BE RESTORED TO PRE-CONSTRUCTION CONDITION OR BETTER AS DETERMINEDBY THE ENGINEER, OWNER AND RESPECTIVE JURISDICTIONAL AUTHORITY.5.HORIZONTAL CONTROL AND LAYOUT. CONTRACTOR/OWNER SHALL COORDINATE WITH A REGISTERED SURVEYOR TO LAY OUTLINE, GRADES, STRUCTURES, LOT CORNERS, ETC. AS NECESSARY TO CONSTRUCT THE PROPOSED FACILITIES IN ACCORDANCEWITH THE PLANS AND SPECIFICATIONS. BENCH MARKS SHALL BE ESTABLISHED BY A REGISTERED SURVEYOR. BENCH MARKSSHALL BE PERMANENT AND EASILY ACCESSIBLE AND MAINTAINED AND REPLACED IF DISTURBED OR DESTROYED. HORIZONTALCONTROL SHALL SIMILARLY BE ESTABLISHED AND MAINTAINED.6.CLEARING, GRADING AND DISPOSAL. CLEARING AND GRADING SHALL CONFORM TO SECTION 110 OF THE FDOT STANDARDSPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION. CLEARING SHALL BE CONTAINED TO THECONSTRUCTION AREA AND/OR AS DIRECTED BY THE OWNER AND/OR HIS REPRESENTATIVE. ALL ROOTS, STUMPS, OR OTHEROBSTRUCTIONS SHALL BE REMOVED TO A DEPTH OF 18” BELOW NATURAL GRADE OR DESIGN GRADE WHICHEVER IS LOWER.ALL DEBRIS SHALL BE REMOVED FROM THE AREA AND BE DISPOSED OF LEGALLY.7.EXCAVATION AND EMBANKMENT. ALL EXCAVATION AND EMBANKMENT SHALL CONFORM TO THE FDOT STANDARDSPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION.8.EARTHWORK. NO SEPARATE PAYMENT SHALL BE PROVIDED TO THE CONTRACTOR FOR EARTHWORK ASSOCIATED WITH THISCONTRACT. ALL COSTS ASSOCIATED WITH SITE PREPARATION NECESSARY TO EXECUTE THE WORK SET FORTH IN THECONTRACT SHALL BE INCLUDED IN THE BID.9.EXCESS MATERIAL. ANY EXCESS MATERIAL REMAINING UPON COMPLETION OF CONSTRUCTION SHALL BE REMOVED TO ANACCEPTABLE LOCATION AT THE EXPENSE OF THE CONTRACTOR. AT THE OWNER'S OPTION, A LOCATION MAY BE IDENTIFIEDFOR MATERIAL STOCK PILING OR THE OWNER MAY INSTRUCT THE CONTRACTOR TO REMOVE THE EXCESS MATERIAL IN WHICHCASE THE CONTRACTOR IS TO LEGALLY DISPOSE OF ALL MATERIALS OFFSITE.10.FINISHED SITE GRADING. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL GRADING OF THE SITE TO WITHIN ±0.1 FOOT OFALL THE PROPOSED FINISHED GRADE ELEVATIONS THROUGHOUT THE PROJECT SITE AS DEPICTED ON THE PLANS.ELEVATIONS OF CONSTRUCTED FACILITIES, I.E. ROADWAYS, DRAINAGE, ETC. ARE TO BE AS INDICATED ON THE PLANS UNLESSAPPROVED DIFFERENTLY IN WRITING.11.BUILDING AREAS. ALL ORGANIC AND OTHER UNSUITABLE MATERIAL IN BUILDING OR PAVEMENT AREAS SHALL BE REMOVEDAND REPLACED IN ACCORDANCE WITH THE GEOTECHNICAL REPORT RECOMMENDATIONS AND SOUND CONSTRUCTIONPRACTICES.12.LANDSCAPE AREAS. ALL LANDSCAPE AREAS SHALL CONTAIN SUITABLE LANDSCAPE MATERIAL FOR LANDSCAPE INSTALLATION.ALL LANDSCAPE AREAS SHALL BE SUITABLY SLOPED TO PROVIDE POSITIVE DRAINAGE.13.SOD AREAS. ELEVATIONS OF GRASSED AREAS ARE GIVEN AT FINISHED SOD/SEED GRADE. CONTRACTOR TO GRADE AREASRECEIVING SOD LOWER TO ACCOMMODATE SOD THICKNESS.14.UNSUITABLE MATERIALS. WHERE ENCOUNTERED, UNSUITABLE MATERIAL SHALL BE REMOVED TO A DEPTH AND AREADETERMINED BY THE ENGINEER. BACKFILLING SHALL BE IN LAYERS NOT GREATER THAN 8” THICKNESS AND COMPACTED TO 98PERCENT OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180. ANY UNSTABLE SOIL AND/OR SOIL CONTAINING ORGANICMATERIAL ENCOUNTERED DURING CONSTRUCTION, INCLUDING BET NOT LIMITED TO MUCK, SILT, SLUDGE, AND MARL SHALL BEREMOVED AND SHALL BE REPLACED BY MATERIAL ACCEPTABLE TO THE ENGINEER. IF ANY ROCK, HARDPAN, ETC. ISENCOUNTERED DURING CONSTRUCTION OF ANY ITEMS, THE REMOVAL AND BACKFILL REQUIRED SHALL BE CONSIDEREDINCIDENTAL TO CONSTRUCTION OF THAT ITEM AND NO SEPARATE PAYMENT WILL BE MADE.15.GRADING. GRADING FROM PROPOSED TO EXISTING CONDITIONS SHALL NOT BE STEEPER THAN 3H:1V NOR FLATTER THAN20H:1V. ALL SWALES AND SLOPES SHALL BE SODDED AFTER GRADING.16.ELEVATIONS. ELEVATIONS GIVEN ADJACENT TO CURB OR FRONT OF SIDEWALK ARE CONSIDERED EDGE OF PAVEMENTGRADES UNLESS OTHERWISE NOTED.17.POSITIVE DRAINAGE. CONTRACTOR IS RESPONSIBLE FOR GRADING ALL PAVEMENT TO DRAIN POSITIVELY. INTERSECTIONSSHALL BE TRANSITIONED TO PROVIDE A SMOOTH DRIVING SURFACE WHILE MAINTAINING POSITIVE DRAINAGE. SHOULD AREASOF POOR DRAINAGE BE OBSERVED, THE CONTRACTOR SHALL NOTIFY THE ENGINEER PRIOR TO PLACEMENT OF CURBS ORPAVEMENT COURSES, SO THAT RECOMMENDATIONS FOR CORRECTION CAN BE MADE.18.ADA AREAS. PAVEMENT GRADES AT HANDICAP PARKING SPACES SHALL NOT EXCEED 2% IN ANY DIRECTION. PROPOSED ANDEXISTING SIDEWALKS SHALL BE RAMPED FLUSH WITH PAVEMENT. RAMPS SHALL NOT EXCEED A 12H:1V SLOPE. SIDEWALKRAMPS SHALL BE TEXTURED IN CONFORMANCE WITH FDOT STANDARDS EXCEPT WHERE LOCAL CODES DICTATE OTHERWISEOR IF INDICATED OTHERWISE ON THE PLANS. CONTRACTOR SHALL COORDINATE WITH THE ENGINEER AND THEJURISDICTIONAL AUTHORITY FOR FORM BOARD AND PRE-POUR INSPECTIONS PRIOR TO ANY CONCRETE INSTALLATION. IT ISTHE CONTRACTOR'S SOLE RESPONSIBILITY TO ENSURE THAT ALL RAMP TEXTURED SURFACES AND SIDEWALK LONGITUDINALAND CROSS SLOPES ARE IN CONFORMANCE WITH LOCAL, STATE AND FEDERAL ADA AND BUILDING CODE STANDARDS.19.ASPHALT MIX DESIGN. BEFORE CONSTRUCTION OF ASPHALT SURFACE, A JOB MIX FORMULA SHALL BE SUBMITTED FORAPPROVAL TO THE ENGINEER.20.ROADWAY CONSTRUCTION. ALL ROADWAY AND PARKING LOT CONSTRUCTION AND MATERIAL SHALL CONFORM TO THEAPPLICABLE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION. ALL SUBBASE, BASECOURSE, PRIME COAT, TACK COAT AND ASPHALT MATERIALS SHALL BE INSTALLED IN ACCORDANCE WITH FDOT STANDARDSPECIFICATIONS (LATEST EDITION).21.DRAINAGE STRUCTURES. ALL DRAINAGE STRUCTURES SHALL BE CONSTRUCTED AS PER THE PLANS AND IN ACCORDANCEWITH FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (LATEST EDITION). ALL GRATES SHALL BESECURED TO THE DRAINAGE STRUCTURE WITH A CHAIN AND EYEBOLT.22.PIPE LENGTHS. PIPE LENGTHS SHOWN ON THE PLANS REPRESENT SCALED DISTANCES BETWEEN CENTERLINES OF DRAINAGESTRUCTURES AND FROM INVERTS OF ENDWALLS AND/OR MITERED END SECTIONS.23.PIPE INSTALLATION. PIPE TRENCH SHALL BE DRY WHILE PIPE IS BEING LAID AND TO BE BEDDED PER DETAIL AND INCONFORMANCE WITH THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (LATEST EDITION). ALLCORRUGATED PIES SHALL BE INSTALLED WITH MAXIMUM LENGTHS IN ORDER TO MINIMIZE JOINTS.24.PIPE TRENCHES. PIPE TRENCHES TO BE EXCAVATED AND BACKFILLED IN ACCORDANCE WITH FDOT STANDARD SPECIFICATIONSFOR ROAD AND BRIDGE CONSTRUCTION (LATEST EDITION).25.DRAINAGE PIPING. ALL DRAINAGE PIPES TO BE REINFORCED CONCRETE (RCP) UNLESS NOTED OTHERWISE ON THE PLANS. REQUIRED PIPE THICKNESS IN COMPLIANCE WITH ACPA STANDARDS AND ACTM C76.26.DRAINAGE CONNECTIONS. CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVAL OF DEBRIS AND SILT WHERE CONNECTIONSTO EXISTING DRAINAGE STRUCTURES OR SWALES ARE TO BE PERFORMED. SWALES, DITCHES, LAKES, ETC. SHALL BERESTORED TO THEIR ORIGINAL DESIGN SECTION AND SODDED. SUCH REMOVAL AND RESTORATION SHALL BE TO THE POINT OFLEGAL POSITIVE OUTFALL.27.DRAINAGE JOINT WRAPPING. ALL DRAINAGE PIPE JOINTS TO BE WRAPPED IN FILTER FABRIC PER FDOT INDEX 280. THE FIRSTJOINT OF PIPE ENTERING OR LEAVING A DRAINAGE STRUCTURE SHALL BE WRAPPED WITH FILTER FABRIC PER FDOTSPECIFICATIONS.28.DRAINAGE LAMPING. ALL DRAINAGE SYSTEMS SHALL BE PUMPED DOWN BELOW ONE-THIRD OF THE DIAMETER OF THE PIPE (FROM THE INVERT) AND LAMPED AS A REQUIREMENT OF THE FINAL DRAINAGE INSPECTION.29.SUBGRADE. SUBBASE SHALL BE FREE OF MUCK, STUMPS, ROOTS, UNDERBRUSH, VEGETATIVE MATTER, GARBAGE, TRASH ORANY MATERIAL THAT WILL NOT PROVIDE A SUITABLE STABLE, CLEAN SUBGRADE. SUBGRADE SHALL BE AS SHOWN ON THEPLANS AND TO BE COMPACTED TO 98 PERCENT OF THE MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180 UNLESSOTHERWISE NOTED ON THE PLANS. STABILIZED SUBGRADE SHALL BE MIXED IN PLACE WITH ROTARY TILLERS IN ACCORDANCEWITH FDOT SPECIFICATION SECTION 160. NO OTHER MIXING METHOD WILL BE ACCEPTED. OFFSITE MIXED MATERIAL SHALL NOTBE IMPORTED UNLESS ACCOMPANIED BY CERTIFIED LAB RESULTS AND CHAIN OF CUSTODY DOCUMENTS. IF IMPORTED, THEFULL DEPTH OF SUBGRADE SHALL BE CONSTRUCTED WITH THE CERTIFIED IMPORTED MATERIAL.PAVING, GRADING, AND DRAINAGE NOTES CONTINUED: 30. UNDER PAVEMENT UTILITIES AND CONDUITS. THE SEQUENCE OF CONSTRUCTION SHALL BE SUCH THAT ALL UNDERGROUNDINSTALLATIONS OF ANY KIND, INCLUDING IRRIGATION AND ELECTRICAL CONDUITS, THAT WILL REMAIN UNDER THE PROPOSEDPAVEMENT OR WITHIN 10 FEET OF ITS EDGES SHALL BE INSTALLED PRIOR TO CONSTRUCTION OF THE BASE. 31. BASE. BASE SHALL BE AS SHOWN ON SECTION AND SHALL BE COMPACTED TO 98 PERCENT OF THE MAXIMUM DENSITY ASDETERMINED BY AASHTO T-180 UNLESS OTHERWISE NOTED ON THE PLANS. 32. ASPHALT TACK AND PRIME COATS. PRIME COAT SHALL BE APPLIED AT THE RATE OF 0.15 GALLONS PER SQUARE YARD. WHEREREQUIRED, TACK SHALL BE APPLIED AT THE RATE OF 0.08 GALLONS PER SQUARE YARD. 33. UTILITIES BY OTHERS. AT NO ADDITIONAL COST TO THE OWNER, THE CONTRACTOR SHALL PROVIDE ACCESS AND ALLOW FORCOORDINATION SERVICES TO ACCOMMODATE UTILITIES, CONDUIT AND/OR SLEEVE CONSTRUCTION BY OTHERS. ANY UTILITIES,CONDUITS AND/OR SLEEVES INSTALLED BY OTHERS AND DAMAGED BY THE CONTRACTOR SHALL BE REPAIRED AT THECONTRACTOR'S EXPENSE. 34. CURB TRANSITIONS. ALL EXPOSED ENDS OF CURB SHALL TRANSITION TO FINISHED GRADE 35. CONCRETE. ALL CONCRETE (CURBS, SIDEWALKS, STRUCTURES, ETC.) SHALL BE 3,000 PSI CONCRETE (MINIMUM 28 DAY COMPRESSIVE STRENGTH) UNLESS OTHERWISE SPECIFIED. 36. REINFORCING STEEL. ALL REINFORCING STEEL SHALL CONFORM TO ASTM A-615 AND HAVE A TENSILE STRENGTH OF 60,000 PSIOR AS OTHERWISE NOTED. 37. FIELD REVIEWS. FIELD REVIEWS OF CONSTRUCTED FACILITIES WILL BE REQUIRED DURING THE CONSTRUCTION PROCESS. THECONTRACTOR IS TO NOTIFY THE ENGINEER A MINIMUM OF 48 HOURS PRIOR TO THE REQUESTED TIME FOR REVIEW OF THECOMPLETED ITEMS. CONTRACTOR TO PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS NECESSARY TO ACCOMMODATE THEFIELD REVIEW. THESE REVIEWS INCLUDE BUT ARE NOT LIMITED TO:A.DRAINAGE PIPE AND STRUCTURE REVIEWB.SUBGRADE REVIEWC.CURB REVIEWSD.BASE REVIEWSE.PUMP OUT AND LAMPING OF DRAINAGE SYSTEMF.ASPHALT REVIEWSG.SEMI-FINAL AND FINAL REVIEWS38. COMPLETENESS FOR REVIEW. FACILITIES MUST BE COMPLETED PRIOR TO SCHEDULING THE FIELD REVIEW. IF A FIELD REVIEW FAILS TO MEET THE AGENCY REQUIREMENTS AND AN ADDITIONAL REVIEW IS REQUIRED, THE CONTRACTOR WILL BE RESPONSIBLE TO PAY ANY FEES ASSOCIATED WITH THE ADDITIONAL REVIEW.39. TESTING. TESTING OF CONSTRUCTION MATERIALS AND/OR CONSTRUCTED FACILITIES WILL BE REQUIRED AS OUTLINED IN THE GOVERNING SPECIFICATIONS AS NECESSARY TO MEET THE REQUIREMENTS OF THE JURISDICTIONAL AGENCIES. ALL TESTING IS TO BE DONE BY A FLORIDA LICENSED TESTING LABORATORY. ALL REQUIRED TESTS ON UTILITY EMBANKMENT, BACKFILL, SUBGRADE, BASE AND SURFACE COURSE MATERIAL IS TO BE SUBMITTED TO THE ENGINEER.40. DENSITY TESTING. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING THE NECESSARY TESTING TO ASSURE THAT THE PROPER COMPACTION HAS BEEN ACHIEVED ON THE SUBGRADE, BASE MATERIAL, PIPE BASE MATERIAL AND ALL OTHER PERTINENT AREAS THAT HAVE BEEN COMPLETED. THE CONTRACTOR SHALL BEAR ALL COSTS ASSOCIATED WITH TESTING AND RETESTING THE AREAS AND SHALL PROVIDE THE OWNER AND THE ENGINEER COPIES OF ALL TEST RESULTS. ALL REPORTS ARE TO BE SIGNED AND SEALED BY A REGISTERED GEOTECHNICAL ENGINEER IN THE STATE OF FLORIDA.41. VERTICAL DISTRIBUTION OF DENSITY TESTING. NUCLEAR DENSITY COMPACTION TESTS ARE TO BE TAKEN ON EVERY LIFT PLACED (12” MAXIMUM THICKNESS), STARTING WITH THE SOIL AT THE SPRINGLINE OF THE UTILITY OR AT THE BASE OF ANY STRUCTURE AND PROCEEDING UPWARD TO GRADE AT THE LOCATIONS DEFINED BY THE HORIZONTAL DISTRIBUTION OF DENSITY TESTING NOTE. IF THICKER LIFTS ARE APPROVED AND IMPLEMENTED, DENSITY TESTING SHALL BE PERFORMED VIA DIG DOWNS TO SUFFICIENT DEPTH TO TEST EACH 12 INCHES FOR THE FULL THICKNESS OF LIFT.42. HORIZONTAL DISTRIBUTION OF DENSITY TESTING. DENSITY TESTING SHALL BE PERFORMED AT THE FOLLOWING MINIMUM LOCATIONS WITH HORIZONTAL SPACING PER THE VERTICAL DISTRIBUTION OF DENSITY TAKING NOTE. MORE SPECIFICALLY:A.PIPE TRENCHES - TESTS SHALL BE PERFORMED AT RANDOMLY SELECTED LOCATIONS WITHIN EACH 300 FOOT INTERVAL(MAXIMUM)ALONG THE LENGTH OF A PIPE INSTALLATION, AND BETWEEN EACH SET OF STRUCTURES SEPARATED BY LESSTHAN 300 FEET. AT LEAST ONE TEST SHALL BE PERFORMED FOR EVERY 12 INCH BACKFILL LAYER, STARTING WITH THEFIRST TEST PERFORMED AT THE PIPE SPRINGLINE (COVERING THE 12” LAYER BELOW SPRINGLINE ELEVATION).B.STRUCTURES - TESTS SHALL BE PERFORMED AT EACH MANHOLE OR DRAINAGE STRUCTURE. AT LEAST ONE TEST SHALL BEPERFORMED FOR EVERY 12 INCH BACKFILL LIFT, STARTING WITH THE FIRST TEST PERFORMED AT THE BASE OF THESTRUCTURE (COVERING THE 12” LAYER BELOW BASE ELEVATION).C.SUBGRADE - TESTS SHALL BE PERFORMED AT RANDOMLY SELECTED LOCATIONS WITHIN EACH 300 FOOT INTERVAL(MAXIMUM) ALONG THE LENGTH OF THE ROADWAY, SIDEWALK, OR PATHWAY AND EVERY 6,000 SQUARE FEET OF PARKINGAREA.D.BASE ROCK - TESTS SHALL BE PERFORMED AT RANDOMLY SELECTED LOCATIONS WITHIN EACH 300 FOOT INTERVAL(MAXIMUM) ALONG THE LENGTH OF THE ROADWAY, SIDEWALK, OR PATHWAY AND EVERY 6,000 SQUARE FEET OF PARKINGAREA.E.ROAD CROSSINGS - TESTS SHALL BE PERFORMED FOR EACH 12 INCH LIFT WITHIN ANY OPEN CUT ROAD CROSSINGLOCATION. 43. TACTILE SURFACES - ALL TACTILE SURFACES SHALL COMPLY WITH ALL APPLICABLE CODES AND REQUIREMENTS INCLUDING BUT NOT LIMITED TO, THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) INDEX 522-002 AND THE FLORIDA ACCESSIBILITYCODE FOR BUILDING CONSTRUCTION.WATER AND SANITARY SEWER NOTES:1.AVAILABILITY OF SYSTEMS FOR ASBUILT MEASUREMENTS. CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING ALL WATER MAINBENDS, VALVES, HYDRANTS, TEES AND WATER SERVICE TAPS AVAILABLE TO FACILITATE DIRECT PHYSICAL MEASUREMENT OFRECORD DRAWING INFORMATION. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER, ENGINEER, AND SURVEYOR TOOBTAIN RECORD DRAWING MEASUREMENTS SO AS NOT TO ENDANGER THE GENERAL PUBLIC OR CREATE DELAY IN THEPROGRESS OF THE PROJECT. CONTRACTOR SHALL PROVIDE 48 HOURS MINIMUM WRITTEN NOTICE.2.SYSTEM CLEANING. CONTRACTOR SHALL THOROUGHLY CLEAN ALL SANITARY AND DRAINAGE GRAVITY SYSTEMS TO FACILITATEMEASUREMENT OF RECORD DRAWING INFORMATION. CLEANING SHALL BE PERFORMED PRIOR TO “PRE-LAMPING” INSPECTIONSBY ENGINEER. CONTRACTOR SHALL ALSO HAVE ALL MANHOLE RIMS INSTALLED PRIOR TO PRE-LAMPING.3.WATER MAINS. ALL WATER MAINS TO BE DIP UNLESS OTHERWISE NOTED ON THE PLANS. ALL LINES FROM THE WATER MAIN TOA FIRE HYDRANT TO BE DUCTILE IRON PIPE (DIP) UNLESS OTHERWISE NOTED ON THE PLANS. ALL LINES FROM THE WATER MAINTO A FIRE LINE BACKFLOW TO BE DUCTILE IRON PIPE (DIP) UNLESS OTHERWISE NOTED ON THE PLANS.4.FIRE LINES. ALL FIRE LINES DOWN STREAM OF THE FIRE LINE BACKFLOW DEVICE TO BE DIP UNLESS OTHERWISE NOTED ON THEPLANS. FIRELINE BACKFLOW DEVICES TO BE EQUIPPED WITH TAMPER SWITCHES PER THE FIRE MARSHAL REQUIREMENTS.CONTRACTOR TO PROVIDE NECESSARY ELECTRICAL LINES, CONDUIT, POSTS, STANDS, ETC. AS REQUIRED TO MAKE ACOMPLETE SYSTEM.5.WATER SERVICE LINES. ALL WATER SERVICE LINES TO BE PVC C-900 UNLESS NOTED OTHERWISE ON THE PLANS.6.SANITARY SEWER LINES. ALL SANITARY SEWER GRAVITY MAINS LESS THAN 12' IN DEPTH TO BE PVC C-900 UNLESS NOTEDOTHERWISE ON PLANS.7.MINIMUM PIPE DEPTHS. ALL PRESSURE PIPE TO BE INSTALLED AT MIN. 30” COVER FROM FINISHED GRADE.8.VALVES. ALL VALVES ARE TO BE CONSTRUCTED COMPLETELY IN GRASSED AREAS UNLESS SHOWN OTHERWISE ON THE PLANS.NO VALVES SHALL BE CONSTRUCTED WITHIN THE SIDEWALK, CURB OR PARKING STALLS.9.FIRE HYDRANTS. ALL FIRE HYDRANTS SHALL BE CONSTRUCTED COMPLETELY IN GRASSED AREAS WITH NO LESS THAN 3' FROMTHE EDGE OF PAVEMENT (PROTECTIVE BOLLARDS REQUIRED FOR FIRE HYDRANTS CLOSER THAN 7' FROM EDGE OF PAVEMENTOR AS SHOWN ON THE DRAWINGS).10.EXISTING UTILITIES IMPACTED. ALL EXISTING VALVES AND MANHOLES IMPACTED BY CONSTRUCTION OF THIS PROJECT SHALLBE ADJUSTED IN ACCORDANCE WITH THE UTILITY SPECIFICATIONS.11.FIELD VERIFICATION. PRIOR TO CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY (ELEVATION& LOCATION) ALL EXISTING UTILITIES. ANY DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER PRIOR TOCONTINUATION OF WORK.12.PIPE COLOR INFUSION. ALL WATER MAINS (BLUE), FORCE MAINS (GREEN), AND RECLAIM WATER MAINS (PURPLE) SHALL BEP.V.C. (C-900) COLORED DURING INFUSION PROCESS, UNLESS A DIFFERENT MATERIAL IS OTHERWISE NOTED.13.HORIZONTAL SEPARATION FROM DRAINAGE. ALL WATER AND SANITARY SERVICES SHALL BE CONSTRUCTED A MINIMUM OF 5'FROM DRAINAGE STRUCTURES.14.MAGNETIC TAPE. MAGNETIC TAPE IS REQUIRED FOR PVC WATER MAINS, FORCE MAINS, AND RECLAIM WATER MAINS AND SHALLBE 6" WIDE, IMPRINTED WITH 2" HIGH LETTERING READING "CAUTION - WATER MAIN BURIED BELOW", "CAUTION - FORCE MAINBURIED BELOW" OR "CAUTION - RECLAIM WATER MAIN BURIED BELOW", AS REQUIRED.15.TESTING. PRESSURE TESTING AND CERTIFICATION SHALL FOLLOW THE UTILITIES DEPARTMENT MINIMUM ENGINEERING ANDCONSTRUCTION STANDARDS LATEST EDITION.16.VERTICAL PIPE SEPARATIONS. ALL WATER MAINS TO CROSS OVER SANITARY SEWER SERVICES. WHERE 12" MINIMUMCLEARANCE CANNOT BE MAINTAINED, 20 LINEAR FEET OF DUCTILE IRON WATER MAIN SHALL BE CENTERED ON THE CROSSINGAND THE SEWER SERVICE SHALL BE C-900, SDR-18. IN NO CASE SHALL THERE BE LESS THAN 6" CLEARANCE.17.RECORD DRAWING NOTE. RECORD DRAWINGS SHALL INCLUDE ALL UTILITY OBJECTS AND ASSOCIATED LOCATIONS IDENTIFIEDAS REQUIRED BY PALM BEACH COUNTY WATER UTILITIES DEPARTMENT AND SHOWN IN THE AS-BUILT LOCATION.18.STATE PLANE COORDINATES FOR RECORD DRAWINGS. ALL RECORD DRAWINGS SHALL BE DRAWN IN THE STATE PLANECOORDINATE SYSTEM. STATE PLANE COORDINATES ARE REQUIRED FOR ALL AS-BUILT UTILITY OBJECTS AS REQUIRED BY PALMBEACH COUNTY WATER UTILITIES DEPARTMENT.19.WATER MAIN DUCTILE IRON PIPE (DIP). ALL WATER MAIN DUCTILE IRON PIPE AND PIPE FITTINGS SHALL BE PAINTED WITH A 4"WIDE CONTINUOUS BLUE LINE THAT RUNS PARALLEL TO THE AXIS OF THE PIPE AND THAT IS LOCATED ALONG THE TOP OF THEPIPE. APPROVED PAINT: INDURON, AQUANAUT 5082 ALASKAN BLUE (ONE COAT, 3 MILS DRY FILM THICKNESS APPLIED WITH 1/2"NAP MEDIUM ROLLER).20.MANHOLE LOCATIONS. ALL MANHOLES SHALL BE LOCATED IN THE CROWN OF ROAD OR IN THE CENTER OF THE TRAVEL LANE.21.PIPE COLORS. ALL WATER MAIN PIPE, INCLUDING FITTINGS, INSTALLED ON OR AFTER AUGUST 28, 2003, EXCEPT PIPE INSTALLEDUNDER A CONSTRUCTION PERMIT FOR WHICH THE DEPARTMENT RECEIVED A COMPLETE APPLICATION BEFORE AUGUST 28,2003, SHALL BE COLOR CODED OR MARKED USING BLUE AS A PREDOMINANT COLOR TO DIFFERENTIATE DRINKING WATER FROMRECLAIMED OR OTHER WATER. UNDERGROUND PLASTIC PIPE SHALL BE SOLID-WALL BLUE PIPE, SHALL HAVE A CO-EXTRUDEDBLUE EXTERNAL SKIN, OR SHALL BE WHITE OR BLACK WITH BLUE STRIPES INCORPORATED INTO, OR APPLIED TO, THE PIPEWALL; AND UNDERGROUND METAL OR CONCRETE PIPE SHALL HAVE BLUE STRIPES APPLIED TO THE PIPE WALL. PIPE STRIPEDDURING MANUFACTURING OF THE PIPE SHALL HAVE CONTINUOUS STRIPES THAT RUN PARALLEL TO THE AXIS OF THE PIPE, THATARE LOCATED AT NO GREATER THAN 90-DEGREE INTERVALS AROUND THE PIPE, AND THAT WILL REMAIN INTACT DURING ANDAFTER INSTALLATION OF THE PIPE. IF TAPE OR PAINT IS USED TO STRIPE PIPE DURING INSTALLATION OF THE PIPE, THE TAPE ORPAINT SHALL BE APPLIED IN A CONTINUOUS LINE THAT RUNS PARALLEL TO THE AXIS OF THE PIPE AND THAT IS LOCATED ALONGTHE TOP OF PIPE; FOR PIPES WITH AN INTERNAL DIAMETER OF 24 INCHES OR GREATER, TAPE OR PAINT SHALL BE APPLIED INCONTINUOUS LINES ALONG EACH SIDE OF THE PIPE AS WELL AS ALONG THE TOP OF THE PIPE. ABOVEGROUND PIPE ATDRINKING WATER TREATMENT PLANTS SHALL BE COLOR CODED AND LABELED IN ACCORDANCE WITH SUBSECTION62-555.320(10), F.A.C., AND ALL OTHER ABOVEGROUND PIPE SHALL BE PAINTED BLUE OR COLOR CODED OR MARKED LIKEUNDERGROUND PIPE.22.FIRE HYDRANTS. ALL FIRE HYDRANT FLANGE GRADES ARE PROVIDED FOR THE CONVENIENCE OF THE CONTRACTOR.CONTRACTOR TO FIELD ADJUST AS REQUIRED TO MEET UTILITY DEPARTMENT CRITERIA.23.DOUBLE CHECK DETECTOR ASSEMBLIES. THE DOUBLE CHECK DETECTOR ASSEMBLIES MAY REQUIRED TO HAVE TAMPERSWITCHES PER THE FIRE MARSHAL. CONTRACTOR TO PROVIDE AN ALLOWANCE AND CONFIRM REQUIREMENTS DURINGCONSTRUCTION. COORDINATE DISCIPLINES TO PROVIDE FULLY FUNCTIONAL SYSTEM INCLUDING ELECTRICAL REQUIREMENTS.C0.2GENERAL NOTESTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered Results934 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.EXISTING WATERMAINEXISTING STORM DRAINAGELEGENDEXISTING CONCRETE/CURBTO BE REMOVEDPROPOSED SILT FENCEEXISTING FULL-DEPTH PAVEMENTTO BE REMOVEDEXISTING WATER SERVICEEXISTING UTILITIES TO BE REMOVEDEXISTING SANITARY LINEEXISTING CONCRETETO BE REMOVEDPROPOSED MIL & RESURFACEEXISTING BUILDINGF.F.E. = 13.40BETA DRIVE 50' R/W PARK RIDGE BLVD.100' R/WEX-CB-510.51 RIM4.92 S3.30 BOTEX-SMH-311.40 RIM0.49 S-1.43 E-1.62 WEXIST. SIGN TOBE RELOCATEDEXIST. LIGHT POLE TO BEREMOVED/RELOCATEDEXIST. CONCRETE SLAB & COVEREDPATIO TO BE REMOVED (880 SF)CONCRETE GENERATORPAD TO BE RELOCATEDEXIST. PROPANE TANK TOBE REMOVED/RELOCATEDEXIST. CONCRETEWALL TO BE REMOVEDFULL DEPTH PAVEMENTTO BE REMOVED (1346 SF)EXIST. CONCRETE TOBE REMOVED (166 SF)50'EXIST. FENCE TO BEREMOVED (118 LF)SFWMD C-16 CANAL(O.R.B. 1064, PG 45)EXIST. LIGHT POLE TO BEREMOVED/RELOCATEDEXISTING CONCRETE TOBE REMOVED (166 SF)EXIST. TYPE D CURB TOBE REMOVED (66 LF)FULL DEPTH PAVEMENTTO BE REMOVED (474 SF)EXIST. ELECTRICAL UTILITYTO BE RELOCATED15' U .E .P.B 60 , PG . 34 P .B .C .R .15' U.E. (FPL & SB)P.B 60, PG. 34 P.B.C.R.15' U.E. (FPL & SB) P.B 60, PG. 34 P.B.C.R.PROP. MILL & RESURFACEPROP. SILT FENCE (TYP.)PROP. SILT FENCE (TYP.)PROP. SILT FENCE (TYP.)EXIST. 6" DIP WMEXIST. 6" DIP WMEXIST. 21" CMP STMEXIST. 8" VCP SANEXIST. 6" SANEXIST. 6" DIP WMEXIST. 2' VALLEY GUTTEREXIST. 2' VALLEY GUTTEREXIST. FIREHYDRANTEXIST. 10" DIP WMEXISTING MAILBOXEXIST. 36" CMP STMEXIST. FENCE (TYP.)EXIST. FIREHYDRANTEXIST. FENCE (TYP.)EXIST. 2' VALLEY GUTTEREXIST. TYPE "D" CURBEXIST. SIGN (TYP.)EXIST. LIGHTPOLE (TYP.)EXIST. BOLLARD (TYP.)EXIST. FPL PADEXIST. FDCEXIST. WATERSERVICE LINE (TYP.)EXIST. ELECTRIC METEREXIST. 2' VALLEY GUTTERTO BE REMOVED (54 LF)EXIST. SUMP PUMPEXIST. R/WEXIST. R/WEXIST. PROPERTY BOUNDARYEXIST. PROPERTY BOUNDARYEXIST. FENCE (TYP.)EXIST. R/WEXIST. 18" STM PIPE STUBEXIST. STM PIPEEXIST. PROPERTY BOUNDARYPJM AT QUANTUM PARKPLAT BOOK 76, PAGE 50QUANTUM PARK ATBOYNTON BEACH P.I.D.PLAT NO.10PLAT BOOK 60, PAGE 34EXIST. R/WEXIST. CATCH BASINRIM EL. = 11.35EXIST. CATCH BASINRIM EL. = 11.64SITE BENCHMARKELEVATION = 13.21SITE BENCHMARKELEVATION = 11.8115' U.E.EX-CB-111.25 RIM5.46 N5.51 E5.51 BOTEX-SMH-112.10 RIM3.64 N5.21 EEX-CB-211.83 RIM8.28 N8.15 BOTEX-CB-411.28 RIM8.25 S8.13 BOTEX-CB-312.65 RIM8.12 BOTEX-SMH-212.09 RIM2.25 N2.30 SNOTES:1.CONTACT THE PUBLIC WORKS DEPARTMENT (561-742-6200) REGARDING SOLID WASTESERVICE FEE SCHEDULE, PRE-ORDERING SOLID WASTE RECEPTACLES, AND THE REMOVALOF REFUSE DURING THE CONSTRUCTION PHASE PER THE CODE SECTION 10-26 (A). ROLL-OFFREQUEST CAN BE MADE ONLINE AT WWW.BOYNTON-BEACH.ORG/323/GARBAGE-RECYLCLING.2.PROTECT ALL EXISTING AND PROPOSED INLETS DURING CONSTRUCTION.3.SWEEP ROADS AND CONSTRUCTION SITE PERIODICALLY TO REMOVE CONSTRUCTION DEBRISAND SEDIMENT.4.STORM DRAINAGE TO BE SEDIMENT AND SILT FREE DURING CONSTRUCTION AND AT FINALSITE WALK THROUGH.5.ALL AREAS TO BE DEMOLISHED ARE TO BE REMOVED IN THEIR ENTIRETY. BACKFILL WITHCLEAN, SUITABLE MATERIAL APPROPRIATE TO THE FUTURE APPLICATION AND INCOMPLIANCE WITH THE RESPECTIVE REQUIREMENTS (i.e. STRUCTURAL BUILDING FILL,LANDSCAPE FILL, PARKING LOT SUBGRADE).6.EXISTING BASEROCK MAY NOT BE REUSED FOR PROPOSED BASE COURSE UNLESSCERTIFIED BY THE GEOTECHNICAL ENGINEER THAT IT MEETS THE REQUIREDSPECIFICATIONS. IT MAY BE USED FOR SUBGRADE STABILIZATION.7.REFER TO LANDSCAPE PLANS FOR ALL RELOCATION/REMOVAL OF LANDSCAPING AND TREES.8.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE LOCATION, DEPTH ANDCONDITION OF ALL EXISTING UNDERGROUND UTILITIES PRIOR TO SHOP DRAWING SUBMITTALAND/OR COMMENCEMENT OF CONSTRUCTION. PROVIDE WRITTEN CONFIRMATION/DIAGRAMSOF ALL UTILITIES WITHIN THE LIMITS OF CONSTRUCTION OR ANTICIPATED CONSTRUCTION(HORIZONTAL & VERTICAL LOCATIONS, PIPE SIZES, ETC.)9.IT SHALL ALSO BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT AND SUPPORT THESEEXISTING UTILITIES AND MAINTAIN CONTINUOUS SERVICE OF ALL UTILITIES DURING THEENTIRE COURSE OF CONSTRUCTION UNLESS OTHERWISE COORDINATED WITH ANDAPPROVED BY AFFECTED UTILITY PROVIDERS AND CUSTOMERS.10.CONTRACTOR IS ADVISED THAT THE EXISTING UTILITIES SHOWN ARE BASED ON SURVEY ANDASBUILT DATA AVAILABLE AT TIME OF DESIGN.C1.1SITE DEMOLITION& EROSIONCONTROL PLANTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH 935 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.LEGENDPROPOSED FULL-DEPTH PAVEMENTPROPOSED CONCRETEPROPOSED HANDICAP SIGN(FTP-20-06 & FTP-22-06)STOPPROPOSED STOP SIGN(R1-1)PROPOSED BUILDINGPROPOSED MIL & RESURFACER4'R4'R6'R5'R1 4 ' R 1 4 'EXISTING BUILDING131437EXIST. 2' VALLEY GUTTEREXIST. 2' VALLEY GUTTEREXISTING MAILBOXEXIST. FENCE (TYP.)EXIST. FENCE (TYP.)EXIST. 2' VALLEY GUTTEREXIST. TYPE "D" CURBEXIST. SIGN (TYP.)EXIST. LIGHTPOLE (TYP.)EXIST. BOLLARD (TYP.)EXIST. FPL PADEXIST. ELECTRIC METEREXIST. R/WEXIST. R/WEXIST. PROPERTY BOUNDARYEXIST. PROPERTY BOUNDARYEXIST. FENCE (TYP.)EXIST. R/WEXIST. PROPERTY BOUNDARYPJM AT QUANTUM PARKPLAT BOOK 76, PAGE 50QUANTUM PARK ATBOYNTON BEACH P.I.D.PLAT NO.10PLAT BOOK 60, PAGE 34EXIST. R/W16.5'9.5'7'STOP5'PROP. 24" STOP BAR (TYP.)EXIST. CATCH BASIN (TYP.)EXIST. SUMP PUMP (TYP.)2' OVERHANG 2' OVERHANG PROP. TRANSFORMERLOCATIONPROPOSEDBUILDINGF.F.E. = 14.50R12'R34'R8'R3'R66'R55'15' U .E .P.B 60 , PG . 34 P .B .C .R .15' U.E. (FPL & SB)P.B 60, PG. 34 P.B.C.R.15' U.E. (FPL & SB) P.B 60, PG. 34 P.B.C.R.15' U.E.12' U.E.30.9' DRIVE AISLE 2' OVERHANG10'10'PROP. DUMPSTERLOCATION10'PROP. 6" THERMOWHITE STRIPING (TYP)PROP. CR-CPER FDOTINDEX 522-002PROP. CONC. STAIRSWITH HANDRAILS (TYP.)PROP. CONC. RAMPWITH HANDRAILSEXIST. LIGHT POLE (TYP.)FTP-22-06FTP-20-06SFWMD C-16 CANAL(O.R.B. 1064, PG 45)PROP. FULL DEPTHPAVEMENTPROP. MILL & RESURFACE50'22'R3'R5'R8'R14'R14'2' OVERHANG25'DRIVE AISLE24'DRIVE AISLER 1 0 'PROP. TYPE "D" CURB (TYP.)PROP. TYPE "D" CURB (TYP.)PROP. TYPE "D" CURB (TYP.)15'x15' SIGHT TRIANGLE15'x15' SIGHT TRIANGLE15'x15' SIGHT TRIANGLE15'x15' SIGHT TRIANGLEPROP. 5' CONC WALKR 5 'R9'R 9 ' 24'30' FRONT S.B.25'-0"24'-0"24'10'15'16'17'15'ACCESSIBILITY NOTES:1.ACCESSIBLE ROUTES SHALL BE CONSTRUCTED TO MEET THEREQUIREMENTS OF THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.2.ALL WALKS CROSSING A VEHICULAR AREA SHALL HAVEDETECTABLE WARNING SURFACE (TRUNCATED DOME) INACCORDANCE WITH THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.3.CURB RAMP SLOPES AND DIMENSIONS SHALL BE IN ACCORDANCEWITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)STANDARD INDEX NO. 304. AND 406, 405.2 THROUGH 405.5 & 405.10OF THE FLORIDA ACCESSIBILITY CODE FOR BUILDINGCONSTRUCTIONC2.1SIGNING, STRIPING& GEOMETRICPLANTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH 936 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.LEGENDPROPOSED FULL-DEPTH PAVEMENTPROPOSED CONCRETEPROPOSED HANDICAP SIGN(FTP-20-06 & FTP-22-06)STOPPROPOSED STOP SIGN(R1-1)PROPOSED BUILDINGPROPOSED MIL & RESURFACE12' U.E.ACCESSIBILITY NOTES:1.ACCESSIBLE ROUTES SHALL BE CONSTRUCTED TO MEET THEREQUIREMENTS OF THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.2.ALL WALKS CROSSING A VEHICULAR AREA SHALL HAVEDETECTABLE WARNING SURFACE (TRUNCATED DOME) INACCORDANCE WITH THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.3.CURB RAMP SLOPES AND DIMENSIONS SHALL BE IN ACCORDANCEWITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)STANDARD INDEX NO. 304. AND 406, 405.2 THROUGH 405.5 & 405.10OF THE FLORIDA ACCESSIBILITY CODE FOR BUILDINGCONSTRUCTIONC2.2TO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH FIRE RESCUEVEHICLE ACCESSPLAN937 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.LEGENDPROPOSED FULL-DEPTH PAVEMENTPROPOSED CONCRETEPROPOSED HANDICAP SIGN(FTP-20-06 & FTP-22-06)STOPPROPOSED STOP SIGN(R1-1)PROPOSED BUILDINGPROPOSED MIL & RESURFACE12' U.E.ACCESSIBILITY NOTES:1.ACCESSIBLE ROUTES SHALL BE CONSTRUCTED TO MEET THEREQUIREMENTS OF THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.2.ALL WALKS CROSSING A VEHICULAR AREA SHALL HAVEDETECTABLE WARNING SURFACE (TRUNCATED DOME) INACCORDANCE WITH THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.3.CURB RAMP SLOPES AND DIMENSIONS SHALL BE IN ACCORDANCEWITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)STANDARD INDEX NO. 304. AND 406, 405.2 THROUGH 405.5 & 405.10OF THE FLORIDA ACCESSIBILITY CODE FOR BUILDINGCONSTRUCTIONC2.3TO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH REFUSE VEHICLEACCESS PLAN938 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.LEGENDPROPOSED FULL-DEPTH PAVEMENTPROPOSED CONCRETEPROPOSED HANDICAP SIGN(FTP-20-06 & FTP-22-06)STOPPROPOSED STOP SIGN(R1-1)PROPOSED BUILDINGPROPOSED MIL & RESURFACE12' U.E.ACCESSIBILITY NOTES:1.ACCESSIBLE ROUTES SHALL BE CONSTRUCTED TO MEET THEREQUIREMENTS OF THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.2.ALL WALKS CROSSING A VEHICULAR AREA SHALL HAVEDETECTABLE WARNING SURFACE (TRUNCATED DOME) INACCORDANCE WITH THE FLORIDA ACCESSIBILITY CODE FORBUILDING CONSTRUCTION.3.CURB RAMP SLOPES AND DIMENSIONS SHALL BE IN ACCORDANCEWITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)STANDARD INDEX NO. 304. AND 406, 405.2 THROUGH 405.5 & 405.10OF THE FLORIDA ACCESSIBILITY CODE FOR BUILDINGCONSTRUCTIONC2.4TO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH DELIVERYVEHICLE ACCESSPLAN939 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.EXISTING WATERMAINEXISTING WATER SERVICEPROPOSED STORM DRAINAGE LINEW/ STORM STRUCTUREPROPOSED WATERMAINLEGENDSTRUCTURE NUMBERRIM ELEVATIONINVERTSTRUCTURE BOTTOMS-10000.00 RIM0.000.00 BOTPROPOSED FULL-DEPTH PAVEMENTPROPOSED CONCRETEPROPOSED FIREEXISTING ELEVATIONPROPOSED ELEVATIONPROPOSED BUILDINGPROPOSED SANITARYEXISTING SANITARY LINEEXISTING STORM DRAINAGE0.00PROPOSED MIL & RESURFACE1 1 . 4 8 11.09EXISTING BUILDINGF.F.E. = 13.40BETA DRIVE 50' R/W PARK RIDGE BLVD.100' R/WPROP. 150 LF 18" RCP STM @ 0.00%w/ 138 LF 4'x4' EXFILTRATION TRENCH15' U . E .15' U.E.50'S-10113.33 RIM5.63 E3.63 BOTPROP. 79 LF 18" RCP STM @ 0.00% w/67 LF 4'x4' EXFILTRATION TRENCHPROP. 38 LF 18" RCP STM @ 0.00% w/31 LF 4'x4' EXFILTRATION TRENCHPROP. 26 LF 18"RCP STM @ 0.20%S-10213.00 RIM5.63 W5.63 S3.63 BOTS-10513.50 RIM5.63 N5.63 S5.63 E3.63 BOTS-10612.50 RIM5.58 W±5.58 NE3.58 BOTPROPOSEDBUILDINGF.F.E. = 18.5814.33EXIST. 21" CMP STMEXIST. 2' VALLEY GUTTEREXIST. 36" CMP STMEXIST. 2' VALLEY GUTTEREXIST. TYPE "D" CURBPROP. 2' VALLEY GUTTERMATCH EXIST. GRADESSFWMD C-16 CANAL(O.R.B. 1064, PG 45)EXIST. SUMP PUMPEXIST. R/WEXIST. R/WEXIST.PROPERTYBOUNDARYEXIST. PROPERTY BOUNDARYEXIST. FENCE (TYP.)EXIST. R/WEXIST. 18" STMPIPE STUBEXIST. STM PIPEEXIST. PROPERTY BOUNDARYEXIST. CATCH BASINRIM EL. = 11.35EXIST. CATCH BASINRIM EL. = 11.6415' U.E.EXIST. PROPERTY BOUNDARYEXIST. R/WEXIST. R/W13.8313.6513.9614.4614.5513.6913.6013.8013.7013.7013.7013.7014.05 (HP)14.20PROP. MILL & RESURFACEEX-CB-510.51 RIM4.92 S3.30 BOTEX-CB-111.25 RIM5.46 N5.51 E5.51 BOTEX-CB-211.83 RIM8.28 N8.15 BOTEX-CB-411.28 RIM8.25 S8.13 BOTEX-CB-312.65 RIM8.12 BOT50'22'DRIVEWAY AND CURB TO BECONSTRUCTED PER FDOTINDEX 522-003S-10413.60 RIM5.63 W5.63 S3.63 BOTPROP. 55 LF 18" RCP STM @ 0.00% w/48 LF 4'x4' EXFILTRATION TRENCHA-AC4.3B-BC4.3C-CC4.3D-DC4.3PROP. TYPE "D" CURB (TYP.)PROP. TYPE "D" CURB (TYP.)PROP. TYPE "D" CURB (TYP.)13.1413.1413.3313.2113.0513.47MATCH EXISTINGGRADES (TYP.)12.8012.80 RIMRAISE RIM TONEW GRADEPROP. CR-CPER FDOTINDEX 522-00213.2413.20SEE DUMPSTER ENCLOSURE DETAILS 2AND 3 ON ARCHITECTUAL PLAN SHEETA1.03 FOR SPECIFICATIONS14.5014.5014.5516.4916.3918.5818.5817.1617.0514.5514.55E-EC4.310.4812.0012.8010.5311.70YD-110.48 RIM7.35 E5.35 BOTPROP. 61 LF 12"PVC STM @ 1.00%YD-314.00 RIM6.24 NW6.24 SE4.24 BOTYD-211.00 RIM6.62 NW6.62 W4.62 BOTPROP. 38 LF 12"PVC STM @ 1.00%PROP. 73 LF 12"PVC STM @ 1.00%S-10313.75 RIM5.63 N5.63 SE3.63 BOT±NOTES:1.ALL DRAINAGE STRUCTURES DESIGNATED U.S.F. 170 MANHOLE LIDS TO BE LABELED "STORM".2.CONTRACTOR IS ADVISED THAT THE EXISTING UTILITIES SHOWN ARE BASED ON SURVEY AND ASBUILT DATA AVAILABLEAT TIME OF DESIGN.3.FIELD VERIFY LOCATION OF EXISTING UTILITIES PRIOR TO SHOP DRAWING SUBMITTAL AND/OR COMMENCEMENT OFCONSTRUCTION.4.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE LOCATION, DEPTH AND CONDITION OF ALLEXISTING UNDERGROUND UTILITIES PRIOR TO SHOP DRAWING SUBMITTAL AND/OR COMMENCEMENT OFCONSTRUCTION.5.IT SHALL ALSO BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT AND SUPPORT THESE EXISTING UTILITIES ANDMAINTAIN CONTINUOUS SERVICE OF ALL UTILITIES DURING THE ENTIRE COURSE OF CONSTRUCTION UNLESSOTHERWISE COORDINATED WITH AND APPROVED BY AFFECTED UTILITY PROVIDERS AND CUSTOMERS.6.CONTRACTOR TO POTHOLE & LOCATE ALL EXISTING UTILITIES PRIOR TO SUBMITTAL OF SHOP DRAWINGS AND/ORCOMMENCEMENT OF CONSTRUCTION. PROVIDE WRITTEN CONFIRMATION/DIAGRAMS OF ALL UTILITIES WITHIN THELIMITS OF CONSTRUCTION OR ANTICIPATED CONSTRUCTION (HORIZONTAL & VERTICAL LOCATIONS, PIPE SIZES, ETC.)C3.1PAVING, GRADING &DRAINAGE PLANEXFILTRATION TRENCH CALCULATIONS:PER SFWMD PERMIT No. 50-01503-S & LWDD PROJECT No. 01-323D.37:12" RUNOFF OF DRY PRETREATMENT PRIOR TO DISCHARGE INTO MASTER SYSTEM WILL BE PROVIDEDON SITE BY EXFILTRATION TRENCH.DRY PRETREATMENT REQUIRED= 1.45 AC x 12" x 112 = 0.725 AC-INLENGTH OF 4'x4' EXFILTRATION TRENCH REQUIRED= 119 LFLENGTH OF 4'x4' EXFILTRATION TRENCH PROVIDED= 284 LFVOLUME TREATED= 3.57 AC-INTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH 940 16.5"HANDICAP & STANDARD PARKING STALL STRIPING DETAILSCALE: 1" = 10'NOTE: MAXIMUM 2.0% SLOPE IN ANY DIRECTION4" WHITE STRIPE4" WHITE STRIPE(TYP)9.5'12'4" WHITE STRIPE45°, 4' O.C.5'4" BLUESTRIPE4" BLUESTRIPE4" WHITE STRIPE4" BLUESTRIPE4" WHITESTRIPEHANDICAP SIGN (FTP-20-06) &$250 FINE SIGN (FTP-22-06)(TYPICAL ALL HANDICAP STALLS)9.5'2' OVERHANG TYPE "D" CURB(TYP)TYPICAL FILTER FABRIC FENCEDETAILN.T.S.NOTES1.MESH TO BE BENT, LAID FLAT ON BOTTOM OF TRENCH AND BACKFILLED.2.POSTS TO BE DRIVEN A MINIMUM OF TWO (2) FEET INTO THE GROUND.3.SILT FENCE TO BE PLACED ALL AROUND CLEARING PERIMETERS.10' - 0" O.C.36"4"4"FLOWFLOW1WRAP EXISTING & PROPOSED INLETGRATES WITH FILTER FABRIC DURINGCONSTRUCTION.NOTES:1.PROTECT ALL EXISTING AND PROPOSED INLETS DURING CONSTRUCTION.2.SWEEP ROADS AND CONSTRUCTION SITE PERIODICALLY TO REMOVE CONSTRUCTION DEBRIS AND SEDIMENT.3.STORM DRAINAGE TO BE SEDIMENT AND SILT FREE DURING CONSTRUCTION AND AT FINAL SITE WALK THROUGH.INLET PROTECTIONDETAILN.T.S.2TYPICAL PAVEMENT MATCH SECTIONN.T.S.NOTE:REFER TO PAVEMENT SECTIONS FOR MATERIAL THICKNESSDETAIL12"12"LIMITS OF PAVEMENTSHOWN ON PLANSEXIST. PAVEMENTTO REMAINPROPOSEDBASEPROPOSEDSUBGRADEEXIST. BASEEXIST.SUBGRADEEXISTING PAVEMENTWHERE PROPOSED PAVEMENT MEETSEXISTING PAVEMENT, REMOVE ASPHALTICCONCRETE SURFACE COURSE OFLEVELING COURSE, SAWCUT NEAT TRIMEDGE AND TACK COAT JUST PRIOR TOINSTALLATION OF NEW SURFACE COURSE.PROPOSED PAVEMENT3TYPICAL CONCRETE SIDEWALKN.T.S.EXPANSION JOINTSIDEWALK PLAN VIEWDETAILCONTRACTION JOINTSIDEWALK CROSS SECTIONEXPANSION JOINTWIDTH PER PLANTOOLED EDGES - 1/8" R (TYP)PER PLAN 120' MAX BETWEEN EXPANSION JOINTS(PER FDOT INDEX 522-001)SAME ASWIDTHDUMMY GROOVECONTRACTION JOINT(TYP)NOTE:PROVIDE EXPANSION JOINTS WHERE SIDEWALK ABUTSSTRUCTURES OR OTHER SIDEWALKS. EXPANSIONJOINTS REQUIRED EVERY 120 LF.1/8"1/4" OF THICKNESS1/2" NOTES:1.4" THICK CONCRETE (3,000 PSI) ON 12" THICK COMPACTED SUBGRADE(98% AASHTO T-180). SIDEWALKS SHALL BE 6" THICK AT DRIVEWAYS &TRAFFIC AREAS.2.SIDEWALKS TO BE BROOM FINISHED WITH EVEN, DUSTLESS SURFACE.CONTROL JOINTS TO BE SPACED EQUALLY ON CENTER PER ACI 330.JOINTS TO BE CUT WITHIN 4 TO 12 HOURS OF PLACEMENT. JOINTS TOBE NO FURTHER APART THAN 30 TIMES SLAB THICKNESS.3.EXPANSION JOINTS REQUIRED EVERY 50 FEET (120 LF MAX), AT EACHCHANGE OF DIRECTION, AND WHEN SIDEWALK ABUTS BUILDING.4TYPICAL STREET/STOP SIGNDETAILN.T.S.24", 30", 36" or 42" LONGSTREET NAME SIGN(SNS) OR (D3)GENERAL SPECIFICATIONS:FLAT BLADE: ALCOA #86054.6063-T6 ALLOY, ETCHED,DEGREASED WITH #1200 ALODINE FINISH WITH #3877GREEN DIAMOND GRADE BACKGROUND AND EQUALDIMENSIONS - 9" & 12" MIN. H, 24", 30" 36" AND 42" L.LETTERS: NAME - 6" UPPERCASE WITH 4.5"LOWERCASE & 9" UPPERCASE WITH 6.75"LOWERCASE SERIES 'B' #3870 DIAMOND GRADE(SILVER) OR EQUAL - SUFFIX - 4.5".POST: SQUARE POST PER FDOT INDEX 11860.BRACKETS SHALL BE ATTACHED FIRMLY ONSTANDARD SQUARE TUBE POSTS BY MEANS OF (2)516" DIAMETER HEX HEAD BOLTS.STOP SIGN: R1-1 MUTCD - (DIAMOND GRADE)LOCATION: ONE PER INTERSECTION AS INDICATEDON THE PLANS.POLICY: 9" BLADES WITH 6" UPPERCASE WITH 4.5"LOWERCASE LETTER FOR TWO LANE ROADS WITH ASPEED LIMIT UNDER 45 MPH.12" BLADES WITH 9" UPPERCASE WITH 6.75"LOWERCASE LETTER FOR:- THOROUGHFARE ROADS FOUR LANES OR WIDER.- TWO OLANE ROADS WITH A POSTED SPEED LIMITOF 45 MPH OF MORE.ONLY ONE BLADE WILL BE INSTALLED ATINTERSECTION WITH THOROUGHFARE ROADINDICATING THE SIDE STREET NAME.9" OR 12"9" OR 12"1/4"FRONT VIEWEND VIEWLAGOON ST.TYPICAL STOP SIGN PLACEMENTCURBED SECTIONUNCURBED SECTION2' FROM EDGE OF SIGNTO FACE OF CURB6' TO 12' **** FROM THROUGH LANE30' MAX **6' MIN. *30' MAX* AT RADIUS WHEN POSSIBLE 30' MAX FROM THROUGH LANESTOPGROUNDSURFACE7/16" / HOLES ORDIE-PUNCHEDKNOCKOUTS @ 1"CENTERSELEVATIONSTEEL SQUARE TUBE POST DETAILSISOMETRIC VIEWSIGNPOST3'0" - MINIMUMSOIL EMBEDMENT 2"2".105"ANY ST.7'30"BLADEPOST3' MIN.7DETAIL8PAVING AND CONCRETE SPECIFICATIONSN.T.S.TYPEWEARING SURFACEBASESUB-GRADEON-SITE PAVING & CONCRETE SPECIFICATIONS8" THICK, BASEROCKCOMPACTED IN TWO EQUALLIFTS TO 98% MAXIMUM DRYDENSITY A.A.S.H.T.O. T-180(LBR 100)12" THICK, COMPACTED TO 98%MAXIMUM DRY DENSITYA.A.S.H.T.O. T-1802" THICK, TYPE S-III A.C.S.C.OR SP 9.5 - TWO LIFTS(FIRST LIFT TO BE 1" AND2ND LIFT TO BE 1")ASPHALTCONCRETE- SIDEWALKS4" THICK CONCRETE (3,000 PSI) TO BE PLACED AT TIME OF CONSTRUCTION WITH 4" COMPACTED BASE(6" THICK AT DRIVEWAYS). SIDEWALKS TO BE BROOM FINISHED WITH EVEN, DUSTLESS SURFACE.CONTROL JOINTS TO BE SPACED 5' ON CENTER. EXPANSION JOINTS REQUIRED EVERY 50 FEET, ATEACH CHANGE OF DIRECTION, AND WHEN SIDEWALK ABUTS BUILDING.DETAIL5HANDICAP & STANDARD PARKING STALL STRIPING DETAILN.T.S.C4.1PAVING, GRADING& DRAINAGEDETAILSTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsEXFILTRATION TRENCHDETAILN.T.S.GENERAL NOTES:1.CONFORM WITH ALL REQUIREMENTS OF FDOT INDEX NO. 285 EXCEPT AS SHOWN ON OR MODIFIED BY THIS DETAIL ANDTHESE GENERAL NOTES.2.FILTER FABRIC SHALL BE "MIRAFI" TYPE 160N, AND SHALL CONFORM WITH SECTION 985 OF THE FDOT SPECIFICATIONS. ALLFILTER FABRIC JOINTS SHALL LAP A MINIMUM OF TWO (2) FEET.3.PROVIDE CLEAN SAND BACKFILL ABOVE EXFILTRATION TRENCH LOCATED UNDER GRASSED AREAS. PROVIDE SELECTBACKFILL IN ACCORDANCE WITH SECTION 443 OF THE FDOT SPECIFICATIONS ABOVE EXFILTRATION TRENCH LOCATEDUNDER ROADWAY PAVEMENT OR DRIVEWAY PAVEMENT.FILTER FABRICENVELOPEC/LC/L OF STRUCTURE12" MIN.FULL WIDTH ON TOPPERFORATED ORSLOTTED PIPE5.0 MINIMIUMBOTTOM WIDTH2.5'2.5'FILTER FABRICENVELOPETOPBOTTOMINVERT2.5' MINIMUM 2.5' MINIMUM 1' MINIMUM 5' MINIMUM TRENCH DEPTHNo. 4 COURSEAGGREGATEEL. 8.13EL. 3.13EL. 5.63BACKFILL(SEE NOTE #3)CROSS SECTIONN.T.SLONGITUDINAL SECTIONN.T.SVARIES(4' MIN.)NON-PERFORATED PIPE(8' TYP.)1'MIN.VARIESPERFORATED PIPETRENCH LENGTH- SEE PLANSFILTER FABRICENVELOPEFILTER FABRICENVELOPENo. 4 COURSEAGGREGATE2118" SUMP 6941 C4.2PAVING, GRADING& DRAINAGEDETAILSTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsEFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISION········TYPICAL STORMWATER INLET GRATEDETAIL FOR ALL AREAS04/22EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONSWALE REPLACEMENT DETAIL04/22EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONTYPICAL TRENCH DETAIL04/22EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONROAD CROSSING PIPE INSTALLATION UNDER EXISTINGROADWAY - OPEN CUT04/22TYPICAL TYPE "D" CURBDETAILN.T.S.6"6"8"6"18"PAVEMENTBASESUB-GRADE2" R10TYPICAL CONCRETE VALLEY GUTTERDETAILN.T.S.6 1/4"6"PAVEMENT10"BASESUB-GRADE24"7 1/2"1'-2"1/4"3/ 4 " RNOTE:SAWCUTS REQUIRED AT 10' CENTERS9942 SECTION A-A (EAST PROPERTY LINE) - DRIVEWAYSCALE: 1" = 10'P/LBETA DRIVESITE2.0' VALLEYGUTTER2.86%7.19%12.2011.8211.8213.60SECTION B-B (WEST PROPERTY LINE)SCALE: 1" = 10'PROPOSED BLDG.F.F.E = 18.58P/L1.0' FLATSWALEBOT EL. = 12.80 (VARIES)4H:1VMAX17.0'12.0'M.E. ±15.802.35%STEM WALLSECTION C-C (SOUTH PROPERTY LINE)SCALE: 1" = 10'PROPOSED BLDG.F.F.E = 18.58LOT LINE4H:1VMAX15.0'5.0'MIN. PERIMETER ELEV. = 12.48MATCH EXISTING±11.006.0'4H:1VMAX10.53STEM WALLSECTION D-D (SITE CONNECTION)SCALE: 1" = 10'±1%±12.6212.85EXISTING SITESITESECTION E-E (SOUTHEAST PROPERTY LINE)SCALE: 1" = 10'PROPOSED BLDG.F.F.E = 18.5815' U.E.MATCH EXISTING±11.3014.50MIN. PERIMETER ELEV. = 12.4812.004H:1V MAX5'2'10'6'LOT LINESTEM WALLC4.3PAVING, GRADING& DRAINAGEDETAILSTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsDETAIL11SECTION A-A (EAST PROPERTY LINE)SCALE: 1" = 10' DATUM = NAVD '88DETAIL13SECTION B-B (NORTH PROPERTY LINE)SCALE: 1" = 10' DATUM = NAVD '88DETAIL12SECTION C-C (SOUTH PROPERTY LINE)SCALE: 1" = 10' DATUM = NAVD '88DETAIL14SECTION D-D (INTERNAL STREET SECTION)SCALE: 1" = 10' DATUM = NAVD '88DETAIL15SECTION E-E SOUTHEAST PROPERTY LINESCALE: 1" = 10' DATUM = NAVD '88943 DATUM = NAVD '88NGVD '29 CONVERSION FACTOR = (+)1.546'SEC. 20 - TWP. 45 S - RGE. 43 ELOCATION MAPN.T.S.SITENORTH I-95BOYNTON BEACH BLVDOLD BOYNTON ROADN CONGRESS AVE GATEWAY BLVDPARK R I D G E B L V DBETA DR.EXISTING WATERMAINEXISTING WATER SERVICEPROPOSED STORM DRAINAGE LINEW/ STORM STRUCTUREPROPOSED WATERMAINLEGENDPROPOSED FULL-DEPTH PAVEMENTPROPOSED CONCRETEPROPOSED FIREPROPOSED SANITARYEXISTING SANITARY LINEEXISTING STORM DRAINAGEPROPOSED MIL & RESURFACEEXISTING BUILDINGF.F.E. = 13.40BETA DRIVE 50' R/W PARK RIDGE BLVD.100' R/W50'PROPOSEDBUILDINGF.F.E. = 14.50EXIST. 2' VALLEY GUTTEREXIST. 2' VALLEY GUTTEREXIST. TYPE "D" CURBSFWMD C-16 CANAL(O.R.B. 1064, PG 45)EXIST. R/WEXIST. R/WEXIST.PROPERTYBOUNDARYEXIST. PROPERTY BOUNDARYEXIST. FENCE (TYP.)EXIST. R/WEXIST. PROPERTY BOUNDARYEXIST. PROPERTY BOUNDARYEXIST. R/WEXIST. R/WEXIST. 6" DIP WMEXIST. 6" DIP WMEXIST. 8" VCP SANEXIST. 6" SANEXIST. 6" DIP WMEXIST. FIREHYDRANTEXIST. 10" DIP WMEXIST. FIRE HYDRANTEXIST. FDCEXIST. WATERSERVICE LINE (TYP.)CONNECT TO EXIST. 8" VCP SAN w/ 6"x8" WYEEXIST. 8" VCP SANPROP. 6" SAN C-900 PVC @ 1.0% MIN. SLOPEPROP. 6" IN-LINEC.O. TO GRADEPROP. 6" SIZE ON SIZE TAPPING SLEEVETO CONNECT TO EXIST. 6" DIP WMGV #3 & SP #2PROP. 6" GV #2PROP. 6" DIP FIRE LINEPROP. 6" TEE, FDC & 6" DIP BRANCHPROP. 6" DCDAPROP. 2" GV #1PROP. 2" DOUBLE STRAP TAPPINGSADDLE W/ 2" CORP STOPSP #1PROP. 2" WTR MTRPROP. 2" RPZPROP. 2" WTR SVC15 ' U . E . P. B 6 0 , P G . 3 4 P . B . C . R .15' U.E. (FPL & SB)P.B 60, PG. 34 P.B.C.R.15' U.E. (FPL & SB) P.B 60, PG. 34 P.B.C.R.15' U.E.EX-SMH-311.40 RIM0.49 S-1.43 E-1.62 WEX-SMH-112.10 RIM3.64 N5.21 EEX-SMH-212.09 RIM2.25 N2.30 SBOP.TOPFIN. GRD.13.396" DIP WM = 8.7718" RCP STM = 7.13BOP.TOPFIN. GRD.13.372" WTR SVC = 10.2718" RCP STM = 7.13PROP. FIREHYDRANT ASSEMBLYPROP. 6" DIP WMPROP. 6"-45DEGREE BENDPROP. 6"-45DEGREE BENDPROP. FDCBOP.TOPFIN. GRD.13.372" WTR SVC = 10.276" DIP WM = 9.27PROP. 6"-45DEGREE BENDPROP. 6"-45DEGREE BENDPROP. 2"-45DEGREE BENDSPROP. 6" IN-LINEC.O. TO GRADEPROP. 4" BOLLARDS(SEE BOYNTON DETAIL G-16)NOTES:1.CONTRACTOR IS ADVISED THAT THE EXISTING UTILITIES SHOWN ARE BASED ON SURVEY AND ASBUILT DATA AVAILABLEAT TIME OF DESIGN.2.FIELD VERIFY LOCATION OF EXISTING UTILITIES PRIOR TO SHOP DRAWING SUBMITTAL AND/OR COMMENCEMENT OFCONSTRUCTION.3.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE LOCATION, DEPTH AND CONDITION OF ALLEXISTING UNDERGROUND UTILITIES PRIOR TO SHOP DRAWING SUBMITTAL AND/OR COMMENCEMENT OFCONSTRUCTION.4.IT SHALL ALSO BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT AND SUPPORT THESE EXISTING UTILITIES ANDMAINTAIN CONTINUOUS SERVICE OF ALL UTILITIES DURING THE ENTIRE COURSE OF CONSTRUCTION UNLESSOTHERWISE COORDINATED WITH AND APPROVED BY AFFECTED UTILITY PROVIDERS AND CUSTOMERS.5.CONTRACTOR TO POTHOLE & LOCATE ALL EXISTING UTILITIES PRIOR TO SUBMITTAL OF SHOP DRAWINGS AND/ORCOMMENCEMENT OF CONSTRUCTION. PROVIDE WRITTEN CONFIRMATION/DIAGRAMS OF ALL UTILITIES WITHIN THELIMITS OF CONSTRUCTION OR ANTICIPATED CONSTRUCTION (HORIZONTAL & VERTICAL LOCATIONS, PIPE SIZES, ETC.)6.SIZE ON SIZE TAPS FOR POTABLE WATER IS ONLY ALLOWED FOR D.I.P. MAINS. IF A MAIN IS P.V.C., THEN A CUT-IN TEE ISREQUIRED.C5.1POTABLE WATER& SANITARY SEWERPLANTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsSCALE: 1" = 30'3015509060NORTH 944 C6.1POTABLE WATER &SANITARY SEWERDETAILSTO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsEFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISION··WATER MAINS SEWER SEPARATIONSTATEMENT05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONHORIZONTAL SEPARATION DETAIL05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONVERTICAL SEPARATION DETAIL05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONTYPICAL TRENCH DETAIL05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONROAD CROSSING PIPE (12" & SMALLER) INSTALLATIONUNDER EXISTING ROADWAY - OPEN CUT05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONPRESSURE TEST CRITERIA05/24945 C6.2TO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsPOTABLE WATER &SANITARY SEWERDETAILSEFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONEFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONTYPICAL WATER SERVICE INSTALLATION05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONWATERSAMPLING POINT (IN-LINE)TYPICAL GATE VALVE SETTINGAND CUT-IN DETAIL05/2405/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONTYPICAL RESIDENTIAL & COMMERCIALWATER SERVICE05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONBACKFLOW DEVICE FOR 3/4" TO 2"WATER METER05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONPOTABLE WATER SERVICE WITH CUSTOM SETTERSINGLE 1-1/2" THRU 2" METER INSTALLATION DETAIL05/24DFWB40WBC-14-1T 63D946 C6.3TO THE BEST OF MY KNOWLEDGE THE PLANSAND SPECIFICATIONS COMPLY WITH THEAPPLICABLE MINIMUM BUILDING CODES ASDETERMINED BY THE LOCAL AUTHORITY INACCORDANCE WITH THE 2023 FLORIDABUILDING CODE, 8TH EDITION ALLAMENDMENTS AND SECTION 633 OF THEFLORIDA STATUTES.www.KrchitectsInc.com$Oe[is KniJht$rchitects, Inc.100 NE 6th St. Ste. 102Boynton Beach, FL 33435Phone: (561) 374-9242License Number: AR26002172Copyright AKArchitects, Inc. 2010STEVEN W. KNIGHT R.A.FLORIDA R.A. #15312ARCHITECTPROJECTREVISIONSCALEDATEPROJECT NO.PROJECT ADDRESSSUBMITTAL PHASESHEET CONTENTSSHEET NO.PROJECT NO.LAYOUTDRAWNREVIEWEDFEEDING SOUTHFLORIDA4925 PARK RIDGE BLVD,BOYNTON BEACH, FL 3342623-006823-0068AS SHOWN2024-11-20DBDBSKP & Z SUBMITTALTHIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYGABRIEL BURDEN, P.E. ON THE DATE ADJACENT TO THESEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOTCONSIDERED SIGNED AND SEALED AND THE SIGNATUREMUST BE VERIFIED ON ANY ELECTRONIC COPIES.NO. 75425GA B RI EL BURDENSTATE OFPROFESSIONAL ENGINEERFLORIDA LI CENSE1400 Centrepark Blvd, Suite 905West Palm Beach, FL 33401T: 561.659.5760 F: 561.659.5772www.civil-design.comRegistry No. 9664CIVIL DESIGN, INC.Service Driven Design ~ Engineered ResultsPOTABLE WATER &SANITARY SEWERDETAILSEFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONDOUBLE DETECTOR CHECKBACKFLOW ASSEMBLY05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONTAPPING SLEEVE AND VALVEINSTALLATION DETAIL05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONWASTEWATER SERVICETYPICAL CONNECTIONS05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONWASTEWATER SERVICE STANDARD CUT-IN DETAIL05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONSINGLE SERVICE SEWER LATERAL05/24EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISIONTYPICAL CLEANOUT INSTALLATION05/24947 CBL=150.76'? 143º 58' 04"R=60.00'N 01º 09" 05" E 390.28'FH CLP S1 MH: 20 S1 MH: 20 S1 MH: 20 S1 MH: 20 S2 MH: 20 S2 MH: 20 S2 MH: 20 S2 MH: 20 0.7 1.1 0.7 0.5 1.2 1.5 0.6 2.9 3.4 2.7 2.0 3.3 3.9 1.9 3.6 5.0 3.9 3.7 4.2 5.7 4.3 5.2 4.4 4.6 4.6 5.0 4.2 5.2 4.4 4.4 4.5 5.3 3.6 4.8 3.8 3.2 3.8 2.7 3.2 2.3 1.3 2.3 2.9 1.0 1.6 0.9 0.5 0.8 1.0 3.1 3.2 2.1 1.0 1.9 2.8 3.6 2.3 3.6 4.5 3.4 4.2 5.3 5.2 4.1 3.6 4.3 5.2 4.8 3.7 2.8 4.0 5.7 3.3 2.4 1.5 3.2 3.8 1.1 0.7 0.5 1.1 0.9 1.1 0.7 0.8 1.1 0.7 3.4 3.3 2.6 2.7 3.4 3.0 1.6 3.5 4.6 4.9 4.6 3.8 2.3 2.1 3.6 4.5 4.9 4.6 3.7 2.1 4.1 4.7 4.6 4.5 4.9 3.7 0.7 2.4 3.7 4.4 4.2 3.1 1.3 0.9 2.2 3.0 3.3 3.1 2.3 1.1 5.3 5.5 5.3 0.5 2.2 3.8 4.3 4.3 3.6 2.0 0.6 0.6 0.9 1.0 1.0 0.8 0.7 1.9 4.6 5.3 5.5 5.3 5.3 0.9 3.2 4.6 5.1 5.1 4.5 3.2 1.1 1.1 2.2 2.7 2.8 2.4 1.4 1.1 4.1 4.6 4.5 4.4 4.9 3.7 4.2 4.6 4.6 4.2 3.3 1.3 2.6 3.8 4.4 4.5 4.0 3.0 1.2 3.3 3.2 2.4 2.6 3.3 2.9 0.9 3.3 4.9 5.1 4.9 5.3 3.6 1.2 0.8 0.9 0.6 0.9 0.6 0.1 0.1 0.1 0.1 0.3 0.3 0.3 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 S2 MH: 20 S2 MH: 20 3.3 4.9 5.1 4.9 5.3 3.6 Photometrics Calculation Software Generated Luminaire Schedule Symbol Qty Label Arrangement Lum. Lumens Arr. Lum. Lumens LLF Lum. Watts Arr. Watts 6 S1 Single 9839 9839 0.900 121 121 4 S2 Single 9839 9839 0.900 121 121 Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min PARKING LOT Illuminance Fc 3.04 5.7 0.5 6.08 11.40 PROPERTY LINE Illuminance Fc 0.09 0.3 0.0 N.A.N.A. TO THE BEST OF MY KNOWLEDGE THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE 2023 FLORIDA BUILDING CODE, 8TH EDITION ALL AMENDMENTS AND SECTION 633 OF THE FLORIDA STATUTES. www.K rchitectsInc.com Alexis Knight Architects, Inc. 100 NE 6th St. Ste. 102 Boynton Beach, FL 33435 Phone: (561) 374-9242 License Number: AR26002172 Copyright AKArchitects, Inc. 2010 STEVEN W. KNIGHT R.A. FLORIDA R.A. #15312 ARCHITECT PROJECT REVISION SCALE DATE PROJECT NO. PROJECT ADDRESS SUBMITTAL PHASE SHEET CONTENTS SHEET NO. PROJECT NO. LAYOUT DRAWN REVIEWED FEEDING SOUTH FLORIDA 4925 PARK RIDGE BLVD, BOYNTON BEACH, FL 33426 23-0068 23-0068 AS SHOWN 2024-11-20 DB DB SK P & Z SUBMITTAL ALL LIGHT POLES TO WITHSTAND A 140 MPH WIND LOAD AND SHALL BE OPERATED BY PHOTOELECTRICAL CONTROL AND ARE TO REMAIN ON UNTIL ONE HOUR AFTER CLOSING OR 2:00 A.M. WHICHEVER IS LATER. E1.00 PHOTOMETRIC PLAN SCALE: 1/16" = 1'-0" N PHOTOMETRIC PLAN NOTE: 948 EXHIBIT “D” Conditions of Approval Project Name: Feeding South Florida, 4925 Park Ridge Boulevard Case number: MSPM 2024.11.73304 Reference: December 2, 2025, Commission Meeting. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Site Plan Conditions of Approval: 1. Modify curb to provide more channelized driveway return in accordance with approved Engineering Waiver-2025.08.5522 X 2. In accordance with LDR Ch. 4. Art. VIII. Sec. 3.D., revise site plan to illustrate 5’ sidewalk (approximately 756.69 LF along and abutting) within the right-of-way and note “sidewalk to be constructed or remit Engineering fee (or proof of payment) in lieu of sidewalk construction.” Advisory notes: At a minimum, Engineering recommends constructing a 5’ sidewalk within the right-of-way along Beta Drive (approximately 293 LF) to provide ADA-compliant pedestrian connectivity between buildings, as none is provided onsite. The current Engineering fee schedule is fifteen dollars ($15) for each square foot of sidewalk waived. X 3. Additional Engineering comments may be forthcoming upon subsequent submittals and/or applications. X At the time of the Land Development and/or Site Permit 4. Submit digitally signed final plans and calculations addressing all Conditions of Approval. X 5. Submit digitally signed Engineer’s Cost Estimates for onsite and offsite paving, grading, drainage, water, and sewer. X 6. Remit Engineering Land Development Permit Fees in the amount of 2.3% of total cost estimate for both onsite and offsite paving, grading, and drainage. Note: water and sewer fees are subject to Utility fees. X 7. Remit proof of Surety in the amount of 110% of water, sewer, and offsite improvements. X Prior to issuance of any permit: 8. Unless otherwise waived, submit Engineering Plat application for review and approval. X 949 Feeding South Florida (MSPM 2024.11.73304) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 9. Schedule and attend a pre-construction meeting with Utilities and the Engineering Division. X 10. Two (2) weeks prior to the preconstruction meeting, submit copies of outside agency permits, including but not limited to, PBCHD, SFWMD, LWDD< NPDES NOI. X 11. Two (2) weeks prior to the preconstruction meeting, submit material specifications and shop drawings stamped approved by the Engineer of Record X 12. Two (2) weeks prior to the preconstruction meeting, submit detailed construction mitigation plans. All construction activity regulated by the LDR shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water, or drainage run-off, debris, and the storage of construction materials. (LDR Ch. 2. Art. III. Sec. 3.D.3.) Impacts on businesses, public inconvenience, disruption to multi- modal and vehicular/pedestrian travel on roadways/sidewalks in the vicinity of construction shall be minimized. Construction mitigation plans shall include the following information (as applicable): Construction schedule, phasing, staging, and storage Construction fencing, ingress/egress, and sight triangles Construction personnel parking – if an off-site location is secured for this purpose, verify that a tram or shuttle will be provided between the construction site and the parking area(s) and provide a copy of the agreement with the property owner Construction traffic routes and delivery schedules Dust control and street cleaning plan Construction refuse removal in adherence to City’s ordinance, Sec. 10-26(a). Contact the Public Works Department (561-742-6200) for a roll-off container Hours of work in adherence to City’s noise ordinance Sec. 15-8 MOT plans for proposed closures/detours affecting vehicular or pedestrian travel X 950 Feeding South Florida (MSPM 2024.11.73304) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT Hurricane preparedness plans in the event of a hurricane warning and/or watch Prior to scheduling the Engineering Final Inspection and/or Certificate of Occupancy, submit the following: 13. Engineer’s Certification(s) of Completion X 14. Tests and reports (i.e. SWPP reports, density test reports) X 15. Record drawings/As-builts (PDF & CAD) X 16. Copy of the recorded plat along with all other agreements and easements not dedicated by way of plat. X 17. Copies of all operating and maintenance permits necessary to activate or put in use all support systems for the project; including but not limited to, PBCHD, SFWMD, LWDD, NPDES NOT. X PLANNING AND ZONING Comments: 18. At the time of permit, provide evidence of a recorded Unity of Title for the two parcels associated with this site plan. X 19. Please be aware that all proposed signage requires a Sign Permit prior to installation. All signs must be designed to follow the Boynton Beach Promenade Master Sign Program and City Code Part III, Chapter 4, Article IV, Sign Standards. X 20. Pursuant to City Land Development Regulations (LDR) Park III, Chapter 4, Article XIV, the applicant is required to participate in the Art in Public Places program. X 21. Prior to issuance of the Certificate of Occupancy for the new warehouse building, dead, dying, or damaged trees due to construction and recorded on the approved landscaped plan must be replaced or mitigated in accordance with the City Land Development Regulations (LDR) Part III, Chapter 4, Article I, Sec. 4. C. X 22. Prior to issuance of the Certificate of Occupancy, the proposed loading bays are required to meet City Land Development Regulations (LDR) Part III, Chapter 4, Article II, Sec 6, to be screened from all rights-of-ways. Prior to final inspection, the applicant may request a pre-inspection to ensure the proposed vegetation is mature enough to provide adequate screening. X 951 Feeding South Florida (MSPM 2024.11.73304) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT POLICE 23. Construction site security must be maintained by providing a fenced and secured staging area for equipment and materials, using high-quality tamper-resistant padlocks on all storage and equipment trailers, parking all trailers within the secured area, and ensuring after-hours illumination through timer-controlled or photocell-activated lighting to reduce nighttime concealment. X 24. Site visibility, landscaping, and CPTED compliance must be ensured by using low-growing plants under three feet near entrances, windows, walkways, and parking areas; avoiding dense shrubs or tall vegetation in the three-to-six-foot range; and maintaining long-term tree canopy clearance so that sight lines remain unobstructed. X 25. Glass openings and exterior visibility must be preserved by keeping all windows and glass doors unobstructed, ensuring that window coverings, shelving, or signage do not block visibility from interior to exterior areas. X 26. Lighting standards must be met by providing adequate illumination at all access points, pedestrian pathways, parking areas, service/loading areas, and building perimeters, with lighting designed to minimize glare and eliminate shadows or blind spots in accordance with CPTED recommendations. X 27. A security camera system (closed-circuit television, CCTV) must be installed to monitor all entrances, loading docks, parking areas, walkways, and other vulnerable exterior areas, with camera placement designed to minimize blind spots and provide clear views suitable for facial and vehicle recognition. X 28. Security signage must be posted at building entrances and throughout the site to indicate that video surveillance is in operation and to deter unauthorized activity. X FIRE 29. The proposed generator must be located a minimum of five (5) feet from all fenestrations, including windows, doors, and other exterior openings, in accordance with applicable Fire Department and Florida Fire Prevention Code (FFPC) requirements. X 30. All liquefied petroleum (LP) gas tanks must be installed a minimum of ten (10) feet from all structures and from property lines of adjoining properties, consistent with National Fire Protection Association (NFPA) standards and FFPC requirements. X 952 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. 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Ordinance No. 25-045- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-045, at first reading. Explanation of Request: Staff is proposing to amend the IPUD zoning district by removing any language referring to a marina, and clarify that only residential uses are permitted in the zoning district. The purpose of the IPUD zoning district is to implement the HDR (High Density Residential) and SHDR (Special High Density Residential) future land use map (FLUM) designations of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment at densities no greater than twenty (20) dwelling units per acre. The proposed amendments are to remove any mixed-use or non-residential language from the Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing the above intent for the zoning district. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: 953 Ord. 25-045 Agenda_Item_3956-2025_-_Amending_Land_Use_Regulations_IPUD.docx Exhibit_A_-_Staff_Report_-_CDRV_25-010_Final.docx Attachment 1 - Chapter 3 - Article III - Section 2 - G - IPUD - Strikethrough.doc Attachment 2 - Chapter 3 - Article IV - Section 3 - Use Regulations - Strikethrough.docx Attachment 3 - Chapter 4 - Article III - Section 8 - A.3.b - Plaza Requirement - Strikethrough.doc Attachment 4 - Chapter 4 - Article IV - Section 4 - 4.C.1 - Sign Standards - Strikethrough.doc business-impact-estimate-.docx 954 Page 1 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-045 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND 4 DEVELOPMENT REGULATIONS,” CHAPTER 3, ARTICLE III, SECTION 2.G 5 “IPUD”; CHAPTER 3, ARTICLE IV, SECTION 3 “USE REGULATIONS”; 6 CHAPTER 4, ARTICLE III, SECTION 8.A.3.b “OPEN SPACE AND PLAZA 7 REQUIREMENTS”; AND CHAPTER 4, ARTICLE IV, SECTION 4.C.1 “WALL 8 SIGN” FOR CLARIFICATIONS THAT ONLY RESIDENTIAL USES ARE 9 PERMITTED; PROVIDING FOR CODIFICATION; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 WHEREAS, Part III “Land Development Regulations,” Chapter 3 “Zoning,” and Chapter 4 14 “Site Development Standards” of the City’s Code of Ordinances currently establishes use 15 regulations and design standards for the Infill Planned Unit Development (“IPUD”) District; and 16 WHEREAS, the Planning and Zoning Department would like to amend the Land 17 Development Regulations to update use regulations and design standards for the IPUD District; 18 and 19 WHEREAS, the purpose of the IPUD zoning district is to implement the High Density 20 Residential (“HDR”) and Special High Density Residential (“SHDR”) future land use map (“FLUM”) 21 designations of the Comprehensive Plan by promoting infill development and redevelopment at 22 densities no greater than twenty (20) dwelling units per acre; and 23 WHEREAS, the amendments remove any mixed-use or non-residential language from the 24 Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing 25 the above intent for the zoning district; and 26 955 Page 2 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has determined that this amendment serves the public 27 health, safety, and welfare of the citizens of the City of Boynton Beach. 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: Part III “Land Development Regulations,” Chapter 3 “Zoning,” Article III 33 “Zoning Districts and Overlay Zones,” Section 2 “Residential Districts,” is hereby amended to read 34 as follows: 35 PART III LAND DEVELOPMENT REGULATIONS 36 … 37 CHAPTER 3. ZONING 38 … 39 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES 40 … 41 Section 2. RESIDENTIAL DISTRICTS. 42 43 G. IPUD Infill Planned Unit Development District. 44 1. General. 45 a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the High 46 Density Residential (HDR) and Special High Density Residential (SHDR) future land use 47 map (FLUM) classifications of the Comprehensive Plan. This district is intended for infill 48 purposes, promoting new development and redevelopment in areas located east of 49 Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district 50 is also intended to promote water access and recreational opportunities with 51 accommodations of uses, including marine-oriented and water dependent uses in both 52 956 Page 3 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. mixed use developments and limited single-use projects. The IPUD district includes design 53 standards that exceed the standards of the basic development standards in terms of site 54 design, building architecture and construction materials, amenities and landscape design. 55 The extent of variance or exception to basic design standards, including but not limited to 56 requirements for parking spaces, parking lot and circulation design, and setbacks, will be 57 dependent on how well the proposed project otherwise exceeds the other applicable 58 standards. 59 The IPUD shall minimize adverse impacts on surrounding property. The city is not 60 obligated to automatically approve the level of development intensity requested for the 61 IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for 62 a particular location in terms of land use compatibilities. The city may require, as a 63 condition of approval, any limitation, condition, or design factor that will provide a 64 reasonable transition to adjacent development. 65 In order to be approved, an IPUD project must be compatible with and preserve the 66 character of adjacent residential neighborhoods. Factors to consider in determining 67 compatibility may include, but not necessarily be limited to, proposed use, massing, and 68 layout. Further, it must be an enhancement to the local area and the city in general. 69 Projects that fail to do so will be denied. 70 Each IPUD project is independent and will be evaluated solely on its own merits. The 71 inclusion of certain features in a previously approved IPUD project will not automatically 72 be entertained as a valid argument for the inclusion of that same feature in any other IPUD 73 project if the city determines to reject those features. 74 b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote 75 sustainability with respect to land use, energy conservation and resource management. 76 Rezoning to the IPUD district is encouraged for proposed development or redevelopment 77 on lands that are in close proximity to existing infrastructure, public and alternative 78 transportation routes and modes, employment centers, community areas, or have been 79 impacted by environmental contamination. In reaching recommendations and decision as 80 to zoning land to IPUD, the Advisory Board and City Commission shall apply the following 81 location standards, in addition to the standards applicable to the rezoning of land 82 generally: 83 (1) Any IPUD district that contains non-residential uses must principally front on 84 streets classified as "Arterial" on the "Functional Classification of Roadways" map 85 in the city Comprehensive Plan; 86 957 Page 4 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) Any non-residential component must front on the arterial roadway or on an 87 access road wholly contained within the project with neither entrances nor exit on 88 or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 89 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the 90 IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28") for a list of allowable 91 uses. 92 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the 93 entire IPUD development. 94 95 BUILDING/SITE REGULATIONS 4 IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage: Flexible1 Minimum perimeter yard setbacks: Front: Flexible2 Rear: Flexible2 Interior side: Flexible2 Corner side: Flexible2 Maximum lot coverage: 50% Maximum structure height: 45 feet 96 1 Individual lots within an IPUD development contain flexible standards relative to 97 minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3, 98 Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one 99 hundred fifty (150) feet and a minimum average width of two hundred (200) feet. 100 958 Page 5 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 2 The minimum required perimeter building setbacks of an IPUD are flexible except 101 where adjacent to single-family residential zoning. Where adjacent to single-family 102 residential zoning, the required perimeter building setbacks of the IPUD shall 103 resemble the setbacks of the adjacent development based upon the orientation of 104 structures with said development. Also, perimeter buildings shall have an increased 105 setback of one (1) additional foot for every foot of building height in excess of 106 thirty (30) feet. If vegetation, screening, or other barriers and/or creative design on 107 the perimeter of an IPUD achieve compatibility with adjacent uses, the city may 108 grant some relief from the aforementioned requirement. A structure shall be 109 considered to be on the perimeter if there is no intervening building between it 110 and the property line. Project design along abutting roadway(s), including setbacks, 111 shall be based on existing development patterns or applicable recommendation 112 from the respective development plan. 113 3 A lesser building height may be required for compatibility with adjacent 114 development. See Note #2 above for additional setback requirements relative to 115 building height. 116 4. Review and Approval Process. 117 a. All development and redevelopment within the IPUD district shall be governed by a 118 master plan with approval granted by the City Commission in accordance with Chapter 2, 119 Article II, Section 2.D.6. 120 b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. 121 prior to application for building permit. 122 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, 123 Minimum Off-Street Parking Requirements. 124 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master 125 Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 126 7. Miscellaneous. 127 a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the required 128 landscaping along rights-of-way. 129 b. See Chapter 4, Article III, Section 4. for community design standards regarding required 130 site design in instances where the subject IPUD project is adjacent to single-family 131 residential zoning districts. 132 959 Page 6 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the 133 minimum width of rights-of-way and vehicular circulation. 134 d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval 135 shall include a deed restriction requiring that any marina or dockage built will not exceed 136 in width the boundaries of the project's actual frontage on the water, regardless of what 137 any other governing or permitting entity may allow or permit. 138 e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the 139 planned development shall be of the lowest height, intensity, and energy use adequate for 140 its purpose, and shall not create conditions of glare that extend onto abutting properties. 141 f. The physical attributes of the site shall be respected with particular concern for 142 preservation of natural features, tree growth, and open space. 143 g. Special emphasis shall be placed on trash collection points. 144 h. Trash containers or dumpsters must be screened and designed such that they are not 145 visible from or disruptive to adjacent properties, streets, and rights-of-way while still being 146 conveniently accessible to their users and collectors. 147 Section 3: Part III “Land Development Regulations,” Chapter 3 “Zoning,” Article IV “Use 148 Regulations,” Section 3 “Use Regulations,” is hereby amended to read as follows: 149 CHAPTER 3. ZONING 150 … 151 ARTICLE IV. USE REGULATIONS 152 … 153 Sec. 3. Use Regulations. 154 D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory R- 1- A A B R- 1- A A R- 1- A R- 1 R- 2 R- 3 IP U D P U D M H P C- 1 C- 2 C- 3 C- 4 C B D P C D S M U M U- 1 M U- 2 M U- 3 M U- 4 M U- C M -1 PI D P U REC ARTS, ENTERTAINMENT & RECREATIONAL Marina, (including Yacht Club) P 79 P 79 P 11 P 11 P 11 P 11 P 11 960 Page 7 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory R- 1- A A B R- 1- A A R- 1- A R- 1 R- 2 R- 3 IP U D P U D M H P C- 1 C- 2 C- 3 C- 4 C B D P C D S M U M U- 1 M U- 2 M U- 3 M U- 4 M U- C M -1 PI D P U REC 79 79 79 79 79 … 155 11. General Note. This use shall be integrated into a mixed use building or development. 156 … 157 79. Marina, Including Yacht Club. 158 a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring 159 and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private 160 craft as living quarters provided that such craft are connected to public sewer facilities; 161 operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. 162 b. IPUD District. Private marinas, as a principal use, requires the following: 163 (1) Minimum lot area: Four (4) acres. 164 (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width 165 of two hundred (200) feet. 166 (3) Maximum height: Forty-five (45) feet. 167 (4) Principal land uses may include boat and yacht clubs, and private or public 168 marinas (see Chapter 1, Article II, Definitions) contingent upon being located within 169 an area identified with the “Preferred” siting designation by the 2007 Palm Beach 170 County Manatee Protection Plan. However, major repairs and boatels, or residing 171 on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor 172 repair of boats, or components thereof, shall only occur within a fully enclosed 173 structure except as otherwise allowed by paragraph (6) below. The above noted 174 principal uses, when combined with residential uses, in which the residential 175 component occupies twenty-five percent (25%) or more of the total land area, shall 176 be considered permitted uses, otherwise such marine uses shall require conditional 177 use approval. 178 961 Page 8 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, 179 except that temporary stays shall be allowed for a maximum of three (3) nights 180 within a twelve (12)-month period. 181 (6) The following uses shall be allowed as accessory to one (1) of the principal 182 marine uses described above: boat brokerages, ship's stores, tackle shops, 183 maritime museums or other related educational uses, restaurants, boat ramps, and 184 other launching facilities. 185 (7) Marine-oriented and water dependent uses shall meet all the requirements of 186 Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole 187 principal use of a project and is not required as a component of a mixed use 188 development containing dwelling units. 189 (8) No outdoor dry storing or stacking of boats or other related items shall be 190 allowed, except that outdoor displays are allowed for sales purposes as long as the 191 boats are restricted to ground level display, are not visible from abutting rights-of-192 way or residential properties, and are not placed within landscape areas or required 193 parking spaces. 194 (9) Wash down and other post-use servicing shall be done within the dry storage 195 building or within an enclosed structure (e.g., three-sided and roofed) designed 196 and oriented to minimize external impacts. 197 (10) Water used for flushing and other cleaning activities shall be properly 198 pretreated prior to discharge into the stormwater system, and conservation 199 measures shall be considered to facilitate reclamation/recycling. 200 (11) No outdoor speakers shall be allowed other than for low volume music that is 201 not audible off-site. 202 (12) In addition to adhering to the city's sound regulations, no equipment, 203 machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that 204 generates noise unique to a residential neighborhood. 205 (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for 206 commercial buildings and boat storage facilities. 207 (14) Landscaping above and beyond the regulations cited elsewhere in this Code 208 shall be required for all non-residential buildings in excess of forty thousand 209 (40,000) square feet, in order to reduce the perceived scale and massing of such 210 buildings. 211 962 Page 9 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (15) The width of the foundation planting areas visible from streets or residential 212 properties shall be fifty percent (50%) of the façade height. The applicant may 213 submit an alternate planting plan that depicts the required screening/softening of 214 the large building façades, however in no instance shall the planting area be less 215 than twelve (12) feet in width. 216 (16) The height of the plant material shall be in relation to the height of the 217 adjacent façade or wall. Further, the height of fifty percent (50%) of the required 218 trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. 219 One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the 220 foundation planting area every twenty (20) feet on center along each façade visible 221 from streets or residential properties. Canopy and palm trees shall be distributed 222 along the entire façade where foundation landscaping areas are required, with 223 understory plant material arranged in the areas between the low growing shrubs 224 and tree or palm canopies. The applicant may submit an alternate planting plan 225 that depicts the rearrangement of plant material in order not to interfere with 226 required building enhances discussed herein. 227 (17) A perimeter landscape barrier shall be required between incompatible uses 228 and/or zoning districts; or where there are differences in density, intensity, or 229 building heights or mass; or for those certain uses requiring additional screening 230 in order to shield outdoor storage or operations. The barrier shall consist of a 231 decorative buffer wall of at least six (6) feet in height, in addition to a variety of 232 densely planted trees, hedges and shrubs. In areas where sufficient width is 233 provided or staff determines additional buffering is warranted, a berm may be 234 required in addition to the above regulations. 235 (18) The applicant shall demonstrate through site design and buffering how sound 236 associated with the non-residential components of the project will be mitigated. 237 … 238 Section 4: Part III “Land Development Regulations,” Chapter 4 “Site Development 239 Standards,” Article III “Exterior Building and Site Design Standards,” Section 8 “Open Space and 240 Plaza Requirements,” is hereby amended to read as follows: 241 PART III LAND DEVELOPMENT REGULATIONS 242 … 243 CHAPTER 4. SITE DEVELOPMENT STANDARDS 244 963 Page 10 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. … 245 ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS 246 … 247 SECTION 8. OPEN SPACE AND PLAZA REQUIREMENTS 248 249 A. General. 250 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as 251 central organizing elements in a large development. They can also contribute to the 252 relationship between different land uses and provide focal points and anchors for 253 pedestrian activity. 254 2. Conflict. Whenever the regulations and requirements of this code are at conflict with 255 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 256 restrictive shall apply. Additionally, specific design provisions within the zoning district 257 regulations of this subsection shall take precedence over the General Design Standards of 258 Section 7.B. below. 259 3. Applicability (by Zoning District). 260 a. Mixed Use 4 (MU-4) and Mixed Use Core (MU-C) Districts. Pursuant to Chapter 261 3, Article III, Section 5.C.1, usable open space shall be required for all developments 262 two (2) acres in size or larger. Such space shall be devoted to usable open space, 263 consisting of plazas or public open space, excluding private recreation areas. 264 b. Infill Planned Unit Development (IPUD). A minimum of 200 square feet of usable 265 open space shall be required per dwelling unit pursuant to Chapter 3, Article III, 266 Section 2.G.3. The physical attributes of the site shall be respected with particular 267 concern for preservation of natural features, tree growth and open space. Interior 268 and open spaces shall meet the following criteria: 269 (1) Shall be required for residential development projects and mixed-use 270 residential projects; 271 (2) Shall be designed to be available and accessible to every dwelling unit 272 proposed; 273 964 Page 11 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (3) Shall include consolidated areas principally set aside for active or passive 274 recreational space; 275 (4) Shall, where feasible, be centrally located in the development; 276 (5) May be designed or sited in conjunction with but shall not include 277 private courtyards, landscape strips, perimeter landscape buffers, 278 preservation/natural areas, and water bodies; and 279 (6) Shall not be occupied by streets, drives, parking areas, or structures 280 other than recreational structures. 281 Section 5: Part III “Land Development Regulations,” Chapter 4 “Site Development 282 Standards,” Article IV “Sign Standards,” Section 4 “Standards,” is hereby amended to read as 283 follows: 284 PART III LAND DEVELOPMENT REGULATIONS 285 … 286 CHAPTER 4. SITE DEVELOPMENT STANDARDS 287 … 288 ARTICLE IV. SIGN STANDARDS 289 … 290 SECTION 4. STANDARDS 291 292 C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign 293 off-premises unless otherwise authorized under this subsection. Permanent signs shall be 294 allowed in accordance with the following provisions: 295 1. Wall Sign (Affixed to Building). 296 Zoning District Ratio of Maximum Allowable Signage Area Sign Area (square feet) Building Frontage 965 Page 12 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Residential Single-Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrial5 1 s.f. 5 1-foot Commercial, excluding CBD Mixed Use Miscellaneous 1.5 s.f.3 1-foot 3, 4 a. General. One (1) or more wall signs, which typically advertises the name of the 297 establishment, organization, product, or service, are allowed on the façade of a 298 building, provided such sign(s) and supports do not extend in excess of eighteen 299 (18) inches off of the face of the building wall, beyond the building corner, or at all 300 above the parapet. An exception may be made for architectural elements that 301 provide a roofline break such as an entry feature with a minimum offset forward of 302 the typical building wall of three (3) feet. 303 b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a 304 factor of the zoning district within which a building is located and the length of 305 such building. Specifically, it shall be based on the ratio of wall and to each linear 306 foot of building frontage or tenant space frontage. 307 1 Wall signs are allowed for nonresidential developments within the 308 following: 1) single-family residential districts; 2) the R-2 and PUD districts; 309 and 3) all developments containing multiple-family residential uses (in 310 excess of ten (10) dwelling units). The cumulative signage area shall not 311 exceed thirty-two (32) square feet. The top of the sign(s) shall not exceed 312 the height of ten (10) feet. 313 2 Wall signs are allowed within all developments containing multi-family 314 residential or non-residential uses. 315 3 The maximum wall sign area may be increased by ten percent (10%) to 316 allow for additional signage on rear façades of multiple-tenant buildings 317 within non-residential developments (see Section 5.C.2.d below), and for 318 966 Page 13 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. standalone commercial buildings with property frontage 50 feet wide or 319 less, maximum sign area is increased to 2.0 s.f. per 1 foot of frontage. 320 4 For a multiple-tenant building designed as an indoor shopping mall, the 321 maximum allowable wall sign area may be increased, provided the total 322 signage area (per wall of a major department store or center store 323 containing an exterior customer entrance) does not exceed ten percent 324 (10%) of the area for each façade. 325 5 Non-industrial businesses allowed in an industrial zoning district on an 326 arterial right-of-way under the zoning regulations would be allowed a 327 multiplier of one and one-half (1.5) square foot of wall signage per one (1) 328 foot of building frontage. 329 c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of 330 multiple-story buildings, but only in the following instances: 1) the building is 331 designed for and contains multiple tenants or occupants, and the entrance doors 332 for such tenants or occupants (on upper floors) are designed external to the 333 building; or 2) the sign, which indicates the name of the building or its major tenant, 334 is placed near the top of the building regardless of any external doors on upper 335 floors. In both instances however, the signage is considered "wall sign (affixed to 336 building)," and shall count toward the aggregate wall signage area. Wall signs 337 located on upper floors, excluding the building or major tenant name as identified 338 above, shall be located in front of each tenant space or bay. 339 d. Community Design Standards. See Section 5.C.2. below for additional 340 community design standards regarding wall signs. 341 Section 6: Codification. It is the intention of the City Commission of the City of 342 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 343 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 344 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 345 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 346 967 Page 14 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 7: Severability. If any clause, section, or other part of this Ordinance shall be 347 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 348 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 349 provisions of this Ordinance. 350 Section 8: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 351 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 352 conflict. 353 Section 9: Effective Date. This Ordinance shall take effect immediately upon 354 passage. 355 Signatures Page to Follow 356 968 Page 15 of 15 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 357 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 358 CITY OF BOYNTON BEACH, FLORIDA 359 YES NO 360 361 Mayor – Rebecca Shelton _____ _____ 362 363 Vice Mayor – Woodrow L. Hay _____ _____ 364 365 Commissioner – Angela Cruz _____ _____ 366 367 Commissioner – Thomas Turkin _____ _____ 368 369 Commissioner – Aimee Kelley _____ _____ 370 371 VOTE ______ 372 ATTEST: 373 374 375 _____________________________ 376 Maylee DeJesús, MMC Rebecca Shelton 377 City Clerk Mayor 378 379 APPROVED AS TO FORM: 380 (Corporate Seal) 381 382 Shawna G. Lamb 383 City Attorney 384 969 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton and Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Planning and Development Director FROM: Gabe Sevigny, Principal Planner DATE: October 28, 2025 City Commission Dates: December 2, 2025 & December 16, 2025 REQUEST: Approve amendments to Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted. ________________ OVERVIEW Staff is proposing to amend the IPUD zoning district by removing any language referring to a marina, and clarify that only residential uses are permitted in the zoning district. EXPLANATION & PROPOSED AMENDMENT The purpose of the IPUD zoning district is to implement the HDR (High Density Residential) and SHDR (Special High Density Residential) future land use map (FLUM) designations of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment at densities no greater than twenty (20) dwelling units per acre. The proposed amendments are to remove any mixed-use or non-residential language from the Land Development Regulations within an IPUD zoning district, therefore clarifying and reinforcing the above intent for the zoning district. CONCLUSION/RECOMMENDATION Staff recommends APPROVAL of the subject amendments to the IPUD zoning district within the Land Development Regulations. 970 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 1 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 3. ZONING … ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES … Section 2. RESIDENTIAL DISTRICTS. G. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the High Density Residential (HDR) and Special High Density Residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. This district is intended for infill purposes, promoting new development and redevelopment in areas located east of Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine-oriented and water dependent uses in both mixed use developments and limited single-use projects. The IPUD district includes design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent o n how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval, any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not n ecessarily be limited to, proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. 971 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 2 Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote sustainability with respect to land use, energy conservation and resource management. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have been impacted by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project wit h neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS 4 IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage: Flexible1 Minimum perimeter yard setbacks: Front: Flexible2 Rear: Flexible2 Interior side: Flexible2 Corner side: Flexible2 Maximum lot coverage: 50% Maximum structure height: 45 feet 972 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 3 1 Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one hundred fifty (150) feet and a minimum average width of two hundred (200) feet . 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning, the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. If vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A lesser building height may be required for compatibility with adjacent development. See Note #2 above for additional setback requirements relative to building height. 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 7. Miscellaneous. a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. 973 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 4 d. If an IPUD is located with frontage on the Intracoastal Wa terway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. h. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights - of-way while still being conveniently accessible to their users and collectors. 974 CHAPTER 3. ZONING … ARTICLE IV. USE REGULATIONS … Sec. 3. Use Regulations. D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory R-1- AAB R-1- AA R-1- A R-1 R-2 R-3 IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU- C M-1 PID PU REC ARTS, ENTERTAINMENT & RECREATIONAL Marina, (including Yacht Club) P 79 P 79 P 11 79 P 11 79 P 11 79 P 11 79 P 11 79 975 … 11. General Note. This use shall be integrated into a mixed use building or development. … 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: (1) Minimum lot area: Four (4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200) feet. (3) Maximum height: Forty-five (45) feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article II, Definitions) contingent upon being located within an area identified with the “Preferred” siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph (6) below. The above noted principal uses, when combined with residential uses, in which the residential component occupies twenty- five percent (25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of three (3) nights within a twelve (12)-month period. (6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (7) Marine-oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole principal use of a project and is not required as a component of a mixed use development containing dwelling units. 976 (8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (9) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (e.g., three-sided and roofed) designed and oriented to minimize external impacts. (10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non-residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent (50%) of the façade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building façades, however in no instance shall the planting area be less than twelve (12) feet in width. (16) The height of the plant material shall be in relation to the height of the adjacent façade or wall. Further, the height of fifty percent (50%) of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each façade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. 977 (17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. 978 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 1 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 4. SITE DEVELOPMENT STANDARDS … ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS … SECTION 8. OPEN SPACE AND PLAZA REQUIREMENTS A. General. 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.B. below. 3. Applicability (by Zoning District). a. Mixed Use 4 (MU-4) and Mixed Use Core (MU-C) Districts. Pursuant to Chapter 3, Article III, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. Such space shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. b. Infill Planned Unit Development (IPUD). A minimum of 200 square feet of usable open space shall be required per dwelling unit pursuant to Chapter 3, Article III, Section 2.G.3. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Interior and open spaces shall meet the following criteria: (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall be designed to be available and accessible to every dwelling unit proposed; 979 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 2 (3) Shall include consolidated areas principally set aside for active or passive recreational space; (4) Shall, where feasible, be centrally located in the development; (5) May be designed or sited in conjunction with but shall not include private courtyards, landscape strips, perimeter landscape buffers, preservation/natural areas, and water bodies; and (6) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures. 980 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 1 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 4. SITE DEVELOPMENT STANDARDS … ARTICLE IV. SIGN STANDARDS … SECTION 4. STANDARDS C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign off -premises unless otherwise authorized under this subsection. Permanent signs shall be allowed in accordance with the following provisions: 1. Wall Sign (Affixed to Building). Zoning District Ratio of Maximum Allowable Signage Area Sign Area (square feet) Building Frontage Residential Single-Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrial5 1 s.f. 5 1-foot Commercial, excluding CBD Mixed Use Miscellaneous 1.5 s.f.3 1-foot 3, 4 a. General. One (1) or more wall signs, which typically advertises the name of the establishment, organization, product, or service, are allowed on the façade of a building, provided such sign(s) and supports do not extend in excess of eighteen (18) inches off of the face of the building wall, beyond the building corner, or at all a bove the parapet. An exception may be made for architectural elements that provide a roofline 981 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 2 break such as an entry feature with a minimum offset forward of the typical building wall of three (3) feet. b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a factor of the zoning district within which a building is located and the length of such building. Specifically, it shall be based on the ratio of wall and to each linear foot of building frontage or tenant space frontage. 1 Wall signs are allowed for nonresidential developments within the following: 1) single-family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing multiple-family residential uses (in excess of ten (10) dwelling units). The cumulative signage area shall not exceed thirty-two (32) square feet. The top of the sign(s) shall not exceed the height of ten (10) feet. 2 Wall signs are allowed within all developments containing multi- family residential or non-residential uses. 3 The maximum wall sign area may be increased by ten percent (10%) to allow for additional signage on rear façades of multiple - tenant buildings within non-residential developments (see Section 5.C.2.d below), and for standalone commercial buildings with property frontage 50 feet wide or less, maximum sign area is increased to 2.0 s.f. per 1 foot of frontage. 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum allowable wall sign area may be increased, provided the total signage area (per wall of a major department store or center store containing an exterior customer entrance) does not exceed ten percent (10%) of the area for each façade. 5 Non-industrial businesses allowed in an industrial zoning district on an arterial right-of-way under the zoning regulations would be allowed a multiplier of one and one-half (1.5) square foot of wall signage per one (1) foot of building frontage. c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of multiple-story buildings, but only in the following instances: 1) the building is designed for and contains multiple tenants or occupants, and the entrance doors for such tenants or occupants (on upper floors) are designed external to the building; or 2) the sign, which indicates the name of the building or its major tenant, is placed near the top of the building regardless of any external doors on upper floors. In both instances however, the signage is considered "wall sign (affixed to building)," and shall count toward the aggregate wall signage area. Wall signs located on upper floors, excluding the building or major tenant name as identified above, shall be located in front of each tenant space or bay. 982 INFILL PLANNED UNIT DEVELEOPMENT DISTRICT October 8, 2025 3 d. Community Design Standards. See Section 5.C.2. below for additional community design standards regarding wall signs. 983 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; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; 1 See Section 166.041(4)(c), Florida Statutes. Proposed Ordinance No. 25-0XX - First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 3, Article III, Section 2.G IPUD; Chapter 3, Article IV, Section 3 Use Regulations; Chapter 4, Article III, Section 8.A.3.b Plaza Requirements; and Chapter 4, Article IV, Section 4.C.1 Signs amending IPUD (Infill Planned Unit Development) for clarifications that only residential uses are permitted; providing for codification; conflicts; severability; and an effective date. 984 Page 2 of 2 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 amendments are to remove any mixed -use or non-residential language from the Land Development Regulations within an IPUD zon ing district, therefore clarifying and reinforcing the intent for the zoning district. 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. 985 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Proposed Ordinance No. 25-046 - First Reading of an Ordinance of the City of Boynton Beach, Florida, Adopting the City's Five-Year Capital Improvement Program for Fiscal Years 2026 through 2030. Requested Action: Staff recommends the approval of Proposed Ordinance No. 25-046, on First Reading. Explanation of Request: Section 163.3177 and 163.3180, Florida Statutes, require local governments to adopt and annually maintain a financially feasible Capital Improvement Program (CIP) as part of their Comprehensive Plan. City staff has prepared the Five-Year CIP for Fiscal Years 2026 through 2030, identifying planned capital projects, estimated costs, and anticipated funding sources across all departments. The proposed CIP is consistent with the City’s Comprehensive Plan and supports the adopted levels of service. How will this affect city programs or services? The Five-Year CIP provides a framework for planning, prioritizing, and funding infrastructure improvements needed to serve the City’s current and future population. Adoption of this ordinance ensures continued eligibility for state and federal funding programs and compliance with statutory requirements. Budgeted Item: Yes Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 25-046 CIP_5_Year_Ordinance_-_Final__2_.docx Agenda Item 3585-2025 Business Impact Statement - CIP 5 Year Plan.docx Exhibit A_5yrs CIP.pdf 986 08.17.25 (IG) Page 1 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-046 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, ADOPTING THE FIVE-YEAR CAPITAL 4 IMPROVEMENT PROGRAM FOR FISCAL YEARS 2026 THROUGH 2030; 5 PROVIDING FOR FINDINGS; PROVIDING FOR SEVERABILITY, 6 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, Section 163.3177, Florida Statutes, requires that local governments adopt and 9 maintain a capital improvements element as part of their comprehensive plan; and 10 WHEREAS, Section 163.3180, Florida Statutes, requires the adoption of a financially 11 feasible capital improvement program; and 12 WHEREAS, the City has prepared a Five-Year Capital Improvement Program for Fiscal 13 Years 2026 through 2030 that identifies needed capital improvements and their estimated costs; 14 and 15 WHEREAS, the Capital Improvement Program is consistent with the City’s Comprehensive 16 Plan and supports the implementation of adopted levels of service; and 17 WHEREAS, proper public notice has been given and public hearings have been held in 18 accordance with applicable law. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA: 21 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 22 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 23 987 08.17.25 (IG) Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Findings. The City Commission hereby finds that: 24 A. The Five-Year Capital Improvement Program for Fiscal Years 2026 through 2030, 25 attached hereto as Exhibit “A” and incorporated herein by reference, is consistent with 26 the City Comprehensive Plan. 27 B. The Capital Improvement Program provides for the orderly development and 28 redevelopment of the community while protecting the health, safety, and welfare of 29 the public. 30 C. The adoption of this Capital Improvement Program is in the best interests of the 31 residents of the City of Boynton Beach. 32 Section 3: Adoption. The City hereby adopts the Five-Year Capital Improvement 33 Program for Fiscal Years 2026 through 2030, as set forth in Exhibit “A,” which is attached hereto 34 and incorporated herein by reference. 35 Section 4: Implementation. 36 A. The Capital Improvement Plan shall serve as the basis for: 37 1. Annual budget preparation and adoption. 38 2. Impact fee calculations and assessments. 39 3. Debt financing decisions. 40 4. Grant applications and funding requests. 41 5. Development review and approval processes. 42 988 08.17.25 (IG) Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. B. The Capital Improvement Program may be amended from time to time by Ordinance 43 following the same procedural requirements as initial adoption. 44 C. The Capital Improvement Program shall be updated annually to maintain a rolling five-45 year planning period. 46 Section 5: Funding Authorization. The adoption of this Capital Improvement 47 Program does not constitute a commitment to fund any specific project. Individual projects shall 48 require separate budget authorization through the annual budget process or specific 49 appropriation ordinances. 50 Section 6: Severability. The provisions of this Ordinance are declared to be 51 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 52 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 53 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 54 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 55 Section 7: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 56 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 57 Section 8: Effective Date. This Ordinance shall take effect immediately upon 58 adoption. 59 60 [SIGNATURES ON THE FOLLOWING PAGE] 61 989 08.17.25 (IG) Page 4 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. 62 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor – Rebecca Shelton _____ _____ 67 68 Vice Mayor – Woodrow L. Hay _____ _____ 69 70 Commissioner – Aimee Kelley _____ _____ 71 72 Commissioner – Angela Cruz _____ _____ 73 74 Commissioner – Thomas Turkin _____ _____ 75 76 VOTE ______ 77 ATTEST: 78 79 _____________________________ 80 Maylee DeJesús, MMC Rebecca Shelton 81 City Clerk Mayor 82 83 APPROVED AS TO FORM: 84 (Corporate Seal) 85 86 87 Shawna G. Lamb 88 City Attorney 89 990 08.17.25 (IG) Page 5 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT A FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2026 THROUGH 2030 991 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; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2026 THROUGH 2030; PROVIDING FOR FINDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 992 Page 2 of 2 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 Ordinance adopts the City’s Five-Year Capital Improvement Program for Fiscal Years 2026 through 2030 to keep the City in compliance with Section 163.177, Florida Statutes and Section 163.3180, Florida Statutes. 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: N/A 4. Additional information the governing body deems useful (if any): N/A 993 EXHBIT A CITY OF BOYNTON BEACH FY 2026-2030 CAPITAL IMPROVEMENT PLAN Project Name FY25-26 FY26-27 Plan FY27-28 Plan FY28-29 Plan FY29-30 Plan 5 YR Plan Fund 302 Arts & Cultural Center - Auditorium (Construction)84,000 - - - - 84,000 Audit Fee 8,765 9,028 9,299 9,578 9,865 46,535 Procurement Transformation Specialist Services ERP 96,945 - - - - 96,945 Digital Transformational Analyst ERP 111,679 - - - - 111,679 Project Management & Implementation ERP 600,000 - - - - 600,000 City Hall - Carpet CIP - Carpet and Flooring Replacement - 25,000 25,000 - 300,000 350,000 City Hall - Commission Chambers - - - - 75,000 75,000 City Hall - Misc. Build Out Projects - 300,000 50,000 50,000 50,000 450,000 City Hall - Outdoor Furniture - 50,000 - - - 50,000 Town Square - Site Security 200,000 - - - - 200,000 City Hall - Paint Exterior - - - - 110,000 110,000 City Hall - Paint Interior - - 160,000 - 160,000 City Owned Lake Restorations - Lakes - 200,000 200,000 200,000 200,000 800,000 City Owned Properties - Fencing - - 300,000 - - 300,000 Public Works - Mill and Pave Site Asphalt Areas - 80,000 - - - 80,000 Public Works - New Staging Area at Rolling Green - 400,000 - - - 400,000 Public Works - Paint Fuel Tanks - - 15,000 - - 15,000 Public Works - Paint Interior and Exterior - - 120,000 - - 120,000 Public Works - Drainage Project - 150,000 - - - 150,000 Public Works - Fleet Tire Shop - 186,000 - - - 186,000 Public Works - Portable Generators - 120,000 - - - 120,000 Library & City Sign - 22,300 - - - 22,300 Coquina Security Gate 50,000 - - - - 50,000 Inn at Boynton Demolition 500,000 - - - - 500,000 Portable Bathroom Trailers (2)23,000 - - - - 23,000 TOTAL GENERAL GOVERNMENT PROJECTS 1,674,389 1,542,328 879,299 259,578 744,865 5,100,459 Public Works Admin - HVAC Replacement - - 80,000 - - 80,000 FS 1 - HVAC Replacement - - - - 65,000 65,000 FS 2 - HVAC Replacement - - - - 80,000 80,000 FS 5 - HVAC Replacement - - 250,000 - - 250,000 Pistol Range - HVAC Replacement - - 300,000 - - 300,000 Carolyn Sims Center - HVAC Replacement - 150,000 - - - 150,000 TOTAL GOVERNMENT HVAC (GH) PROJECTS - 150,000 630,000 - 145,000 925,000 Centennial Park - Landscape Replacement - - - - 300,000 300,000 Resilient Florida Grant - Living Shoreline - 486,952 486,952 - - 973,904 Art and Culture Center - Exterior Paint - - - - 80,000 80,000 Arts & Cultural Center - Burglar Alarm System - 25,000 - - - 25,000 Barrier Free Park - Irrigation Replacement - - - - 20,000 20,000 Barrier Free Park - Landscape Replacement & Enhancements - 80,000 - - - 80,000 Barrier Free Park - PIP Play Surface in Playground Area - 60,000 - - - 60,000 Barrier Free Park - Outdoor Workout Area Replace Equipment - 80,000 - - - 80,000 Barrier Free Park - Play Structure - - - - 300,000 300,000 Barrier Free Park - Shade Structure - - - - 180,000 180,000 Barrier Free Park - Walking Path - - - - 20,000 20,000 Betty Thomas Park Court Resurfacing - 36,750 - - - 36,750 Boynton Beach HS Park Improvements 460,000 3,000,000 - - - 3,460,000 Carolyn Sims Center - Digital Sign - 45,000 - - - 45,000 Carolyn Sims Center - Door Replacement - 40,000 - - - 40,000 Carolyn Sims Center - Exterior Painting - 90,000 - - - 90,000 Carolyn Sims Center - Interior Painting - 40,000 - - - 40,000 Carolyn Sims Center - Replace Furniture - 100,000 - - - 100,000 Carolyn Sims Center - Resurface Basketball Court - 50,000 - - - 50,000 Centennial Park - Amphitheater Lighting - 200,000 - - - 200,000 Centennial Park - Installation of Power and Lighting - - 160,000 - - 160,000 Centennial Park - Miscellaneous Amphitheater Projects - - 25,000 25,000 25,000 75,000 Denson Pool - Handicap Pool Lift - 20,000 - - - 20,000 Denson Pool - Install New Lighting - 30,000 - - - 30,000 Denson Pool - Pool Pump - - - - 70,000 70,000 Denson Pool - Recoat Pool Walls - 90,000 - - - 90,000 Denson Pool - Remodel Bathrooms - 50,000 - - - 50,000 Denson Pool - Replace Roof - - 40,000 - - 40,000 Denson Pool Renovation - - - 500,000 340,000 840,000 994 Galaxy Pk - Turf, Cages , Pick Ball Court - 135,000 - - - 135,000 Galaxy Pk - Imp Equipment - 11,500 - - - 11,500 Harvey E Oyer Park - Bathroom Remodel - - - - 140,000 140,000 Harvey E Oyer Park - Parking Lot Resurfacing - 180,000 - - - 180,000 Harvey Oyer Park - Fishing Pier - 200,000 2,000,000 - - 2,200,000 Intercoastal Park - Clubhouse Bathroom Remodel - - - - 250,000 250,000 Intercoastal Park - Floor Replacement - - - - 80,000 80,000 Intercoastal Park - Interior Painting - 60,000 - - - 60,000 Intercoastal Park - Kitchen Remodel - - - - 120,000 120,000 Intercoastal Park - Parking Lot - - - 150,000 - 150,000 Intercoastal Park - Pavilion Staining and Roof Painting - - - - 120,000 120,000 Intercoastal Park - Seawall Repair - - 600,000 - - 600,000 Intracoastal Park Clubhouse Upgrades - - 44,000 - - 44,000 Intercoastal Park - Irrigation Replacement - 50,000 - - - 50,000 Jaycee Park - Master Plan 550,000 - - - - 550,000 Little League - 2,000,000 - - - 2,000,000 Meadows Park - Epoxy Bathroom Floors - 20,000 - - - 20,000 Oceanfront Park - New Parking Lot Lighting - 400,000 - - 400,000 Oceanfront Park - Traffic Counters - 150,000 - - - 150,000 Pence Park Redevelopment 4,500,000 - - - - 4,500,000 Sara Sims Park - Amphitheater Audio and Visual - - - - 80,000 80,000 Sara Sims Park - Install Shade Structure - 80,000 - - 80,000 Sara Sims Park - Landscaping - - 150,000 - - 150,000 Sara Sims Park - Paint Pavilion and Bathroom - - - - 40,000 40,000 Senior Center Reconstruction (Design)100,000 250,000 - - - 350,000 Tennis Center Hydro Court Irrigation 640,000 640,000 - - - 1,280,000 Tennis Center Lighting 600,000 - - - 600,000 Tennis Center Pro Shop Construction 300,000 2,420,000 - - 2,720,000 Woman's Club - Electrical Upgrades 500,000 - - 500,000 Women's Club - Exterior and Interior Paint - - - 80,000 80,000 Women's Club - Floor Replacement - - 400,000 - - 400,000 Women's Club - Lighting-Curtains-AV - - - 200,000 - 200,000 Women's Club - Replace Doors and Windows - - - 850,000 - 850,000 Women's Club - Roof Replacement - - - 400,000 - 400,000 Carolyn Sims Center - Replace Flooring - 80,000 - - 80,000 Centennial Park - Landscape Replacement 750,000 - - - - 750,000 Pioneer Park - Boat Ramp 1,013,899 - - - - 1,013,899 Sara Sims Cemetery - Expansion Project 334,000 - - - - 334,000 TOTAL RECREATION AND PARKS PROJECTS 8,847,899 9,280,202 6,725,952 2,125,000 2,245,000 29,224,053 FD - Boat Dock and Lift Pro 18,000 - - - - 18,000 EMS Equipment LUCAS CPR Devices 168,000 - - - - 168,000 FS3 - Build New Fire Station 9,500,000 - - - - 9,500,000 Generator Replacement for Fire Stations 2 and 4 - 240,000 - - - 240,000 Logistics Building Air Compressor and Lifts - 170,000 - - - 170,000 Logistics Building Overhead Door Replacement - 60,000 - - - 60,000 Logistics Building Pavement Replacement - 60,000 - - - 60,000 Marine Complex 5,350,000 - - - - 5,350,000 Fire Fleet Facility Sound Barrier Wall - 120,000 - - - 120,000 FS 1 - Exterior and Interior Painting - - - - 100,000 100,000 FS 2 - Apparatus Bay Floor - - - - 220,000 220,000 FS 2 - Exterior and Interior Painting - - - - 100,000 100,000 FS 2 - Floor Replacement - - - - 80,000 80,000 FS2 (Hardening) Grant 630,000 - - - - 630,000 FS 4 - Exterior and Interior Painting - - - - 100,000 100,000 FS#5 - Apparatus Flooring - - - - 550,000 550,000 FS#5 - Bathroom and Shower Remodel - - - - 500,000 500,000 FS#5 - Carpet Replacement - - - - 120,000 120,000 FS#5 - IT Server Room Upgrades - - - - 300,000 300,000 FS#5 - Kitchen Equipment - - - - 80,000 80,000 FS#5 - UPS Replacement - 150,000 - - - 150,000 Ocean Rescue Lifeguard Stands Replacement - 450,000 - - - 450,000 Oceanfront Park - Replace Pavilions - - - - 200,000 200,000 Oceanfront Park - Replace Storage Building - - - - 400,000 400,000 Stryker Stretchers - 38,000 38,000 38,000 38,000 152,000 Hester Park Security Cameras Phase Two - 113,715 - - - 113,715 PD - Addl Site Developments - 250,000 250,000 - - 500,000 PD - Carpet Replacement - - 100,000 - - 100,000 PD - Exterior and Interior Painting - 150,000 - - 120,000 270,000 PD - Generator Fuel Tank - - 650,000 - - 650,000 PD - Interior Build-Out Addition of Police Officers 150,000 50,000 50,000 50,000 50,000 350,000 995 PD - Live Scan Device Replacement - 56,000 - - - 56,000 PD - Real Time Crime Center Build-Out 250,000 250,000 100,000 - - 600,000 Pistol Range - Exterior and Interior Painting - - 60,000 - - 60,000 Pistol Range - Replace Training PIP - - - - 140,000 140,000 Police Laptop Replacement - 150,000 75,000 75,000 75,000 375,000 Police Workstation Replacement - 150,000 75,000 75,000 75,000 375,000 PD - Disaster Recovery (DR) and Business Continuity (BC) Co-location.- 300,000 - - - 300,000 PD - West Gate Replacement - 100,000 - - - 100,000 Icor Robot 87,275 - - - - 87,275 PD - CIP - Saliport Gate Control Replacement 50,000 - - - - 50,000 TOTAL PUBLIC SAFETY PROJECTS 16,203,275 2,857,715 1,398,000 238,000 3,248,000 23,944,990 Cameras for City Owned Properties - 60,000 - - - 60,000 City Hall - ITS Suite Remodel - 150,000 - - - 150,000 Computer Replacement - ITS - 147,000 324,135 340,342 357,359 1,168,836 Network Infrastructure Replacement - ITS - 404,250 424,463 445,686 467,970 1,742,369 TOTAL INFORMATION TECHNOLOGY (IT) PROJECTS - 761,250 748,598 786,028 825,329 3,121,205 Misc. Paving & Concrete - 100,000 100,000 100,000 100,000 400,000 ADA Tansition Plan Update - 100,000 - - - 100,000 Engineering Assessment of City Bridges - 150,000 - - - 150,000 Federal Highway (US-1) Streetscape Improvements Construction 450,000 7,500,000 - - - 7,950,000 Martin Luther King, Jr. Blvd Streetscape Improvements 800,000 - - - - 800,000 Ridgewood Hills Ridgewood Manor & Boynton Hills - - - 3,000,000 - 3,000,000 Rolling Green Neighborhood Resurfacing - - - 1,875,000 - 1,875,000 SE 3rd St Improvements - - - 475,000 - 475,000 Seacrest Heights - - - 2,005,000 - 2,005,000 Sidewalk Repairs - 150,000 150,000 150,000 150,000 600,000 Sidewalks Ramp - ADA (estimate)- 100,000 100,000 100,000 100,000 400,000 Sky Lake Neighborhood Improvements - 1,550,000 - 1,550,000 Federal Hwy Streetscape Design - 100,000 - - - 100,000 Federal Highway Pedestrian Crossing 600,000 - - - - 600,000 SE 1st St - Construction Roadway Improvements 3,410,036 - - - - 3,410,036 SE 36st Ave (Gulfstream Blvd) Road Rehabilitation - 1,453,784 - - - 1,453,784 Cottage Disctrict Paving 200,000 - - - - 200,000 4th Street Streetscape Improvement 250,000 - - - - 250,000 TOTAL TRANSPORTATION/ROADWAY PROJECTS 5,710,036 9,653,784 350,000 9,255,000 350,000 25,318,820 FUND 302 CIP GRAND TOTAL 32,435,599 24,245,279 10,731,849 12,663,606 7,558,194 87,634,527 Funding Sources - 302 Fund Reserves - - - - - - Future Debt - Bond 15,044,288 16,638,327 6,501,849 10,873,606 5,758,194 54,816,264 CRA Reimbursement 9,350,000 200,000 - - - 9,550,000 Grants 3,210,000 886,952 - - - 4,096,952 General Fund Transfer - 750,000 750,000 1,000,000 1,000,000 3,500,000 Traffic Fund 537,275 - - - - 537,275 Local option Gas Tax 104 450,000 450,000 450,000 450,000 450,000 2,250,000 Park & Rec Trust Fund 141 700,000 1,500,000 800,000 - - 3,000,000 Mobility Impact Fee Fund 144 1,910,036 3,500,000 1,900,000 - - 7,310,036 Public Service Debt 207 600,000 - - - - 600,000 Utility Fund 401 - - - - - - Cementery Transfer 632 334,000 - - - - 334,000 Interest 300,000 320,000 330,000 340,000 350,000 1,640,000 TOTAL FUNDING SOURCES 32,435,599 24,245,279 10,731,849 12,663,606 7,558,194 87,634,527 Project Name FY25-26 FY26-27 Plan FY27-28 Plan FY28-29 Plan FY29-30 Plan 5 YR Plan Fund 303 CIP Engineering Services In-house 243,890 - - - - 243,890 Children's Museum-Repairs 15,000 - - - - 15,000 TOTAL GENERAL GOVERNMENT PROJECTS 258,890 - - - - 258,890 Barton Cemetery Fencing 50,000 - - - - 50,000 Intercoastal Park - HVAC Replacement 180,000 - - - - 180,000 Intercoastal Park - Precast Wall Replacement 250,000 - - - - 250,000 Palmetto Greens Park - Improvements 20,000 - - - - 20,000 Barrier Free Park - Pickle Ball Court Lighting 80,000 - - - - 80,000 Mangrove Park - Boardwalk Removal 800,000 - - - - 800,000 Rolling Green Tower 350,000 - - - - 350,000 Schoolhouse Children's Museum - Elevator Upgrade 36,000 - - - - 36,000 Tennis Center Site Furnishing 215,000 - - - - 215,000 TOTAL RECREATION AND PARKS PROJECTS 1,981,000 - - - - 1,981,000 996 FS4 - Security Cameras 42,000 - - - - 42,000 PD - Communication. Server Room 13,583 - - - - 13,583 PD - Pistol Range - Renovation 300,000 - - - - 300,000 TOTAL PUBLIC SAFETY PROJECTS 355,583 - - - - 355,583 Computer Replacement - ITS 147,000 - - - - 147,000 Network Infrastructure Replacement - ITS 385,000 - - - - 385,000 Replace Enterprise Resource Planning (ERP) System 1,700,000 1,450,000 - - - 3,150,000 Replace Datrium Server 75,000 - - - - 75,000 Replace Datrium Server 102,749 - - - - 102,749 TOTAL INFORMATION TECHNOLOGY (IT) PROJECTS 2,409,749 1,450,000 - - - 3,859,749 Lawrence Road Beautification Construction 750,000 - - - - 750,000 Sidewalk Repairs 150,000 - - - - 150,000 Sidewalks Ramp - ADA (estimate)100,000 - - - - 100,000 Drive Safe Boynton 172,000 - - - - 172,000 Knollwood Pk- Asphalt Path 36,705 - - - - 36,705 SW 1st Ave & SW 3rd Ct 24,129 - - - - 24,129 FEC Crossing Upgrade & Maintenance 361,000 100,000 - - - 461,000 Bridge Repair - Maintenance & Improvements 100,000 - - - - 100,000 TOTAL TRANSPORTATION/ROADWAY PROJECTS 1,693,834 100,000 - - - 1,793,834 FUND 303 CIP GRAND TOTAL 6,699,056 1,550,000 - - - 8,249,056 Funding Sources - 303 Fund Reserves 6,499,056 1,550,000 - - - 8,049,056 Interest 200,000 - - - - 200,000 TOTAL FUNDING SOURCES 6,699,056 1,550,000 - - - 8,249,056 Project Name FY25-26 FY26-27 Plan FY27-28 Plan FY28-29 Plan FY29-30 Plan 5 YR Plan Fund 403 Heart of Boynton (MLK)- Water Improvements 375,000 - 1,000,000 - - 1,375,000 Heart of Boynton (MLK)- Sewer Improvements 200,000 - 1,000,000 - - 1,200,000 Heart of Boynton (MLK)- Stormwater 1,500,000 - 10,000,000 - - 11,500,000 Heart of Boynton (MLK)- Reclaimed Improvements 100,000 - 250,000 - - 350,000 Heart of Boynton (MLK) subtotal 2,175,000 - 12,250,000 - - 14,425,000 San Castle (DEO Grant) - Water Improvements 700,000 6,200,000 - - - 6,900,000 San Castle (DEO Grant) - Sewer Improvements 700,000 6,200,000 - - - 6,900,000 San Castle (DEO Grant) - Stormwater Improvements 700,000 6,200,000 - - - 6,900,000 San Castle (DEO Grant) subtotal 2,100,000 18,600,000 - - - 20,700,000 I-95 & Boynton Beach Blvd. Interchange (Water)2,750,000 - - - - 2,750,000 I-95 & Boynton Beach Blvd. Interchange (Sewer)2,750,000 - - - - 2,750,000 San Castle (DEO Grant) subtotal 5,500,000 - - - - 5,500,000 Palm Beach Leisureville - Water Improvements - 250,000 - 2,500,000 - 2,750,000 Palm Beach Leisureville - Sewer Improvements - 250,000 - 2,500,000 - 2,750,000 Palm Beach Leisureville - Stormwater Improvements - 100,000 - 500,000 - 600,000 Palm Beach Leisureville subtotal - 600,000 - 5,500,000 - 6,100,000 Sea Meadows SOUTH - Water Improvements 3,750,000 - - - - 3,750,000 Sea Meadows SOUTH - Sewer Improvements 3,750,000 - - - - 3,750,000 Sea Meadows subtotal 7,500,000 - - - - 7,500,000 Sea Meadows NORTH - Water Improvements - - - 500,000 3,750,000 4,250,000 Sea Meadows NORTH - Sewer Improvements - - - 500,000 3,750,000 4,250,000 Sea Meadows subtotal - - - 1,000,000 7,500,000 8,500,000 Golfview Harbor - Water Improvements 1,000,000 500,000 500,000 - - 2,000,000 Golfview Harbor - Stormwater Improvements 500,000 - - - - 500,000 Golfview Harbor subtotal 1,500,000 500,000 500,000 - - 2,500,000 Tropical Breeze - Water Improvements - - 500,000 3,750,000 - 4,250,000 Tropical Breeze - Sewer Improvements - - 500,000 3,750,000 - 4,250,000 Tropical Breeze subtotal - - 1,000,000 7,500,000 - 8,500,000 TOTAL NEIGHBORHOOD UTILITY IMPROVEMENTS 18,775,000 19,700,000 13,750,000 14,000,000 7,500,000 73,725,000 Water Dist. System Annual R&R (0.43% of system annually)1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Water Meter Replacements 2,200,000 2,000,000 2,000,000 - - 6,200,000 TOTAL WATER DISTRIBUTION IMPROVEMENTS 3,200,000 3,000,000 3,000,000 1,000,000 1,000,000 11,200,000 West WTP R&R 500,000 500,000 500,000 500,000 500,000 2,500,000 East WTP R&R 500,000 500,000 500,000 500,000 500,000 2,500,000 Admin Bldg. Remodel 1,500,000 - - - - 1,500,000 Water Plant Security-West 50,000 - - - - 50,000 Water Plant Security-East 75,000 - - - - 75,000 DES Chiller 900,000 - - - - 900,000 TOTAL PLANT IMPROVEMENTS 3,525,000 1,000,000 1,000,000 1,000,000 1,000,000 7,525,000 New Lab Building (Water Quality Facility/AC Upgrade) - Funding Src 1 150,000 - - - - 150,000 997 TOTAL WATER SUPPLY IMPROVEMENTS 150,000 - - - - 150,000 Sewer System Pipes & Manholes R&R (Gravity)1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Lift Station Communications & Control R&R 75,000 - - - - 75,000 LS Control Panel R&R 100,000 100,000 100,000 100,000 100,000 500,000 Lift Station 410 & 414 - Connect to 24" Force Main 2,500,000 - - - - 2,500,000 Lift Station R&R 800,000 800,000 800,000 800,000 800,000 4,000,000 Lift Station 801 Force Main replacement 650,000 3,500,000 - - - 4,150,000 2220N Seacrest-SWR Point 175,000 - - - - 175,000 San Castle (County Area) - CIPP Pipe Lining 1,000,000 - - - - 1,000,000 Sewer Pipe Rehabilitation (Force Main & All Valves R & R)300,000 300,000 300,000 300,000 300,000 1,500,000 Pump Replacement Program R & R 250,000 250,000 250,000 250,000 250,000 1,250,000 Emergency Mobile Generators R & R 150,000 150,000 150,000 150,000 150,000 750,000 TOTAL WASTEWATER COLLECTION SYSTEM IMPROVEMENTS 7,000,000 6,100,000 2,600,000 2,600,000 2,600,000 20,900,000 Lake Boynton Estates Stormwater Improvements - - 1,000,000 5,000,000 - 6,000,000 Chapel Hill Stormwater Improvements - 10,000,000 - - - 10,000,000 Stormwater Systems (Various Locations) R &R 300,000 300,000 300,000 300,000 300,000 1,500,000 TOTAL STORM WATER IMPROVEMENTS 300,000 10,300,000 1,300,000 5,300,000 300,000 17,500,000 Reclaimed R&R 50,000 50,000 50,000 50,000 50,000 250,000 TOTAL REUSE DISTRIBUTION IMPROVEMENTS 50,000 50,000 50,000 50,000 50,000 250,000 Audit Fee 16,319 16,809 17,313 17,832 18,367 86,640 GIS Development 200,000 200,000 200,000 200,000 200,000 1,000,000 Grant Support Services 100,000 - - - - 100,000 Asset Management Services 1,300,000 - - - - 1,300,000 Water Distribution System Hydraulic Analysis/Modeling (Water)50,000 - - - - 50,000 Force Main System Hydraulic Analysis/Modeling - Sewer 50,000 - - - - 50,000 Vulnerability Assessment Updates - Resilient Florida Program Grant 150,000 - - - - 150,000 TOTAL STUDIES / ANALYSES / MISC.1,866,319 216,809 217,313 217,832 218,367 2,736,640 FUND 403 CIP GRAND TOTAL 34,866,319 40,366,809 21,917,313 24,167,832 12,668,367 133,986,640 Funding Sources - 403 Fund Reserves 16,766,319 15,966,809 337,313 - - 33,070,441 Interest 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Utility FD Transfer 15,000,000 9,000,000 9,000,000 9,000,000 9,000,000 51,000,000 Grants 2,100,000 14,400,000 7,500,000 - - 24,000,000 Future Debt - Bond - - 4,080,000 14,167,832 2,668,367 20,916,199 TOTAL FUNDING SOURCES 34,866,319 40,366,809 21,917,313 24,167,832 12,668,367 133,986,640 Project Name FY25-26 FY26-27 Plan FY27-28 Plan FY28-29 Plan FY29-30 Plan 5 YR Plan Fund 404 SE 36th Ave. Improvements - Water - Gulfstream 2,000,000 - - - - 2,000,000 TOTAL REUSE DISTRIBUTION IMPROVEMENTS 2,000,000 - - - - 2,000,000 FUND 404 CIP GRAND TOTAL 2,000,000 - - - - 2,000,000 Funding Sources - 404 Fund Reserves 900,000 (250,000) (250,000) (250,000) (250,000) (100,000) Interest 300,000 250,000 250,000 250,000 250,000 1,300,000 Reserves: CAP Fees 800,000 800,000 TOTAL FUNDING SOURCES 2,000,000 - - - - 2,000,000 Project Name FY25-26 FY26-27 Plan FY27-28 Plan FY28-29 Plan FY29-30 Plan 5 YR Plan Fund 412 Audit Fee 82 83 86 89 91 431 Golf Course Clubhouse - Renovation & Construction (TBD) 800,000 5,950,000 - - - 6,750,000 Golf Course - Golf Academy 6,000,000 - - - - 6,000,000 FUND 412 CIP GRAND TOTAL 6,800,082 5,950,083 86 89 91 12,750,431 Funding Sources - 412 Fund Reserves (32,668) 17,333 (232,664) (232,661) (232,659) (713,319) Interest 13,000 13,000 13,000 13,000 13,000 65,000 Golf Capital Surcharge 219,750 219,750 219,750 219,750 219,750 1,098,750 Future Debt - Bond / Loan 6,600,000 5,700,000 - - - 12,300,000 TOTAL FUNDING SOURCES 6,800,082 5,950,083 86 89 91 12,750,431 998 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Discussion regarding city-wide lighting audit and evaluation. Requested Action: Requested by Commissioner Turkin. Explanation of Request: Staff will provide an overview of the City’s existing street lighting network, including current locations, maintenance responsibilities, and known performance issues. Staff will also outline ongoing efforts to assess lighting conditions citywide, prioritize needed upgrades, and identify opportunities to improve safety, visibility, and energy efficiency. Direction from the City Commission is requested regarding next steps and any additional analysis desired. How will this affect city programs or services? TBD Account Line Item and Description: N/A Fiscal Impact: N/A 999 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Discussion regarding referendum questions for March 2026 Municipal Election. Requested Action: Discuss whether to move forward with the referendum questions on the March 2026 Municipal Election, for Ordinance No. 25-037, Ordinance No. 25-038, Ordinance No. 25-041. Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Mail Ballot Election Estimate.pdf 1000 1001 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 12/ 2/2025 Meeting Date: 12/ 2/2025 Discussion on amending the General Employees' Pension ordinance to allow the Public Safety Chiefs to opt into the General Employees' Pension Plan. Requested Action: Provide direction to Pension Attorney to draft proposed changes to the general employee pension ordinance. Explanation of Request: Discussion regarding amending the general employees' pension ordinance to allow the public safety chiefs to opt into the pension plan. Budgeted Item: Yes 1002 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 1 of 14 ORDINANCE NO. 25-016 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 3 15 “OFFENSES-MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 4 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING 5 NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR 6 CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Part II “Code of Ordinances,” Chapter 15 “Offenses-Miscellaneous,” Article 10 I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of Ordinances currently regulate 11 noise and sound emissions within the City; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be 13 in the best interest of the citizens and residents of the City to update its regulations regarding 14 noise and sound emissions to include construction noise regulations near residential zones; 15 and 16 WHEREAS, the City Commission desires to repeal and replace the existing Sections 15-17 8 through 15-8.7 with updated and more comprehensive regulations; and 18 WHEREAS, the City Commission finds the amendment of Chapter 15 “Offenses-19 Miscellaneous,” Article I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of 20 Ordinances is in the best interest of the citizens and residents of the City of Boynton Beach. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby incorporated herein and made a part hereof. 25 Section 2. That Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 26 15-8 through 15-8.7 of the City’s Code of Ordinances is hereby repealed in its entirety and 27 replaced with the following language: 28 1003 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 2 of 14 29 Sec. 15-8. Purpose and scope. 30 It is the purpose of sections 15-8 through 15-8.7 to prevent, prohibit, and provide for the 31 abatement of excessive and unnecessary noise which may injure the health or welfare or 32 degrade the quality of life of the visitors, citizens, and residents of the City of Boynton Beach. 33 This section shall apply to the control of all sound and noise originating within the limits of this 34 jurisdiction. It is further the intent of this chapter to recognize that factors such as the time of 35 day, location (e.g., proximity to residences), necessity of public projects for the public good, 36 and necessity of sound and noise incidental to allowed uses and activities must be considered 37 in balancing the protection of public peace and individual freedoms. 38 39 Sec. 15-8.1. Definitions. 40 All terminology used in this section shall be as defined herein or, if not defined, given plain 41 meaning by reference to a standard dictionary definition. When interpretation is required by 42 reference to a source more definitive than this code or a dictionary, reference shall first be 43 made to publications of the American National Standards Institute (ANSI): 44 Adjacent. Any receiving property separated by a street, alley, canal, and/or easement that is 45 touched by a line drawn perpendicular from any portion of the property generating the sound. 46 Construction. Any site preparation, assembly, erection, substantial repair, demolition, 47 alteration, or similar action, for or on public or private right-of-way, structures, utilities, or 48 similar property, excluding well pointing. 49 Emergency work. Any work necessary to restore property to a safe condition following a 50 natural disaster or emergency event, work to restore public utilities, or work required to protect 51 person or property from an imminent exposure to danger. 52 1004 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 3 of 14 Enforcement officer. Those employees or other agents of the City, designated by ordinance, 53 or duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. 54 This definition shall include, but not be limited to, law enforcement police officers and code 55 enforcement officers. 56 Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. 57 Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, 58 Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day, or any other 59 legally recognized federal holiday. 60 Noise-sensitive zone. Existing quiet zones until designated otherwise by a competent 61 authority. Noise-sensitive zones include but are not limited to operations of schools, libraries 62 open to the public, courthouses, churches, synagogues, mosques, hospitals, and nursing 63 homes. 64 Plainly audible. A sound capable of being heard by a human being without the assistance of 65 a mechanical or electronic listening or amplifying device. 66 Property line. An imaginary line along the surface and its vertical plane extension that 67 separates the real property owned, rented, or leased by one person from that owned, rented, 68 or leased by another person, excluding intra-building real property divisions. 69 Quiet hours. The time periods during which enhanced noise restrictions apply: 70 Weekdays (Sunday night through Thursday night): 10:00 p.m. to 7:00 a.m.; and 71 Weekends (Friday night and Saturday night): 11:00 p.m. to 8:00 a.m. 72 Receiving property. The land receiving noise or sound as designated by the City zoning map 73 (and for recently incorporated areas, the effective zoning category). 74 Residence. Any occupied room or rooms connected together containing sleeping facilities, 75 including single and multiple-family homes, townhomes, apartments, condominium units, and 76 hotel and motel rooms. 77 1005 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 4 of 14 Sound disturbance. Any sound or noise which is: 78 (1) Plainly audible beyond a distance of twenty-five (25) feet from the apparent property 79 line from which the sound emanates, in a single residential zoning district, or 80 (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates 81 or is plainly audible twenty-five (25) feet from the apparent property line from which 82 the sound emanates, in multi-family residential zoning districts. 83 (3) Plainly audible beyond a distance of one hundred (100) feet from the apparent 84 property line from which the sound emanates when the sound emanates in a 85 commercial zoning district and is heard in a residential zoning district. 86 (4) Plainly audible beyond a distance of one hundred (100) feet from the apparent 87 property line from which the sound emanates when the sound emanates in a public 88 use zoning district and is heard in a residential zoning district. 89 For the purpose of enforcement, it is not necessary to identify the property line as would be 90 depicted on a survey; instead, an approximation of the property line may be used, taking into 91 consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground 92 treatment. 93 94 Sec. 15-8.2. Enforcement. 95 If a complaint is received for violations of this article, an enforcement officer shall investigate 96 to determine if a violation exists. If the enforcement officer observes a violation of this article, 97 the enforcement officer shall inform the violator that they must immediately cease the violation 98 and will be subject to additional penalties if the violation continues, and issue a notice of 99 violation to the violator as provided in this Code. 100 No citation or notice to appear for a violation of this section shall be issued until a law 101 enforcement officer or code enforcement officer has contacted the property owner, occupant, 102 1006 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 5 of 14 or operator from which the offending sound emanates to request abatement of the offending 103 sound. When a request for abatement is made and the offending sound is not immediately 104 abated, or if it resumes within fifteen (15) minutes following initial abatement, or occurs again 105 within seven (7) days, a citation or notice to appear may issue without additional request for 106 abatement. 107 108 Sec. 15-8.3. Unreasonably loud noise prohibited. 109 (a) General prohibition. Unreasonably loud noise disturbances are prohibited. No person shall 110 unnecessarily make, continue, or cause to be made or continued any sound or noise 111 disturbances. 112 (b) Specific prohibitions. It shall be unlawful for any person to make, continue, or cause to be 113 made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. The 114 following acts, among others, are declared to be unreasonably loud, excessive, unnecessary, or 115 unusual noises in violation of this section, but this enumeration shall not be deemed to be 116 exclusive: 117 (1) Sound reproduction devices. The playing, using, operating or permitting to be played, 118 used or operated, any radio, phonograph or musical instrument, or other machine or device 119 for the producing or reproducing of sound in such a manner or with such volume, that is plainly 120 audible to any person other than the player(s) or operator(s) of the device, and those who are 121 voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot 122 nearest to the source, or at a distance of twenty-five (25) feet or more during quiet hours. 123 (2) Loudspeakers. Using or operating for any purpose other than those activities specifically 124 exempted in section 15-8.4 below, any loudspeaker, loudspeaker system, or similar device, 125 including sound-emitting devices which may be physically attached to any motor vehicle. 126 1007 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 6 of 14 (3) Street sales. Offering for sale, selling, or advertising for sale by shouting or outcry, anything 127 within any area of the city. 128 (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, 129 barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise 130 or sound disturbance or is plainly audible from a public street, and/or from a distance of 131 twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in 132 which the animal, bird or fowl is located. A person is responsible for an animal, bird, or fowl if 133 the person owns, controls, or otherwise cares for the animal, bird, or fowl. It shall be an 134 affirmative defense to any charge hereunder that such animal, bird, or fowl was emitting such 135 noise in response to any person's intrusion upon the premises. 136 (5) Loading or unloading. Loading, unloading, opening, closing, or other handling of boxes, 137 crates, containers, building materials, garbage cans, or similar objects during quiet hours in 138 such a manner as to cause a noise or sound disturbance. 139 (6) Construction. Operating or causing the operation of any tools or equipment used in 140 construction, drilling, excavation, clearing, repair, alteration, or demolition work except during 141 the times specified in section 15-8.5, or at any time during Sundays or legal holidays, except as 142 provided for emergency work or with an approved Noise Mitigation Waiver. 143 (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical 144 equipment located on real property, including HVAC equipment, motors, engines, pumps, 145 compressors, fans, tools, machinery, and their component parts, or any other similar stationary 146 mechanical devices and their component parts, except as otherwise exempted in section 15-147 8.4. 148 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to 149 cause a noise or sound disturbance. 150 1008 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 7 of 14 (9) Human vocal sounds. Yelling, shouting, hooting, whistling, singing, and other vocal sounds 151 in excess of a normal conversational level during quiet hours, so as to create a plainly audible 152 sound across a residential real property line or on a public right-of-way or public property, or 153 that is plainly audible to an occupant of a dwelling unit within a building other than an 154 occupant of the unit from which the sound emanates, that can be heard from a distance of 155 twenty-five (25) feet or more from the source, in noise-sensitive zones. This section is to be 156 applied only to those situations where the disturbance is not a result of the content of the 157 communication but due to the volume, duration, location, timing, or other factors not based 158 on content. 159 (10) Vehicle noise. Operating any automobile, motorcycle, or other motor vehicle that 160 produces excessive noise plainly audible from twenty-five (25) feet or more due to: 161 a. Defective or modified exhaust systems, mufflers, or engine components; 162 b. Worn or damaged mechanical parts causing grinding, rattling, or squealing sounds; 163 c. Overloading that causes abnormal engine strain or mechanical noise; or 164 d. Any other mechanical condition or modification that creates unreasonably loud noise 165 during normal operation. 166 (11) Model vehicles. Operating or permitting the operation of powered model vehicles, either 167 airborne, waterborne, or land borne, which are designed not to carry persons or property, such 168 as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by 169 mechanical means, within a public recreation area or park other than those areas specifically 170 designated for such purpose by the City Commission. 171 (12) Noise near sensitive zones. The creation of any sound or noise on any street adjacent to 172 a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive 173 zone are in operation, which is plainly audible within the entity, from a distance of twenty-five 174 1009 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 8 of 14 (25) feet from the noise or sound, and interferes with the operation of the entity, provided 175 conspicuous signs are displayed indicating the presence of a noise-sensitive zone. 176 (13) Horn and signaling devices. The sounding of any horn or signaling device, except as a 177 danger warning, for any unnecessary or excessive period of time, or the reasonable use of any 178 horn or signaling device, in such manner as to cause a noise or sound disturbance. 179 (14) General disturbances. The creation or permitting of any loud or raucous noise or sound 180 so as to disturb the peace, quiet, or comfort of a residence within the immediate or adjacent 181 neighborhood. 182 (15) Vibration. The creation or permitting of any sound or noise that produces a ground 183 vibration, noticeable without instruments, at the lot lines of the property from which the sound 184 or noise emanates, provided there shall be excepted from the provisions of this division the 185 use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like 186 equipment used in standard construction during permitted construction hours. The City 187 Manager, or designee, upon receiving complaints for excessive vibrations, may require 188 vibration sensors to be installed and monitored at property lines at the expense of the property 189 owner generating the vibration. 190 (c) Generators - limited exemption. Notwithstanding the foregoing prohibited acts, gasoline 191 or propane-powered generators are permitted during periods of power outage following 192 natural disasters and during maintenance periods. Maintenance operations shall only occur 193 between 8:00 a.m. and 6:00 p.m. on weekdays and only for the minimum amount of time 194 required by the manufacturer, not to exceed one hour per week. Any person using a generator, 195 except during periods of power outage, is subject to the restrictions on noise generation as 196 otherwise outlined in this chapter. 197 198 199 1010 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 9 of 14 Sec. 15-8.4. Exemptions. 200 The following acts and the causing or permitting thereof shall be specifically exempted from 201 the prohibitions of section 15-8.3: 202 (1) Aircraft and transportation. Noise generated by aircraft, interstate railway locomotives, 203 and cars. 204 (2) Emergency activities. Any noise generated as a result of emergency work or for the 205 purpose of alerting the public to the existence of an emergency situation. 206 (3) Domestic equipment. Any noise generated by the operation and use of domestic power 207 tools and lawn maintenance equipment between 7:00 a.m. and 8:00 p.m. on weekdays, 8:00 208 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and legal holidays. 209 (4) Residential HVAC. Noise generated by operating and using air conditioning units in 210 residential districts that are properly maintained and operating within the manufacturer's 211 specifications. 212 (5) Musical instruments. Non-amplified solo musical instrument played by an individual within 213 a private residence between the hours of 9:00 a.m. and 9:00 p.m. 214 (6) Public safety and utilities. Noises and sounds of authorized safety signals, warning 215 devices, and any City vehicle while engaged in necessary public business. 216 (7) Emergency and utility work. Noises and sounds resulting from emergency work, which is 217 to be construed as work made necessary to restore property and/or utilities to a safe condition 218 following a natural disaster or emergency event, or work required to protect persons or 219 property from imminent exposure to danger. This exemption includes noises from emergency 220 communications and utility work following natural disasters or emergency events, and in 221 connection with the restoration of service operations. 222 1011 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 10 of 14 (8) Permitted events. Parades, fireworks displays, special events, and other activities for which 223 a permit has been obtained from the City, within such hours and in accordance with such 224 restrictions as may be imposed as conditions for the permit issuance. 225 (9) Public construction. Municipal, county, or state public works, emergency matters, or 226 matters having an effect on the public health, safety, and welfare of the City, provided such 227 work complies with the construction time limitations in section 15-8.5 or has received approval 228 for extended hours due to public safety necessity. 229 230 Sec. 15-8.5. Construction site noise regulations. 231 (a) General requirements. Construction shall be permitted only during the hours set forth 232 herein. All equipment shall be operated in accordance with the manufacturer's specifications, 233 shall be in good repair, and shall utilize all noise baffling methods specified by the 234 manufacturer. 235 (b) Permitted construction hours: 236 Residential zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 237 to 5:00 p.m. 238 Commercial zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 239 to 5:00 p.m. 240 All zones: No construction activities on Sundays and legal holidays. 241 (c) Prohibited equipment during restricted hours. The following construction activities may 242 not be operated between 7:00 p.m. and 7:00 a.m. on weekdays, between 5:00 p.m. and 8:00 243 a.m. on Saturdays, and are prohibited on Sundays and legal holidays: 244 1. Any equipment used in construction activity, repair, alteration, or demolition work on 245 buildings, structures, streets, alleys, or appurtenances thereto. 246 1012 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 11 of 14 2. Any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist. 247 (d) Exemptions: 248 1. Residential homeowners performing ordinary maintenance or home projects are 249 exempt from permits per the Boynton Beach Administrative Amendments to the Florida 250 Building Code, as may be amended from time to time. 251 2. Emergency work as defined in section 15-8.1. 252 253 Sec. 15-8.6. Noise Mitigation Waiver. 254 (a) Application. The City Manager or designee may approve a Noise Mitigation Waiver for 255 construction activities outside permitted hours upon written application demonstrating: 256 1. Exceptional circumstances requiring work outside normal hours; 257 2. Measures to minimize noise impact on surrounding properties; 258 3. Limited duration and scope of work; and 259 4. Public benefit or safety necessity. 260 (b) Conditions. All Noise Mitigation Waiver approvals shall: 261 1. Specify exact hours, dates, and activities authorized; 262 2. Include conditions to minimize noise impact; 263 3. Require notification to affected properties; and 264 4. Be subject to immediate revocation for violations. 265 (c) Limitations. Noise Mitigation Waivers: 266 1. May authorize work as early as 6:00 a.m. Monday through Friday only; 267 1013 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 12 of 14 2. Shall not exceed 30 days total duration; and 268 3. Do not constitute compliance for violations occurring prior to issuance. 269 270 Sec. 15-8.7. Enforcement and penalties. 271 (a) Jurisdiction. The City’s Special Magistrate shall have jurisdiction to hear and decide cases 272 in which violations of this chapter are alleged; or 273 (b) Code enforcement. The City may enforce the provision of this Code by Code of Ordinance 274 enforcement procedures as provided by Chapter 162, Part 2, Florida Statutes; or 275 (c) Citation penalties. The City may prosecute violations by issuance of notices to appear for 276 violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: 277 1. First violation - $100.00 278 2. Second violation within twelve (12) months of adjudication of first violation - $250.00 279 3. Third violation within eighteen (18) months of adjudication of first violation - $500.00 280 Each calendar day on which a violation exists shall constitute a separate violation for the 281 purpose of determining the fine. 282 (d) Nuisance action. A violation of this Article may be prosecuted as a nuisance. The City 283 Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his or 284 her name against the person or persons causing or maintaining the violation, or against the 285 owner/agent of the building or property on which the violation exists. 286 (e) Criminal enforcement. Violations of this Article may be enforceable by arrest. 287 (f) Joint liability. For the purpose of this section, any person owning or having responsibility 288 for management of a business premises, any performer or disc jockey producing sound upon 289 any business premises, any person playing, producing, or controlling music or other sound, any 290 person having control of the volume of music or sound, and the business as named on the 291 1014 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 13 of 14 business tax receipt where the music or sound is emanating may be jointly and severally liable 292 for compliance with this Article. 293 294 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 295 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 296 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 297 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 298 “Section,” “Article,” or such other word or phrase in order to accomplish such intention.. 299 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 300 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 301 Section 5. If any clause, section, or other part or application of this Ordinance shall 302 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 303 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 304 the validity of the remaining portions or applications remaining in full force and effect. 305 Section 6. This Ordinance shall become effective immediately upon passage. 306 307 [SIGNATURES ON FOLLOWING PAGE] 308 309 1015 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 14 of 14 FIRST READING this _____ day of _________________, 2025. 310 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 311 312 CITY OF BOYNTON BEACH, FLORIDA 313 YES NO 314 315 Mayor – Rebecca Shelton _____ _____ 316 317 Vice Mayor – Woodrow L. Hay _____ _____ 318 319 Commissioner – Angela Cruz _____ _____ 320 321 Commissioner – Thomas Turkin _____ _____ 322 323 Commissioner – Aimee Kelley _____ _____ 324 325 VOTE ______ 326 327 328 329 ATTEST: 330 331 _____________________________ ______________________________ 332 Maylee De Jesús, MPA, MMC Rebecca Shelton 333 City Clerk Mayor 334 335 APPROVED AS TO FORM: 336 (Corporate Seal) 337 338 _______________________________ 339 Shawna G. Lamb 340 City Attorney 341 342 343 1016 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 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 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING PART II, “CODE OF ORDINANCES,” CHAPTER 15 “OFFENSES- MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 1017 Page 2 of 3 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): Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 15-8 through 15- 8.7 of the City’s Code of Ordinances currently regulates noise and sound emissions within the City. The City Commission of the City of Boynton Beach, Florida, deems it to be in the best interest of the citizens and residents of the City to update its regulations regarding noise and sound emissions to include construction noise regulations near residential zones. 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: Construction companies operating within the City of Boynton Beach may be impacted by the proposed ordinance. 4. Additional information the governing body deems useful (if any): 1018 Page 3 of 3 NONE 1019 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 1 of 10 Sec. 15-8. Noise Control-Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11) Editor's note(s)—Ord. No. 85-16, §§ 1, 2, adopted Mar. 19, 1985, provided for the repeal of §15 -8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as §§ 15 -8—15-8.8 to read as herein set out. Formerly, § 15-8 was derived from the 1958 Code, § 17-22.2, and Ord. No. 82-12, § 1, adopted May 18, 1982. Sec. 15-8.1. Same-Purpose and space. It is the purpose of sections 15-8 through 15-8.9 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade th e quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound and noise originating within the limits of this jurisdiction. It is further the intent of this chapter to recognize that fact ors such as the time of day, location (e.g. proximity to residences), necessity of public projects for the public good, and necessity of sound and noise incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11- 003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.2. Same-Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this Code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one (1) lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for measuring the volume of sound or noise, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound or noise measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right - of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. 1020 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 2 of 10 Emergency vehicle. A motor vehicle used in response to a public emergency or to protect persons or property from imminent danger. Emergency work. Any work necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect person or property from an imminent exposure to danger. Equivalent. The level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. E xamples of sources of impulse noise, includes explosions and the discharge of firearms. L10 sound level. The sound level exceeded for more than ten (10) percent of a measurement period which for the purposes of sections 15-8 through 15-8.9 shall not be less than ten (10) minutes. LMAX. The maximum A-weighted sound level for a given event. Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Da y, Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day or any other legally recognized holiday. Maximum sound level. The greatest A-weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential integration time. Micropascal. The international unit for pressure, analogous to pounds per square i nch in English units; one (1) microPascal is one millionth of a Pascal; the reference pressure used for airborne sound is twenty (20) microPascals. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Motorized equipment. Any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. Noise. For the purposes of this chapter, noise is any sound that is in violation of any provision of this chapter. Noise disturbance. Any sound or noise, in quantities which are plainly audible and may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation. Any plainly audible noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood and/or adjacent neighborhood(s) from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to negatively affect such residences or places of business. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive zones include but are not limited to operations of schools, libraries open to public, churches, synagogues, mosques, hospitals, residential zones (after 11:00 p.m.), and nursing homes. Octave band sound level. The unweighted sound pressure level in the specified octave band. Person. Any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two (2) or more persons having a joint or common interest or any other legal 1021 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 3 of 10 entity including any officer, employee, department, agency, or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever of any combination of such, jointly or severally. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Private right-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one -third (⅓) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one -third (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred fifteen (115) Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one (1) person from that owned, rented or leased by another person, excluding intra-building real property divisions. Receiving land use. The land, which is receiving the noise or sound as designated by the City zoning map (and for recently incorporated areas, the effective zoning category). Residential. A parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartme nt hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound or noise which is: (a) Plainly audible beyond a distance of twenty -five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (b) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty-five (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (c) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. (d) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a public use zoning d istrict and is heard in a residential zoning district. 1022 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 4 of 10 For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consid eration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A -weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 10 6 N/m2 ). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Use. Any activity, event, operation or facility which creates noise. Weekday. Any Monday through Friday (at 6:00 p.m.) which is not a legal holiday as defined herein. Weekend. Any Saturday or Sunday (until 8:00 p.m.). (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 1, 3-4-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4- 18) Sec. 15-8.3. Same-Program administration. (a) The noise and sound control program established by sections 15-8 through 15-8.9 shall be administered by the City Manager, or his/her designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.9 and its enforcement, municipal employees or officials engaged in the measurement of noise or sound, assessing compliance with such sections, making recommendations for noise and sound abatement, issuing noise and sound violations citations, or giving evidence regarding nois e and/or sound violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise and sound control. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 2, 3-4-86; Ord. No. 89-16, § 1, 6-20-89; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the City Manager or his/her designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.9 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) 1023 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 5 of 10 Note(s)—See the editor's note following § 15-8. Sec. 15-8.5. Sound and noise control—Prohibited acts. No person shall make, continue or cause to be made any noise or sound disturbance. The making of noise or sound in violation of this chapter shall constitute prima facie evidence of a noise and/or sound disturbance. (a) Sound or noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any sound or noise disturbances. (b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) The playing, using, operating or permitting to be played, used or operated, any r adio, phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who ar e voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of twenty-five (25) feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(d) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the City. (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal, bird or fowl is located. A person is responsible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise or sound disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(f). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise or sound disturbance. (9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to 1024 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 6 of 10 create a plainly audible sound across a residential real property line or on a public right -of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive zones. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. (10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of twenty-five (25) feet or more. (11) Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the City Commission. (12) The creation of any sound or noise on any street adjacent to a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive zone are in operation, which is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise or sound, and interferes with the operation of the entity, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (13) The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the reasonable use of any horn or signaling device, in such manner as to cause a noise or sound disturbance. (14) The creation or permitting of any loud or raucous noise or sound so as to disturb the peace, quiet or comfort of a residence within the immediate or adjacent neighborhood. (15) Vibration. The creation or permitting of any sound or noise that produces a ground vibration, noticeable, without instruments, at the lot lines of the property from which the sound or noise emanates, provided there shall be excepted from the provisions of this division the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like equipment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day. (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage, is subject to the restrictions on noise generation as otherwise set forth in this chapter. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 3, 3-4-86; Ord. No. 89-23, § 1, 9-19-89; Ord. No. 91-8, § 3, 2-19-91; Ord. No. 06-058, § 2, 7-5-06; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. 1025 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 7 of 10 (a) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b)(2). (b) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (c) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public of the existence of an emergency situation. (d) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right -of-way, including sporting events. (e) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (f) Fixed mechanical equipment. Noise generated by the operation and use of air conditioning units in residential districts. (g) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (h) Construction. The foregoing provisions of section 15-8.5(a), (b) and subparagraph (6) of this section shall not apply to municipal, county or state public works, emergency matters or matters having an effect on the public health, safety and welfare of the City in those zoning districts of mixed use, commercial and industrial, and where the noise or sound disturbance across a residential property line would not exceed those sound and noise limits set forth in section 15 -8.8 of this article. (i) Any vehicle of the City while engaged in necessary public business. (j) Noises and sounds of authorized safety signals and warning devices. (k) Noises and sounds resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption includes noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations. (l) Noises and sounds resulting from community events, including but not limited to, fairs, sporting events, school activities, community festivals, etc. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 4, 3-4-86; Ord. No. 89-23, § 2, 9-19-89; Ord. No. 01-24, § 1, 6-5-01; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.9 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each complaint of said violation shall be a separate offense. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 5, 3-4-86; Ord. No. 97- 51, § 2, 11-18-97; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) 1026 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 8 of 10 Note—See the editor's note following § 15-8. Sec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound and noise limits established. No person shall operate or cause to be operated any source of sound or noise as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create a sound or noise disturbance or an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) percent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 noise and sound level limits. Permissible noise and sound levels for noises or sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound or noise levels as defined herein. For the purpose of these sound and noise control provisions, such sound or noise levels shall be determin ed using FAST meter responses: Receiving Land Use Emanating Land Use Category Time Level Limit L10 Sound Residential Exterior Sun. - Thurs. 7:00 a.m. - 11:00 p.m. 60 (dB)A L10 Sound Residential Exterior Fri. & Sat. and holidays 11:00 p.m. - 7:00 a.m. 55 (dB)A L10 Sound Residential Exterior Sun. - Thurs. 12:00 a.m. - 7:00 a.m. 55 (dB)A L10 Sound Commercial Exterior At all times 65 (dB)A L10 Sound Residential Interior Sun. - Thurs. 7:00 a.m. to 11:00 p.m. 50 (dB)A L10 Sound Residential Interior Fri. & Sat. and holidays 7:00 a.m. - 12:00 a.m. 50 (dB)A L10 Sound Residential Interior Sun. - Thurs. 12:00 a.m. to 7:00 a.m. 45 (dB)A L10 Sound Commercial Interior At all times 55 (dB)A (c) Maximum sound and noise level limits. The maximum sound and noise level from any applicable sound and noise sources shall not exceed the L10 sound and noise level limits by more than the values listed below: 10 (dB) A from 7:00 p.m. to 11:00 p.m. 5 (dB) A from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise or sound. For any source of sound or noise which emits a pure tone or an impulse noise or sound, as defined herein, the sound or noise level limits for L10 and maximum sound or noise levels shall be reduced by five (5) (dB) A. 1027 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 9 of 10 (e) District boundaries. When a noise or sound source can be identified and its noise or sound can be measured in more than one land use designation, the pressure level limits of the most restrictive use district shall apply at that designation boundary. (f) The burden shall be on any person contesting the equivalent sound levels to establish the actual equivalent sound or noise level by clear and convincing evidence. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, § 6, 3-4-86; Ord. No. 86-14, § 1, 8-19-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.9 Same- Measurement of noise and sound. In determining whether a violation of this section has occurred, the complaint of noise shall be measured by the code enforcement division or Police Department according to the following plainly audible standard: (a) The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid. (b) The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound or noise source is located, and in any event from a location not less than twenty - five (25) feet from the source measured in a straight line. (c) When applicable, sound and noise shall be measured with a sound level meter. The sound or noise level shall be measured at a distance no closer to the point from which the sound or noise in question is emanating than the property line of the parcel or lot from which the sound or noise is emanating or through partitions common to two (2) parties within a building. (d) A measurement period shall not be less than ten (10) minutes in duration. The sound or noise b eing measured shall be representative of the sound or noise which instigated the complaint. (e) A measurement shall be recorded so as to secure and ensure an accurate representation of the sound or noise. (f) A measurement shall be taken at approximately five (5) feet above the ground or water surface away from any obstruction or reflecting surface. (g) When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement. (h) All manufacturers' directions on the operation of the sound level meter shall be followed (e.g. proper microphone angle). (i) All sound level meters used for measurement shall be in conformance with ANSI section 1.4 -1983, as amended. (j) All octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended. (k) Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4 -1971), as amended. (l) Measurements of sound and noise shall be made by individuals tr ained in a noise or sound measurement program approved by the county or other training facility. (Ord. No. 18-033, § 2, 12-4-18) 1028 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 10 of 10 1029 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 7C. Proposed Resolution No. R25-050- Award of Task Order No. GESCM- 2J-02-25 and approve a budget amendment to appropriate the funds for Craven Thompson Associates as the next pre-qualified vendor for the Preliminary Design of South Seacrest streetscape improvements in the amount of $161 ,170 plus a 10% allowance of$16,117 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$177,287 based on costs provided by Craven Thompson & Associates. Commissioner Turkin stated that this project has been a long time coming, over 30 years, and asked for a timeline of how we got here. Deputy City Manager Mack spoke about this being a continuation of his very first project when he started with the City. He said that these projects were planned over 20 years ago, and it is exciting to see this one get started. He stated that this will beautify the area and reduce speeding. He mentioned working with the County on this project and incorporating this project into the County's overall plan. Commissioner Turkin stated that he is excited to see this coming, and he praised County Commissioner Marci Woodward for her help in the project. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-050. Commissioner Hay seconded the motion. The motion passed unanimously. 10C. Discussion regarding construction hours near residential locations. Heard out of Order) Adam Temple, Assistant City Manager, stated that staff worked with Commissioner Cruz on this analysis, to get ready for this presentation. Pat Hart, Community Standards Supervisor, spoke about eight municipalities that they compared our Code to, in regard to construction hours. Commissioner Cruz thanked staff for doing this research and for coming to the Town Hall meeting in Monterrey. She mentioned that this is complete obstruction of peace and sleep of her constituents. Mr. Hart stated that they have staff checking Monterrey from 6:00 A.M. to 9:00 A.M. to see if anyone does work during those hours, and they are working with the Police as well. Commissioner Cruz stated that citizens have a right to a peaceful home. She asked to have a noise litigation waiver explained. 7 1030 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 John Kuntzman, Building Director, spoke about the waiver form that was used when City Hall was constructed, and what the rules are with the waiver. He said that for this project, the contractor had the Police on site during a portion of construction, which complied with the regulations. He stated that for another project, they had to have a complaint line, that was available to residents, to keep tabs on it. He spoke about reports that they have had on vibrations in the community. Mayor Penserga asked who owns the vibration censor. Mr. Kuntzman stated that they are provided by a third party. Mayor Penserga said that he would trust it more if the City owned the vibration censor rather than the third party. Commissioner Turkin said that maybe the City could choose a censor vendor. Commissioner Cruz stated that she wants to provide relief to these residents and future residents that are near construction locations. She said that she would like to remove the exemption of any construction after designated working hours, especially related to properties adjacent to residential areas within a certain number of feet. She said that the goal is to figure out the distance from residential homes to the building. Mr. Temple stated that there were a lot of concrete pours needed for this project, and they were trying to remove them from peak hours of traffic. Mr. Kuntzman spoke about the impact of the number of concrete trucks that are lined up to pour concrete for this project, and that shifting it to daytime hours would cause a huge backup in traffic. He mentioned some of the other reasons why they have been conducting concrete pours at night, instead of during the day. Commissioner Cruz said that unfortunately this is causing an issue with residents, and she understands the business side of it. She suggested a change of the hours. Mayor Penserga said that he supported changing the hours and distance from the residences. Commissioner Cruz said that she proposed constructions hours for 8 A.M.-8 P.M. Monday-Friday, 9 A.M.-8 P.M. on Saturday, and none on Sunday. She stated that this would be for any construction within a certain amount of feet of residential areas. Commissioner Hay said that he supports this, because quality of life is more important to him, than construction. He stated that he gets a lot of complaints about this as well. Commissioner Turkin said that he supports this change and suggestion, and that it is important to include the exemption of emergency matters, such as a busted water pipe. 8 1031 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 He stated that there is a lot of development that is coming, which was approved, so it is important to get ahead of this now. He mentioned that we are here to enable a policy to make necessary changes. Vice Mayor Kelley stated that the timing that she is suggesting is even shorter, 10 A.M. to 4 P.M. She said that she is in support of establishing construction times, and doesn't mind making it a little stricter, for at home quiet times in the evenings. Commissioner Cruz said that she is comfortable with the stricter hours. She asked to allow public comment on this item. City Attorney Lamb stated that we can come up with an Ordinance with this direction and have public hearings at that time. Commissioner Turkin stated that he doesn't mind opening up to comments. He asked if the cities we compared to have a separate noise ordinance. Assistant City Manager Temple responded that they did, and mentioned that the City has a citywide noise ordinance, with a construction portion. Dan Dugger, City Manager, said that it goes to midnight on the weekends, and spoke about the allowed decibels. He mentioned that if it is after hours, the Police will go there and check the decibel levels and report to Community Standards. Commissioner Turkin asked to make the noise ordinance stricter as well, because this should be updated. He mentioned that he would like a complete a code overhaul. Mayor Penserga asked if the City should make a separate Ordinance for construction hours. City Attorney Lamb stated our that Code of Ordinances is all over the place, and it is very expensive to do an overhaul, but she will determine if they need a completely new ordinance or not. She stated that the next meeting is March 18, which is after a new Board is sworn in. Commissioner Hay asked if we have measured the decibel levels at Monterrey. Mr. Hart stated that they have during the day, and it has measured to be in line with what is allowed. He spoke about the rules of how they measure decibel levels. Commissioner Hay said that he is okay with allowing Public Comments. Vice Mayor Kelley said that she doesn't want to set a precedent to allow Public Comment for this, when they already spoke during Public Audience. She stated that if we come back with an ordinance, it would allow for public comment. 9 1032 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 Commissioner Hay said that he understands, but would like to know which end of the spectrum is the most problematic. He mentioned that they can make an exception. City Attorney Lamb stated that this is a discussion item and that they can have a Public Comment portion when they come back with an Ordinance. Mayor Penserga said that the majority of the Board has decided to allow Public Comment. Beth Stanzone, Monterrey resident, stated that most recently, they had very loud pounding, and that she had to go try to talk to the construction company to mitigate the noise issue. She said that they have pieces of construction that over exceeds the decibel levels, it is not all the time. Amelia stated that this has been going on for eight months, and that they need help sooner than later. She said that they need some kind of relief today, not later. Mayor Penserga stated that direction has been given to staff. Assistant City Manager Temple clarified the direction that was given to staff for a Code change. Commissioner Cruz said that the purpose is to not allow construction to happen after 8 P.M., and removing the exception. Commissioner Turkin stated that he is okay to come back to for a special meeting if they need it. Mayor Penserga said that this is a draft. Commissioner Cruz said that it should only be when it is adjacent to residential areas, not for other areas. Commissioner Turkin said that the Board should be able to make changes, but without causing an issue where it doesn't affect residents. Commissioner Cruz reiterated her direction and said that this is very specific in the Code. 8. Public Hearing Commissioner Turkin left the dais at 7:33 P.M. Commissioner Cruz said regarding Items 8A that she has not had any ex-parte communication, has not received written communication, has not conducted an 10 1033 Florida Department of Transportation RON DESANTIS GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 JARED W. PERDUE, P.E. SECRETARY www.fdot.gov | www.d4fdot.com SENT VIA EMAIL TO: AbdurakhmanovM@bbfl.us Moisey Abdurakhmanov Public Works, Engineering City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 RE: Bid Concurrence for Contract G2U78, FM 446078-1-58-01, City of Boynton Beach Various Locations Dear Mr. Abdurakhmanov: The Department is in receipt of the Agency’s recommendation to award the above-referenced project. The bid tabulation documents are awarded to the lowest responsive, responsible bidder. The Agency was responsible for the pre-qualification criteria used for the prospective bidders, with the understanding that the evaluation was based on the contractor’s ability to perform the work, experience, personnel, equipment, financial resources, and performance record. Based on the information provided, FDOT concurs with the Agency’s selection of R&D Paving, LLC., with a total base bid amount of $4,855,166.07. The low bidder is not suspended or debarred as confirmed with the System of Award Management (https://sam.gov). The following items are considered non-eligible for payment: Item# Description Quantity/ Unit Total Amount Indemnification 1 LS $ 25.00 110-4-10 Removal of Existing Concrete 791 SY $ 26,103.00 160-4* Type B Stabilization 139 SY $ 2,946.80 285-704* Optional Base Group 139 SY $ 3,454.15 334-1-53* Superpave Asphaltic Concrete (Traffic C) (PG76-22) 2.3 TN $ 465.18 425-5-1 Manhole Adjust Utilities 18 EA $ 16,830.00 425-6 Valve Boxes Adjust 13 EA $ 10,725.00 550-10-220 Fencing Type B 5.1 – 6.0’ Standard 117 LF $ 4,732.65 1644-300 Fire Hydrant Install 11 EA $ 366,025.00 1644-900 Fire Hydrant Remove 10 EA $ 19,800.00 RD-1 Irrigation System Modifications 1 LS $ 10,000.00 RD-1 Video Allowance 1 LS $ 20,000.00 RD-3 Tree Allowance 1 LS $ 15,000.00 RD-4 Miscellaneous Metals Allowance 1 LS $ 1,000.00 RD-5 Water Main Modifications 1 LS $ 15,000.00 *A portion of this item is participating Total $ 512,106.78 Docusign Envelope ID: F75D39A7-C8CC-458E-ADD4-5C8E82655FE3 09/12/2025 | 2:50 PM EDT 9051034 Mr. Abdurakhmanov, Public Works, Engineering Page 2 www.fdot.gov | www.d4fdot.com Only eligible items can be reimbursed up to the amount programmed of $1,500,000.00 for construction. Be advised, negotiations with the contractor are not permitted during the award or execution period of the contracting process. Any changes to the contract bid items or quantities must be requested in writing and approved by the Department. Please provide the Department a copy of the contract between the Agency and the contractor for final review prior to execution. The Agency must create the construction contract screens and upload the executed construction contract in GAP prior to scheduling a pre-construction meeting. All Change Orders must be approved by the Department prior to execution. Please feel free to contact me should you have any questions. I can be reached at 954-777-4585 or via email to Helen.James@dot.state.fl.us. Sincerely, Helen James, P.E. Program Administrator Engineer Program Management Office - District Four HJ:ra cc: Mirna Crompton – City of Boynton Beach Mya Gray – FDOT Local Programs Office Ramon E. Alvarez, E.I. – FDOT Local Programs Office Rob Cables – FDOT Operations Center Ronald D. Arcalas, P.E. – FDOT Materials Lab Deborah Ihsan, P.E. – FDOT Construction Leonard Smith – FDOT Construction Hyacinth Williams – FDOT Construction (CEI) Sharon Singh Hagyan – FDOT Construction (Compliance) D4 Work Program – FDOT File Docusign Envelope ID: F75D39A7-C8CC-458E-ADD4-5C8E82655FE3 9061035 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 1 of 15 FPN: 446078-1-58-01 FPN: FPN: Federal No (FAIN): D422-045-B Federal No (FAIN): Federal No (FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: Fund: Fund: Org Code: 55043010404 Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: FLAIR Obj: FLAIR Obj: County No:93 Contract No: Recipient Vendor No: F596000282025 Recipient Unique Entity ID SAM No: FYYMUAVJDKC6 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida (“Department”), and City of Boynton Beach (“Recipient”). NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D” and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in City of Boynton Beach Various Locations, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before June 30th, 2026. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is $ 5,329,670.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit “B” may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,500,000.00 and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The Department’s participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D April 17th, 2024 3.29.24 G2U78 8381036 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 2 of 15 i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.l. and 5.m. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”. b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables must be received and accepted in writing by the Department’s Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If this box is selected, advance payment is authorized for this Agreement and Exhibit “H”, Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8391037 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 3 of 15 Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient’s contract award amount. j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. l. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. m. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8401038 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 4 of 15 "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration (“FHWA”), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost, time, DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8411039 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 5 of 15 adherence to contract requirements, construction quality and scope of Federal-aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit “I”, State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8421040 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 6 of 15 claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (“CFO”), or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Recipient must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “E” to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8431041 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 7 of 15 iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient’s audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient’s resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse (“FAC”) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient’s records including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 9. Termination or Suspension of Project: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8441042 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 8 of 15 The Department may, by written notice to the Recipient, suspend any or all of the Department’s obligations under this Agreement for the Recipient’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient’s complying in full with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act and the federal Brooks Act. c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit “G”, FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department’s first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8451043 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 9 of 15 proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Recipient and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient’s person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit “C”, Title VI Assurances in all contracts DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8461044 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 10 of 15 with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. c. 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 in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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. e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8471045 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 11 of 15 b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department’s or Recipient’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as “Entity” for the purposes of the below indemnification) who perform work in connection with this Agreement: “To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department’s or [RECIPIENT’]’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.” d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers’ Compensation Insurance as required by the State of Florida under the Workers’ Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient shall shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8481046 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 12 of 15 Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit “D”. This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance 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). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Recipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient’s facility, adequate title is in the Recipient’s name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8491047 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 13 of 15 making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. l. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. The Recipient shall: i. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. p. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits: a. Exhibits “A”, “B”, “C”, “D”, “E” and “F” are attached to and incorporated into this Agreement. b. If this Project includes Phase 58 (construction) activities, then Exhibit “G”, FHWA FORM 1273, is attached and incorporated into this Agreement. c. Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit “H”, Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. State funds are used on this Project. If state funds are used on this Project, then Exhibit “I”, State Funds Addendum, is attached and incorporated into this Agreement. Exhibit “J”, State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. e. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit “K”, Advance Project Reimbursement is attached and incorporated into this Agreement. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8501048 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC/OOC– 09/22 Page 14 of 15 f. This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit “L”, Landscape Maintenance, is attached and incorporated into this Agreement. g. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit “M”, Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit “N”, Traffic Signal Maintenance is attached and incorporated into this Agreement. i. A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit “O”, Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. j. The following Exhibit(s) are attached and incorporated into this Agreement: k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements * Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions * Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance (Florida Single Audit Act) * Exhibit K: Advance Project Reimbursement * Exhibit L: Landscape Maintenance * Exhibit M: Roadway Lighting Maintenance * Exhibit N: Traffic Signal Maintenance * Exhibit O: Terms and Conditions of Construction in Department Right-of-Way * Additional Exhibit(s): * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8511049 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 04/17/2024 | 5:18 PM EDT 8521050 Page 1 of 2 Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0A PROGRAM MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 446078-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and City of Boynton Beach (the Recipient) PROJECT LOCATION: The project is on the National Highway System. The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: Project Length: 0.841 Mile Post: 93900239 - 0.000-0.750 93900240 - 0.197-0.288 PROJECT DESCRIPTION: Construction of a 8-10’ wide shared used path on the west side of SE 1st St from E Woolbright Rd to SE 2nd Ave. and a 5' wide sidewalk on the south side of SE 5th Ave between SE 1st St and railroad crossing right of way. This project also includes drainage along with signing and pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department’s review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A. b) Design to be completed by N/A. c) Right-of-Way requirements identified and provided to the Department by N/A. d) Right-of-Way to be certified by 11.30.23. e) Construction contract to be let by 3.5.24. f) Construction to be completed by 6.30.26. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Issuance of the Notice to Proceed (NTP) to the City of Boynton Beach is subject to the submittal and approval of the LAP Certification package and the Production Package which includes 100% Signed and Sealed plans, approved cost estimate, technical specifications, executed construction contracts checklist and right-of-way certification. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8531051 Page 2 of 2 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8541052 Alt Form 525-010-40B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0B PROGRAM MANAGEMENT 8/21 Page 1 of 1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: Milot Emile, P.E. Interim City Engineer 124 E. Woolbright Rd. Boynton Beach, Florida 33435 FINANCIAL PROJECT NUMBER: 446078-1-58-01 PHASE OF WORK By Fiscal Year MAXIMUM PARTICIPATION (1) TOTAL PROJECT FUNDS (2) LOCAL FUNDS (3) STATE FUNDS (4) FEDERAL FUNDS Design- Phase 38 FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right-of-Way- Phase 48 FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction- Phase 58 FY: 2024 (Transportation Alternative) FY: (Insert Program Name) FY: (Insert Program Name) $ 5,329,670.00 $ $ $ 3,829,670.00 $ $ $ $ $ $ 1,500,000.00 $ $ Total Construction Cost $ 5,329,670.00 $ 3,829,670.00 $ 0.00 $ 1,500,000.00 Construction Engineering and Inspection (CEI)- Phase 68 FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 (Insert Phase) FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) $ $ $ $ $ $ $ $ $ $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $ 5,329,670.00 $ 3,829,670.00 $ 0.00 $ 1,500,000.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Mya Gray District Grant Manager Name Signature Date DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 04/19/2024 | 3:16 PM EDT 8551053 Alt Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0C PROGRAM MANAGEMENT 05/21 Page 1 of 2 EXHIBIT C TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8561054 525-011-0C PROGRAM MANAGEMENT 05/21 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities : Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8571055 Alt Form 525-010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0D PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient’s Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8581056 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8591057 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8601058 DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8611059 Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0E PROGRAM MANAGEMENT 11/22 Page 1 of 1 EXHIBIT E FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https://beta.sam.gov/fal/1093726316c3409a8e50f4c75f5ef2c6/view?keywords=20.205&sort=- relevance&index=cfda&is_active=true&page=1 Award Amount: $1,500,000.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 – Highways, United States Code http://uscode.house.gov/browse/prelim@title23&edition=prelim Title 49 – Transportation, United States Code http://uscode.house.gov/browse/prelim@title49&edition=prelim Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf Federal Highway Administration – Florida Division http://www.fhwa.dot.gov/fldiv/ Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) https://www.fsrs.gov/ DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8621060 Alt Form 525-010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0F PROGRAM MANAGEMENT 05/21 Page 1 of 2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8631061 Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8641062 Alt Form 525-010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-011-0G PROGRAM MANAGEMENT 10/23 Page 1 of 1 EXHIBIT G FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated October 23, 2023 is appended in its entirety to this Exhibit. FHWA-1273 may also be referenced on the Department’s website at the following URL address: http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA-1273. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8651063 1 FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8661064 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8671065 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8681066 4 (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8691067 5 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8701068 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8711069 7 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8721070 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor 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. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor 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 damages shall be computed with respect to each individual laborer or DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8731071 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* 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 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8741072 10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8751073 11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor 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). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8761074 12 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8771075 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8781076 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. DocuSign Envelope ID: A71CBAAC-342D-4C19-886B-936FDD6B804D 8791077