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R26-059 RESOLUTION NO. R26-059 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING REQUEST FOR QUALIFICATIONS NO. 3 25-045Q FOR ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW 4 SERVICES FOR NW 3RD STREET — SFWMD C-16, FLOOD RISK 5 REDUCTION (GRANT FUNDED)TO KEITH AND ASSOCIATES,INC.,AND 6 APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 7 CITY AND KEITH AND ASSOCIATES, INC., IN AN AMOUNT NOT TO 8 EXCEED $2,074,704.00; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, in accordance with the Consultant's Competitive Negotiations Act ("CCNA"), 11 Section 287.055, Florida Statutes, the City issued Request for Qualifications ("RFQ") No. 25-045Q 12 on August 19, 2025 to select a qualified engineering consulting firm to provide design, 13 environmental assessment, permitting, bidding, and construction phase services for the NW 3rd 14 Street— SFWMD C-16 Flood Risk Reduction Project within the Heart of Boynton area; and 15 WHEREAS, the RFQ sought a qualified engineering consultant to deliver a full suite of 16 services, including hydrologic and hydraulic modeling, environmental assessment, preliminary and 17 final design, value engineering, permitting, preparation of bid documents, bidding support, and 18 limited construction administration services during the construction phase; and 19 WHEREAS, the solicitation closed on September 24, 2025, with five (5) firms submitting 20 proposals. An Evaluation Committee was convened to review and score the proposals consistent 21 with CCNA evaluation standards.On November 12, 2025,the Committee shortlisted three(3)firms 22 for interviews. Final presentations and interviews were conducted on December 10, 2025. Based 23 on the final rankings, Keith and Associates, Inc., ("Consultant") was determined to be the most 24 highly qualified firm to provide the required services; and 25 WHEREAS, on January 20, 2026, the City Commission approved the evaluation 26 committee's recommendation and authorized staff to negotiate a contract with the Consultant 27 through Resolution No. R26-009. Negotiation meetings were held on January 22, 2026, February 28 12, 2026, and March 2, 2026. The final scope of work was confirmed to include all services 29 necessary to deliver the project, and the fee proposal was deemed fair, competitive, and 30 reasonable; 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 award RFQ No. 25-045Q for Engineering RESOLUTION NO. R26-059 33 Design and Environmental Review Services for NW 3rd Street — SFWMD C-16, Flood Risk 34 Reduction (Grant Funded) to Keith and Associates, Inc., and approve a Professional Services 35 Agreement between the City and Keith and Associates, Inc., in an amount not to exceed 36 $2,074,704.00. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT: 40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption. 42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 43 award RFQ No. 25-045Q for Engineering Design and Environmental Review Services for NW 3rd 44 Street— SFWMD C-16, Flood Risk Reduction (Grant Funded) to Keith and Associates, Inc. 45 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 46 approve a Professional Services Agreement between the City and Keith and Associates, Inc., in an 47 amount not to exceed $2,074,704.00 (the "Agreement"), in form and substance similar to that 48 attached as Exhibit A. 49 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 50 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 51 ancillary documents required under the Agreement or necessary to accomplish the purposes of 52 the Agreement, including any term extensions as provided in the Agreement, provided such 53 documents do not modify the financial terms or material terms. 54 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 55 of the City. A copy of the fully executed Agreement shall be provided to Dr. Poonam Kalkat to 56 forward to the Consultant. 57 SECTION 6. This Resolution shall take effect in accordance with the law. 58 [SIGNATURES ON THE FOLLOWING PAGE] 59 RESOLUTION NO. R26-059 60 PASSED AND ADOPTED this day of_,nv.\ \ 2026. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor— Rebecca Shelton ✓ 64 65 Vice-Mayor—Thomas Turkin ✓ 66 67 Commissioner—Angela Cruz ✓ 68 69 Commissioner— Mack McCray ✓ 70 71 Commissioner—Aimee Kelley cS N- 72 73 VOTE 9 ,0 74 ATTEST: 75 76 77 Tammy Stan one, CM4/" Rebecca Shelton 78 Interim City Clerk Mayor 79 80 APPROVED AS TO FORM: 81 (Corporate Seal) F g0YNT0 y At/ ‘ 83 (1;1, ;1 � F• �84 1NCo AL = Shawna G. Lamb 85 RP�RATED• City Attorney .. 1 920 , `��`ORIDP 6 \ O♦ H ENGINEERING DESIGN SERVICES - NW 3RD STREET- SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q 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 Keith and Associates, Inc. a corporation authorized to do business in the State of Florida, with a business address of 301 E. Atlantic Blvd, Pompano Beach, FL 33060, hereinafter referred to as "CONSULTANT"each a"Party"and collectively the"Parties". In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the CITY solicited proposals for a contract to perform Engineering Consultant Services, and WHEREAS,the CITY issued a Request for Qualification for Engineering Design and Environmental Review Services—NW 3rd Street—SFWMD C-16, Flood Risk Reduction (Grant Funded), RFQ No. 25-045 ("RFQ"); and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the RFQ; and WHEREAS,the CITY Commission on APr%1 , 2026, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the RFQ; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 — SERVICES. 1.1 CONSULTANT hereby agrees to perform all consulting and engineering services required for Engineering Design and Environmental Review Services — NW 3rd Street — SFWMD C-16, Flood Risk Reduction (Grant Funded), Phase I: Design, modeling and calculations, H&H study/modeling, surveys, environmental assessment, right-of-way (ROW) assessment and easement process, permitting, and preparation of a bidding package for proposed improvements, and Phase II: Upon grant approval for construction, the Consultant will provide bidding assistance and construction administration services for retrofitting stormwater infrastructure within the Heart of Boynton area. The terms and conditions of RFQ No. 25-0450 and the CONSULTANT's proposal are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, RFQ 25-045Q, and CONSULTANT's proposal, shall be resolved pursuant to the following order of precedence: (1) this Agreement, (2) RFQ No. 25-045Q, and (3) CONSULTANT's Proposal. 1.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.3 CONSULTANT shall complete all work in accordance with the phases of services described below, as more specifically described in the RFQ. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-1 1.4 Phases of Professional Services The services provided under this Agreement ("Professional Services"), intended to be compensated by the Fees, shall be categorized into the following phases of service, as applicable: 1. Pre-Design Analysis (or Planning/Study/Report) (NA) 2. Preliminary Design Phase and Estimated Construction Costs 3. Final Design and Construction Documents Phase and Estimated Construction Costs 4. Permitting Phase (expected to complete Phases 2, 3, and 4 within 11 months) 5. Bidding and Negotiation Phase (expected to complete in 3-4 months) 6. Construction Administration Phase (To be Determined) 1.5 Pre-Design Analysis (or Planning/Study/Report) Phase (Not part of the scope) 1.5.1 Scope. If the scope of Professional Services includes pre-design analysis or preparation of planning/study/report, the CONSULTANT shall: i)Consult with the City regarding the requirements and budget allocations for the scope of services/Project and review available data; ii) Advise the City as to the necessity of any additional services from other technical professionals; iii) Provide analyses of the City's needs, surveys, site evaluations, environmental assessments, utility locations and comparative studies of solutions; and iv) Provide a general economic analysis of the requirements applicable to various alternatives;and identify any areas of the task that can be properly value-engineered to produce a savings in the Project construction cost. 1.5.2 Deliverables: (a) If the scope of Professional Services includes design services: i. Prepare conceptual design criteria with appropriate sketches or exhibits, and identify in a clear manner the considerations involved and the alternative solutions available, as well as CONSULTANT's recommendations (the "Pre-Design Analysis"). The Pre-Design Analysis may include any pilot or bench scale study, shall be accompanied by CONSULTANT's preliminary estimate of total construction costs for the Project. (b) If the scope of Professional Services includes a Study or Report: Prepare a report which shall identify in a clear manner the issue and considerations involved; CONSULTANT's findings; the alternative solutions available, estimated costs, as well as CONSULTANT's recommendations; and shall include appropriate exhibits (the "Study Report"). 1.5.3. Presentations. If requested by City, CONSULTANT shall attend meeting(s) with City Commissioners and/or City administration and may be asked to prepare and make a presentation of the Study Report or Pre-Design Analysis. 1.6 Preliminary Design Phase 1.6.1 Scope. If the scope of Professional Services includes Preliminary Design, CONSULTANT shall address City's comments to the Pre-Design Analysis, and shall prepare the preliminary design package. The preliminary design package shall include the following: (a) Preliminary design drawings (30%), including design criteria and sketches or exhibits, including preliminary layout of proposed stormwater system. (b) Outline of technical specifications. (c) Estimated Construction Cost, in accordance with Section 5. (d) Location map exhibits (e) Survey and existing utilities as-builts (f) Utilities coordination documentation (g) Environmental documents (if applicable) (the "Preliminary Design Package"). RFQ 25-0450-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-2 1.6.2. Deliverable: The Preliminary Design Package for review and comment by the City. 1.6.3 Outreach. If requested, CONSULTANT shall assist the City with any public communication/information program during this phase or any other phase of the project, including neighborhood presentations. Such assistance shall include the development of presentation material and attendance at public meetings. 1.6.4. Presentations. If requested by City, CONSULTANT shall attend meeting(s) with City administration and/or City Commission and may be asked to prepare and make presentation of the Preliminary Design Package and Estimated Construction Cost. 1.6.5 Loan/Grant manaaement and reporting. If requested, CONSULTANT shall assist the City with managing and reporting requirements for any grants that may be used for funding the project/study. CONSULTANT will assist the City in identifying and following any procurement requirements for the particular funding mechanism used. 1.7 Final Design— Construction Documents Phase 1.7.1 Scope. If the scope of Professional Services includes design development of construction documents, then on the basis of the accepted Preliminary Design Package and Estimated Construction Cost of the project, the CONSULTANT shall prepare, for attachment to the forthcoming construction contract,final construction drawings identifying and describing the scope, extent and character of the work to be furnished and performed by contractor(s), which comply with all applicable building codes, laws and regulations, including loan/grant/other funding mechanism requirements (the "Final Drawings") and technical specifications for construction of the Project (the "Technical Specifications") at 60%, 90% and 100% completion. The Specifications are to be prepared in conformance with the sixteen division format provided by the Construction Specifications Institute. The Technical specifications shall include a Measurement section for the bid items. 1.7.2 Schedule of bid items. Prepare, for review and acceptance by the City, a proposed schedule of bid items. 1.7.3 Estimated Construction Cost. In accordance with Article 5, modify the Estimated Construction Cost of the project necessitated by the Construction Drawings and Specifications. In the event that the Estimated Construction Cost of the Project, when combined with the total Professional Services Fee and costs; plus any Construction Contingency or allowances established by the City, exceeds the total amount budgeted for the project as established by the City, then the CONSULTANT shall revise and/or redesign the documents to bring the designs back within the budgeted amount, unless the City provides written approval that the Estimated Construction Cost exceeds the project budget. If the reason that the Estimated Construction Cost exceeds the budget is reasonably foreseeable at the time of performing the Professional Services, CONSULTANT shall provide written notification identifying the specific reason to the City immediately upon CONSULTANT determination that the Estimated Construction Cost may exceed the project budget, and in such case, shall await further direction from the City before proceeding further with the Professional Services. If the reason that the Estimated Construction Cost exceeds the budget was reasonably foreseeable at the time of performing the Professional Services, and the CONSULTANT does not notify the City and obtain written approval from the City that the Estimated Construction Cost exceeds the project budget, CONSULTANT shall revise and/or redesign the documents at its own cost and expense to bring the designs back within the budgeted amount. 1.7.4 Deliverables: (a) 60% Construction Drawings, Estimated Construction Cost and draft Technical Specifications in editable electronic format(docx,.xls, dwg, and .pdf)for the review and comments of the City; (b) 90% Construction Drawings, Estimated Construction Cost and draft Technical Specifications in editable electronic format(docx,.xls, dwg, and .pdf)for the review and comments of the City; RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-3 (c) 100% Construction Drawings, Estimated Construction Cost and draft Technical Specifications in editable electronic format(docx,.xls, dwg, and .pdf)for the review and comments of the City; (d) Final signed and sealed sets of final Construction Drawings, Technical Specifications and Estimated Construction Cost in electronic format (the "Construction Drawings and Technical Specifications") along with all supporting calculations; and any associated documents; (e) Schedule of bid items; (f) Estimated Construction Costs within project budget, unless otherwise accepted in writing by the City. 1.8 Permitting Phase 1.8.1 Scope. If the scope of Professional Services includes permitting, then in consultation with the City and on the basis of the Construction Drawings and Technical Specifications and Estimated Construction Cost of the project, CONSULTANT shall prepare all necessary permit applications for submission with the Construction Drawings and Technical Specifications to the regulatory agencies for appropriate permits or other approvals. CONSULTANT shall provide technical criteria, written descriptions, and design data for the City's and CONSULTANT's use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the project. CONSULTANT shall respond to any comments or requests for information from permitting authorities, and assist the City in consultations with appropriate authorities. 1.8.2 Permits. In the event that the Construction Drawings and Technical Specifications are not granted the necessary or appropriate permits or other approvals from the appropriate regulatory agencies due to design issues, CONSULTANT shall revise and/or redesign the documents at its own cost and expense to ensure the necessary permits and approvals are granted. 1.8.3 Permit Fees. Permit application fees shall be determined and paid by CONSULTANT. 1.9 Construction Bidding and Negotiation Phase 1.9.1 Scope. If the scope of Professional Services includes the Construction Bidding and Negotiation Phase, then in consultation with City and on the basis of the Construction Drawings and Technical Specifications, CONSULTANT shall review price tabulation sheets and assist the City in evaluating bids or proposals and consult with and advise the City as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) for those portions of the work as to which such acceptability is required by the procurement documents. CONSULTANT will identify any areas of the Project that may be properly value-engineered to produce a savings in the construction cost. CONSULTANT may be required to assist the City's Procurement Division in the preparation of addenda or written clarifications of additional instructions, to interpret, clarify, or expand the procurement documents. 1.9.2 Bidding assistance, if requested. Only if requested, CONSULTANT may be required to: (a) Participate in any pre-bid conferences and/or attend the bid opening; (b) Assist the City in negotiating proposals for each separate prime contract for construction, materials, equipment and services. 1.10 Construction Administration Phase 1.10.1 Scope. If the scope of Professional Services includes the Construction Administration Phase, CONSULTANT shall consult with and advise the City and act as Owner's representative on the Project. CONSULTANT may be required to provide full or part-time RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-4 inspection staff as owner's representative to closely coordinate all activities with operations on a daily to weekly basis. CONSULTANT will have limited authority to act on behalf of the City as specifically provided in this Agreement. (a) Site visits. CONSULTANT shall conduct site visits in accordance with Section 1.10.2, herein. (b) Meetings. CONSULTANT shall conduct periodic meetings with the City and contractor(s). CONSULTANT shall be responsible for preparing periodic meeting minutes and distributing them to all in attendance. (c) Interpretations. CONSULTANT shall issue necessary interpretations and clarifications of the Construction Drawings and Technical Specifications and may issue additional instructions, by means of drawings, minor change orders, or otherwise, necessary to illustrate changes in the work. Change orders shall comply with Section 1.10.3 below. (d) Shop drawings; Samples. CONSULTANT shall timely review and approve or take other appropriate action with respect to shop drawings, samples, the acceptability of substitute materials and equipment proposed by contractor(s), and other data that the contractor(s) are required to submit to ascertain conformance to the Construction Drawings and Technical Specifications. CONSULTANT shall complete its review of submittals, shop drawings, samples and other data shall be completed so as not to delay the progression of the work or within fourteen (14)calendar days of receipt.The City shall be entitled to rely upon the approval of CONSULTANT that the shop drawings, product data,and samples approved by CONSULTANT conform with the Technical Specifications and design specified in the Construction Drawings, as may be amended. Such reviews and approvals or other action shall not extend to the means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. (e) Testing. CONSULTANT shall be obliged, in its role as the representative of the City on the project, to require special inspection or testing of the work, and shall receive and review all certificates of inspections,testing and approvals as required by laws, rules, regulations, ordinances, codes, orders or the contract documents to determine that the work complies with the requirements of, and that the results certified indicate compliance with the Technical Specifications. (f) Review of payment applications. CONSULTANT shall review applications for payment and the accompanying data and schedules, CONSULTANT shall determine the amounts owing to contractor(s)and recommend in writing payments to contractor(s)in such amounts. Such recommendations of payment will constitute a representation to the City, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of CONSULTANT's knowledge, information and belief, the quality of such work is in accordance with the Construction Drawings and Technical Specifications subject to(1)an evaluation of such work as a functioning whole prior to or upon substantial completion; (2)the results of any subsequent tests called for in the contract documents and (3) any other qualification reasonably stated in the recommendation(s). With regard to unit price work, CONSULTANT's recommendations of payment shall include final determinations of quantities and classifications of such work subject to any subsequent adjustments allowed by the Construction Drawings and Technical Specifications or terms and conditions of the construction contract for the Project. (g) Documentation review. CONSULTANT shall receive and review maintenance and operating instructions,schedules,guarantees, bonds,and certificates of inspection, tests, and approvals, which will be assembled by contractor(s) in accordance with the construction contract. Such review shall be limited to a determination by CONSULTANT that the content of said documents and instruments complies with the construction contract. In the case of certificates of inspection, tests, and RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-5 approvals, such review shall be limited to a determination that the results certified indicate compliance with the construction contract. CONSULTANT shall thereafter transmit said documents and instruments to the City with written comments and, if applicable, recommendations regarding same, prior to determination of substantial completion. (h) Substantial Completion Inspection. CONSULTANT shall conduct substantial completion inspection(s) to develop the "punchlist" and to determine if the work is substantially complete; such inspection to be scheduled within three (3) days of notice of substantial completion. Said punch list shall be prepared and signed by CONSULTANT and the City and delivered to contractor not later than three (3) calendar days after the walkthrough. If necessary, CONSULTANT shall assist in any mediation between City and contractor to develop an agreed punch list. (i) Final Inspection. CONSULTANT shall conduct a final inspection to determine if the completed work is in compliance with the punch list, "as-built" drawings," and the Construction Drawings, Technical Specifications, and construction contract documents. Within three (3) business days following such determination of compliance by CONSULTANT, CONSULTANT shall recommend in writing final payment to contractor(s) and shall give written notice to City and contractor(s) that the work is acceptable, subject to any conditions expressed in such recommendation. 1.10.2 Site visits. CONSULTANT shall visit the construction site at intervals appropriate to the various stages of construction as CONSULTANT deems necessary or as the City requests in order to enable CONSULTANT to observe as an experienced and qualified design professional the progress and quality of the various aspects of contractor(s)' work. Based on information obtained during such visits and on such observations, CONSULTANT shall advise City whether (i) the work is proceeding in accordance with the Construction Drawings and Technical Specifications, and (ii) the integrity of the design concepts have been implemented and preserved by the contractor(s). CONSULTANT shall keep the City informed of the progress of the work in the manner and frequency requested by the City. During such visits and on the basis of such observations, CONSULTANT may disapprove of or reject contractor(s)'work while it is in progress if CONSULTANT believes that such work will not produce a completed project that conforms generally to the contract documents or that it will prejudice the integrity of the design of the project as reflected in the Construction Drawings and Technical Specifications. CONSULTANT shall notify the City within twenty-four (24) hours of the discovery of such conditions that stoppage of the work may be necessary to ensure the proper execution of the Construction Drawings and Technical Specifications or to protect the public and/or property. CONSULTANT shall sign any Stop Work Notice issued by the City. CONSULTANT shall also have authority to reject all work, materials, and equipment which do not conform to the Construction Drawings and Technical Specifications and to decide questions raised by contractor which arise in the execution of the work. 1.10.3 Chance orders. CONSULTANT shall prepare work change directives and change orders as required or requested by the City. CONSULTANT will provide a response to the contractor and City with respect to a request for change order within a reasonable amount of time after receipt of contractor's notice and all necessary backup information required by CONSULTANT to formulate a response. CONSULTANT will have authority to make minor changes in the work which: (1) do not result in extra cost; and (2) do not extend the timeline for completion of the project, and (3) are not inconsistent with the purpose of the work. CONSULTANT is not authorized to bind the City to changes in contract price or time. 1.10.4 Contractor claims. CONSULTANT will make decisions in writing on all claims of the contractor(s), and on all other matters relating to the execution and progress of the work or the interpretation of the Construction Drawings and Technical Specifications and contract documents. All such decisions of CONSULTANT shall be final. In the event of any unresolved dispute between City and its contractor(s), CONSULTANT may mediate a meeting with City and contractor(s) to resolve the dispute. Notwithstanding the foregoing, CONSULTANT will not be an arbitrator of disputes between City and its contractor(s). RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-6 1.10.5 No contractor supervision. CONSULTANT will not, either during site visits or as a result of observations of contractor(s)'work in progress, supervise, direct, or have control over contractor(s)'work. Nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions incident to the work of contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their work. Accordingly, it is understood that CONSULTANT can neither guarantee the performance of the construction contracts by contractor(s) nor assume responsibility for contractor(s)'failure to furnish and perform their work in accordance with the contract documents. CONSULTANT shall not be required to make any examination to ascertain how or for what purpose any contractor has used the monies paid on account of the contract price, or to determine that title to any of the work, materials or equipment has passed to City free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between City and contractor that might affect the amount that should be paid. The limitations in this section shall not limit the responsibility of CONSULTANT otherwise set forth in this Agreement. CONSULTANT is NOT authorized to do the following: a. Expedite the work for the contractor(s). b. Advise the contractor(s)on building techniques or scheduling. c. Get involved in disputes or problems between contractor(s) and subcontractor(s). 1.10.6 Deliverables. (a) Periodic project meeting minutes. (b) Recommendations regarding payment applications; (c)Transmittal of maintenance and operating instructions, schedules, guarantees, bonds, and certificates, and inspection, tests, and approvals (assembled by contractor(s)) with written comments and, if applicable, recommendations regarding same; (d) Punch list of items to be completed by contractor after substantial completion; (e)Recommendation of final payment to the contractor(s)and written notice to City that the work is complete and reasonably conforms with the Construction Drawings and Technical Specifications. 1.10.7 Presentation. If requested by City, CONSULTANT shall attend additional City meeting(s) and may be asked to make a presentation of the project status or any issues or concerns. 1.11 Reauirement for Drawings and Plans. Unless otherwise set forth in the scope of services, plans shall be based on the North American Datum of 1983, 1190 Adjustment and the North American Vertical Datum of 1988. All drawings and plans shall be accurate, legible, complete in design, drawn to scale, and suitable for bidding purposes 1.12 CONSULTANT 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 CONSULTANT thereof in writing, CONSULTANT agrees to re-perform such deficient services without charge to the CITY. 1.13 The relationship between CITY and CONSULTANT created hereunder and the services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by CONSULTANT hereunder, so long as no other consultant shall be engaged to perform the specific project(s) assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for RFQ 25-0450-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-7 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 CONSULTANT hereunder. 1.14 CONSULTANT shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.15 The CITY's Representative during the performance of this Agreement shall be Jose C. Huertas, Engineer IV and Poonam Kalkat, Utilities Director. 1.16 The CONSULTANT'S Representative during the performance of the Agreement shall be Michael Cartossa, Project Manager, Senior Associate. ARTICLE 2 - COMPLETION SCHEDULE. 2.1 Term and Time For Performance. The Term of this Agreement shall commence upon the complete execution of this Agreement by both parties and the Issuance of a Purchase Order by the CITY to the CONSULTANT and shall continue until completion of the services described herein, unless earlier terminated in accordance with this Agreement. The schedule set forth in this section applies only to Phase I services, which include planning, design, modeling, surveys, environmental review, permitting, and preparation of the bidding package for the Project. All Phase I planning and design activities, including submission of the final invoice for Phase I services, shall be completed within three hundred thirty (330) calendar days, or as otherwise required to comply with the applicable grant schedule. Phase II services, consisting of bidding assistance and construction administration, shall be performed only upon approval of the grant funding for Phase II and issuance of a Notice to Proceed (NTP) to the construction contractor. The schedule for Phase II services shall be based on the construction contract schedule and the NTP date issued to the contractor. Notwithstanding the above, the total contract duration between the CITY and the CONSULTANT shall not exceed eighteen (18) months (five hundred forty-eight (548) days) from the date the construction bid for the Project is advertised, consistent with the schedule provided in the CONSULTANT's proposal. 2.2 Delay. 2.2.1 CONSULTANT's Professional Services shall be timely performed in compliance with the Project schedule or as amended in a writing executed by both parties. If CONSULTANT is delayed at any time in the progress of its Professional Services by any act, failure to act or neglect of the City, or any separate consultant or contractor hired directly by the City, or by occurrences beyond the control and without any fault or negligence of CONSULTANT, CONSULTANT shall provide to the City, within five (5) working days of the date the delay began, written notice of the delay. Provided CONSULTANT has timely notified the City of such delay, the City shall amend the schedule in writing, for the time delay actually caused by such occurrence, as determined by the City in its sole discretion. This extension of time shall be CONSULTANT's sole and exclusive remedy attributed to such delay. 2.2.2 CONSULTANT acknowledges responsibility for any delay damages suffered by the City as a result of CONSULTANT's negligent, reckless, or intentional wrongful actions or inactions. In the event that the City suffers or reasonably believes that it will suffer actual delay damages as a result of CONSULTANT aforesaid actions or inactions, the City, in its sole discretion, said discretion to be exercised reasonably and in good faith, shall have the right and be entitled to terminate this Agreement upon five (5) day's written notice and such termination shall not be construed to constitute a breach of this Agreement by the City. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-8 ARTICLE 3— PROFESSIONAL SERVICES FEE & EXPENSES. 3.1 Compensation. The professional services Fee and administrative reimbursements to be paid by the City to CONSULTANT, for all Professional Services of both CONSULTANT and any of its subcontractors under this Agreement shall not exceed: Two Million Seventy-Four Thousand Seven Hundred Four Dollars and Zero Cents ($2.074.704.00). This compensation amount shall be the sole amount paid to CONSULTANT. The compensation may be adjusted, if necessary, by a written amendment, duly approved and executed by CONSULTANT and City, provided the City's budget includes, or is adjusted to include, the entire Fee. 3.2 Fee Schedule. A detailed Fee Schedule, tied to the deliverables shall be attached as Exhibit A. The Fee Schedule shall detail the hourly rates, number of hours and a payment schedule that shall not be front-loaded. 3.2.1 Rates. CONSULTANT's hourly rates for every position or level of profession or staff for whom time will be invoiced under this Agreement shall be included in the Fee Schedule attached as Exhibit A and incorporated into this Agreement. All such rates shall be effective for the term of this Agreement. The fixed hourly costs for all positions will be applicable to both in-house professional engineering services and professional engineering services at the CONSULTANT firm's place of business. 3.2.2 Expenses. The Fee Schedule shall include all administrative out-of-pocket expenses to be reimbursed under this Agreement. 3.2.3 Supporting Documents. CONSULTANT shall maintain complete and orderly documentation underlying all of its invoiced out-of-pocket expenses, including copies of paid receipts, invoices, or other documentation acceptable to the City. Such documentation shall be sufficient to establish that the expenses were actually incurred and necessary in the performance of the Professional Services. 3.2.4 Mark-Up.Any out-of-pocket costs shall not be marked up more than three percent (3%). 3.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost of which are subject to the City's prior written approval, shall be paid in accordance with the rates and conditions established by the City's Travel Policy, a copy of which has been provided to CONSULTANT, or the applicable law or ordinance. 3.3 Subcontracts. CONSULTANT may invoice for Professional Services related to the sub-contractual services at the established hourly rates in the Fee Schedule. ARTICLE 4— INVOICES AND PAYMENT. The CONSULTANT shall be paid by the CITY for completed work and for services rendered in accordance with the Fee Schedule as follows: a. 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 work. b. The CONSULTANT may submit invoices to the CITY a maximum of once per month during the progress of the work for partial payment. Such invoices will be reviewed by the CITY to determine if services have been rendered in conformity with this Agreement, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Invoices must identify the PO number and contract number. d. Invoices shall be submitted to: Boynton Beach Finance Department RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-9 Attn:Accounts Payable 100 E. Ocean Avenue Boynton Beach, FL 33435 Email:AP c(Dbbfl.us Invoices shall be concurrently emailed to the City's Representative. e. Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the CITY. f. Final payment of any balance due to the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. g. 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 CONSULTANT, 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 CONSULTANT shall release CITY from all claims of liability by CONSULTANT in connection with this Agreement. h. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "Final Invoice" on the CONSULTANT's final/last billing to the CITY. The Final Invoice shall be submitted to the CITY no later than four (4) months after completion of all Professional Services. The Final Invoice certifies that all services have been properly performed and all charges and costs owed in connection with this Agreement have been invoiced to the CITY. Since this account will thereupon be closed, any other further charges if not properly included on the Final Invoice are considered waived by the CONSULTANT. i. The CONSULTANT'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. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. ARTICLE 5— ESTIMATED CONSTRUCTION COSTS 5.1 Included in Estimated Construction Cost The Estimated Construction Cost of a project shall include the total cost to City of all elements of the entire project designed and specified by CONSULTANT; including an itemization of each of the following: a. Cost of construction including all labor, materials and equipment required; including but not limited to,an estimated statement of proposed hourly rates and labor costs by job classification; general conditions, bonds and insurance, etc.; b. Allowance for construction cost contingencies; c. Regulatory permit fees; d. Allowance for other necessary services, such as materials testing, to be provided by others for the City; e. Traffic Control, when applicable; f. Sheet and shoring, when applicable; RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-10 g. By-pass plumbing, when applicable; h. Pressure Testing, when applicable; i. Video Taping Inspections, when applicable; j. Mobilization and De-mobilizations. 5.2 Excluded in Estimated Construction Cost The Estimated Construction Cost shall exclude CONSULTANT's Fee. 5.3 City's Reliance; Adjustment to Estimated Construction Cost CONSULTANT hereby represents to the City that CONSULTANT is aware that City is relying on the Estimated Construction Costs prepared by the CONSULTANT. CONSULTANT further represents that it has the necessary resources and expertise, including a cost analyst, to ensure that the bids received for the project will not exceed the Estimated Construction Costs determined by CONSULTANT in the performance of its Professional Services under this Agreement by a factor of more than ten percent (10%) over and above the Estimated Construction Cost at the time that the construction procurement solicitation is advertised for the project, subject to unforeseeable, documented, changes in markets and costs. In the event that the bidding phase has not commenced within three (3) months after CONSULTANT submits the Construction Drawings and Technical Specifications and Estimated Construction Cost of the project to the City, the Estimated Construction Cost of the project may be adjusted by CONSULTANT to reflect any documented change in the general level of prices in the construction industry between the date of submission of the Estimated Construction Costs to the City and the date on which the construction procurement solicitation is ultimately advertised. 5.4 Inaccurate Estimated Construction Cost In the event that a least two (2) responsive and responsible bids are received, and the lowest"best value" bid, as such term is used in the City of Boynton Beach Procurement Code, excluding any alternate bid items ("base bid"), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), the CONSULTANT shall explain, in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the City may at its sole discretion, exercise any one or more of the following options: (1) CONSULTANT shall be required to amend, at the sole cost and expense of CONSULTANT, the Construction Drawings and Technical Specifications along with the Estimated Construction Cost, to enable the project to conform to a maximum of ten percent (10%) above the Estimated Construction Costs of the project and the City's project budget with such amendments subject to the written final acceptance and approval of the City; (2) CONSULTANT shall be required to provide, at the sole cost and expense of CONSULTANT, re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the City until the base bid of at least one "best value" bid falls within the factor of ten percent (10%) of the Estimated Construction Cost of the project; (3) City may grant approval of an increase in the Estimated Construction Cost of project; (4) City may abandon the project and terminate this Agreement; or(5) City may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the project. Notwithstanding the foregoing and anything to the contrary contained in this Agreement, it is expressly understood and agreed that the redesigning services required to keep a project within 10% of the Estimated Construction Cost shall not be considered additional services and CONSULTANT agrees that it shall not seek compensation from the City for same. ARTICLE 6— MODIFICATIONS TO THE SCOPE Notwithstanding the foregoing provisions, the City reserves the right to make changes to a project or the scope of Professional Services at any time, including alterations, reductions or additions thereto. Upon receipt by CONSULTANT of City's notification of a contemplated change, CONSULTANT shall in writing: (i) provide a detailed estimate for the increase or decrease in CONSULTANT's Fee and other design costs that would result from the contemplated change; (ii)provide a detailed estimate for the increase or decrease in Estimated Construction Costs that would result from the contemplated change; (iii) notify the City of any estimated change in the completion date; and (iv)advise the City how the contemplated change shall affect the CONSULTANT's ability to meet the completion dates or schedules. If the City so instructs in writing, RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-11 CONSULTANT shall suspend work on the portion of the scope of services affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the parties shall execute a written amendment to this Agreement and CONSULTANT shall not commence work on any such change until such amendment is signed by the parties. It is further acknowledged and agreed that changes to Deliverables, or revisions of studies, that do not increase or change the overall estimate of time under the schedule shall be considered mere substitution of work for scope of work ("Substituted Services") already included in the Fee. Substituted Services shall not in any circumstances be considered compensable as other expenses, and, to the extent that the event of Substituted Services causes an overall reduction in the amount of time for services considered in the Fee Schedule, such shall result in pro-rata reduction of the Fee. ARTICLE 7—OWNERSHIP AND USE OF DOCUMENTS. All plans, drawings, calculation, construction documents, technical specifications, sketches, photographs, videos, illustrations,tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, regardless of form or format, will be considered works made for hire and, upon payment by the City of the Fee for same, will become the exclusive property of the City without restriction or limitation on their use and will be made available, upon request, to the City upon request and/or upon completion or termination of this Agreement. City shall not be required to pay any additional charges for the City's documents and records. Documents can be provided to the City electronically. Upon delivery to the City of said document(s), the City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. CONSULTANT will not copyright any material and products or patent any invention developed under this Agreement. CONSULTANT specifically waives and releases all rights which CONSULTANT may have in the materials, products, or invention pursuant to 17 U.S.C. §§106A and 113(d). CONSULTANT acknowledges and affirms that pursuant to 17 U.S.C. §106A1, such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such materials, products, or inventions might be subject. CONSULTANT waives and assigns to City all copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, inventions, and any work produced.Any reuse of CONSULTANT's prepared documents by the City, except for the specific purpose intended under this Agreement, will be at City's sole risk and without liability or legal exposure to CONSULTANT or its sub- consultants. a. Obligation to Furnish Documents to the City. CONSULTANT shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under this Agreement, all documents and materials prepared for the City in connection with this Agreement. All such documents and records shall be provided within a reasonable time at no additional cost. Such documents may be provided electronically. b. CONSULTANT's Records. Notwithstanding any other provision in this Section, CONSULTANT shall be entitled to retain a copy of all plans, drawings, calculation, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, for CONSULTANT's records only as is necessary for CONSULTANT to document its professional services. CONSULTANT acknowledges that plans, drawings, documents, and records related to the physical security of City facilities or security systems are exempt or confidential records and shall not be disclosed by CONSULTANT, except as authorized by law and specifically authorized by City. ARTICLE 8—GENERAL TERMS a. 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. b. Warranties and Representations. CONSULTANT 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 RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-12 this Agreement. CONSULTANT's services shall meet a standard of care for Project Management Consultant Services and related services equal to or exceeding the standard of care for professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement.CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Management consultant 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. c. Licensed. CONSULTANT represents that it is duly licensed in Florida to perform the Professional Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. d. Design and Constructabilitv. CONSULTANT hereby represents to City that where Professional Services includes development of Construction Drawings and Technical Specifications, such project: (i) is and shall be designed with no material defects in design, determined in accordance with sound architectural and engineering principles, as applicable, and generally accepted industry standards; (ii) is and shall be designed in accordance with generally accepted architectural and engineering standards, as applicable, and (iii) is constructible. Without waiver of City's other rights and remedies, City may require CONSULTANT to perform again, at CONSULTANT's sole cost and expense, any design services which were not performed in accordance with the requirements and standards set forth in this Agreement. CONSULTANT hereby waives any claims which it may have or assert against the City with respect to this section, except and unless and failure of CONSULTANT to perform, in whole or in part, is due to the action or inaction of the City. Without limiting any other remedy available to City,the CONSULTANT shall furnish at its own expense any redesign or revisions to the Construction Documents and Technical Specifications necessary to correct any material errors, omissions, failures or deficiencies in such documents, and shall, at its sole cost and expense, correct any work performed in accordance with deficient documents. The City's review or approval of, or payment for, any Professional Services or deliverables under this Agreement shall not be construed as a waiver of any rights under this Agreement or any cause of action arising out of performance under this Agreement. This section shall survive the expiration or termination of this Agreement. e. Indemnification. The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the CONSULTANT, its employees, agents, partners, principals or subcontractors. The CONSULTANT shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys'fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABILE FOR NEGLIGENCE. To the extent considered necessary by the City, any sums due CONSULTANT under this Agreement may be retained by City until all of City's claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-13 f. Insurance. During the performance of the services under this Agreement, CONSULTANT shall maintain the insurance policies required by the Insurance Advisory attached hereto as Exhibit B to this Agreement, 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. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated in Exhibit B, before commencing any service under this Agreement. CONSULTANT 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. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. g. Independent Consultant.The CONSULTANT and the CITY agree that the CONSULTANT is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. h. Covenant Against Contingent Fees. The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. i. Consultant's Competitive Negotiation Act. The parties confirm that the procurement of the professional services under this Agreement was the subject of the competitive selection and negotiation processes mandated by Section 287.055, Florida Statutes, unless specifically exempted therefrom. j. Truth-In-Negotiation Certificate. a. Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. RFQ 25-0450-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-14 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 CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)year following payment. k. Discrimination Prohibited. The CONSULTANT, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, disability, marital status, political affiliation, pregnancy, gender identity, and expression, sex or the presence of any physical or sensory handicap in the selection and retention of employees, procurement of materials, supplies, or in performance of any Work pursuant to this Agreement. I. Non-Waiver. Any waiver by either party of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. Nothing in this Agreement shall be interpreted to constitute a release of the responsibility and liability of CONSULTANT, its employees, sub-contractors, agents, and sub-consultants for the accuracy and competency of their designs, working drawings, Construction Documents, Technical Specifications or other documents and works, nor shall any approval by the City be deemed to be an assumption of such responsibility by the City for a defect or omission in designs, Construction Documents, Technical Specifications or other documents prepared by CONSULTANT, its employees, agents, or subcontractors. . m. Termination. a. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days after written notice by the City to the CONSULTANT for such termination in which event the CONSULTANT shall be paid its compensation for work performed through to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY against loss pertaining to this termination. b. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, CONSULTANT's failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices. c. In the event of the death of a member, partner, or officer of the CONSULTANT, or any of its supervisory personnel assigned to the project, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONSULTANT and the CITY, if the CITY so chooses. d. Notice of termination shall be provided in accordance with the "Notices" section of this Agreement. e. Upon termination, CONSULTANT shall immediately assemble and deliver all documents, drawings, signed and sealed drawings, Construction Documents, Technical Specifications, CADD files, calculations, specifications, correspondence, testing and materials information, warranties, manuals, written information, electronic data and all other materials in its possession concerning the Professional Services under this Agreement and City projects to the City. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-15 f. In the event of termination, CONSULTANT, upon receipt of the notice of such termination, shall: (1) stop the performance of the Professional Services on the date and to the extent specified in the notice of termination; (2) place no further orders or subcontracts except as may be necessary for completion of any portion(s) of the Professional Services not terminated and as authorized by the written notice; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Professional Services terminated by the notice of termination; (4)transfer title to the City(to the extent that title has not already been transferred)and deliver according to the manner, at the times, and to the extent directed by the City, all property purchased under this Agreement and reimbursed as direct items of cost and not required for completion of the services not terminated; (5) promptly assemble and deliver as provided above all documents related to this Agreement; (6) promptly complete performance of any Professional Services not terminated by the notice of termination and/or cooperate in transition of its consulting duties to appropriate parties at the direction of the City. g. In the event of termination,the City shall compensate CONSULTANT for all authorized Professional Services satisfactorily performed through the termination date, and for costs incurred, under the payment terms contained in this Agreement. In the event of Termination for Cause, no payments to CONSULTANT shall be made (1) for Professional Services not satisfactorily performed and (2) for assembly of and submittal of documents as required under this Agreement. In no event shall City be obligated to compensate CONSULTANT for lost profits, or any resulting or consequential damages h. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by CITY due to CONSULTANT's failure to comply with any term(s)of this Agreement. Surviving Provisions. It is agreed that the indemnity provisions, insurance provisions, the right to audit, governing law, and litigation, and all covenants, agreements, and representations made in this Agreement or otherwise made in writing by CONSULTANT, including but not limited to any representations made relating to disclosure or ownership of documents, shall survive the expiration or termination of this Agreement. n. Default of Contract& Remedies. a. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. b. Correction of Work. If, in the judgment of CITY, work provided by CONSULTANT does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONSULTANT 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. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONSULTANT : I. The abandonment of the project by CONSULTANT for a period of more than seven (7) business days. II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of RFQ 25-0450-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-16 the CITY's designee. III. The failure by CONSULTANT to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONSULTANT, where such failure shall continue for a period of seven (7)days after written notice thereof by CITY to CONSULTANT; provided, however, that if the nature of CONSULTANT 's default is such that more than seven (7) days are reasonably required for its cure, then CONSULTANT shall not be deemed to be in default if CONSULTANT commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by CONSULTANT or any other party in a manner not expressly permitted hereunder. V. The making by CONSULTANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONSULTANT of a petition to have CONSULTANT adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONSULTANT, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of CONSULTANT's assets, or for CONSULTANT's interest in this Agreement, where possession is not restored to CONSULTANT within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of CONSULTANT 's assets, or for CONSULTANT 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. d. Remedies in Default. In case of default by CONSULTANT, CITY shall notify CONSULTANT, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONSULTANT to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONSULTANT of such declaration of default and terminate the Agreement in accordance with the Termination section set forth above. o. Uncontrollable Forces. a. Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. b. Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. p. Notices. All written notices, demands, and other communications required or provided for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to the appropriate parties at the addresses(es) listed below. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-17 Notices to the CITY shall be sent to the following address: Daniel bugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to CONSULTANT shall be sent to the following address: ATTN: Michael Cartossa & Jorge Valle-Pellot Keith and Associates, Inc. 301 E.Atlantic Blvd. Pompano Beach, FL 33060 Phone: (561)469-0992 Email: mcartossa(c�keithteam.com Email: jvalle@keithteam.com q. Public Records. The CONSULTANT shall comply with Florida's Public records Law. Specifically, the CONSULTANT shall: a. Keep and maintain public records required by the CITY to perform the service; b. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and d. Upon completion of the contract, CONSULTANT shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. e. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CitvClerk(a bbfl.us r. Time of Essence.Time shall be of the essence for each and every provision of this Agreement. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16.FLOOD RISK REDUCTION(GRANT FUNDED) A-18 s. E-Verifv. CONSULTANT is used interchangeably with CONTRACTOR throughout this Section. CONSULTANT certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility,"as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately.Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty(20)calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one(1) year after the date of termination. t. Public Entity Crime Act 287.133. CONSULTANT represents that the execution of this Agreement will not violate Section 287.133, Florida Statutes and certifies that CONSULTANT and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers, directors or executives, and any sub-consultants have not been placed on the Convicted CONSULTANT List maintained by the State of Florida within 36 months prior to the submittal of the Proposal to under this RFQ. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-19 u. Scrutinized Companies 287.135 and 215.473. CONSULTANT certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT 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 CONSULTANT of the City's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. v. Sovereign Immunity.The CITY is a political subdivision of the State of Florida. Nothing in this Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida statute, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY of the limitation from liability provided to any successor statute thereof. w. Assignment. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. x. Binding Authority. CITY and CONSULTANT represent that they have the full power and authority to enter into and fully perform their obligations under this Agreement, and each bind itself, their partners, successors, assigns, and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in this Agreement. y. Attorney's Fees and Costs. 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. z. Protection of City Property. At all times during the performance of this Agreement, CONSULTANT shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. aa. Performance of Government Functions. Notwithstanding anything in this Agreement to the contrary, nothing contained in this Agreement shall in any way stop, limit, or impair the City of Boynton Beach from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions with respect to any project. bb. Compliance with Laws. It shall be the CONSULTANT'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 to the Professional Services. cc. No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity, RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-20 not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or CONSULTANT. dd. Severability. In the event that any term or provision of this Agreement shall to any extent be held invalid or unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the maximum extent permitted by law. ee. Litigation: Governing Law: Venue. This Agreement 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. The City and CONSULTANT submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. CONSULTANT agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. ff. Integrated Agreement. This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be the 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 CONSULTANT's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. gg. Effective Date and Execution. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts,each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid,and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. ARTICLE 9 - FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, CONSULTANT shall comply with all applicable federally required standard provisions,whether set forth herein below, in 2 CFR Part 200, or otherwise.Any reference made to CONSULTANT in this section shall also apply to any subcontractor under the terms of this Agreement. 9.1 Eaual Employment Opportunity,. During the performance of this contract, CONSULTANT agrees as follows: A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-21 employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee 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 CONSULTANT 's legal duty to furnish information. D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONSULTANT 's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. CONSULTANT will include the provisions of paragraphs (A) through (H) 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 CONSULTANT. CONSULTANT will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or CONSULTANT as a result of such direction, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 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 RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-22 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 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. 9.2 Davis-Bacon Act. CONSULTANT shall comply with the Davis-Bacon Act(40 U.S.C.276a to 276a- 7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, CONSULTANT must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONSULTANT must be required to pay wages not less than once a week. 9.3 Copeland "Anti-Kickback"Act. CONSULTANT shall comply with the Copeland "Anti-Kickback" Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). CONSULTANT must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 9.4 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)CONSULTANT must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. 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 (A) 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 (A) of this RFQ 25-0450-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-23 section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A)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 (26.4.2) of this section. D. Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) 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 (A) through (D) of this section. 9.5 CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). A. Clean Air Act. CONSULTANT agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. CONSULTANT agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. B. Federal Water Pollution Control Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONSULTANT agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000)financed in whole or in part with Federal assistance. 9.6 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 CONSULTANT'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). 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 RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-24 pursue available remedies, including but not limited to suspension and/or debarment. B. The CONSULTANT or Offeror 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 CONSULTANT or Offeror further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.7 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. 9.8 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). 9.9 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. 9.10 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. 9.11 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 said materials or inventions for Federal Government purposes. 9.12 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. 9.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. CONSULTANT shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre-approval. 9.14 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. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-25 9.15 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to CONSULTANT's actions pertaining to this Agreement. 9.16 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 FEMAAward Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. A. Prohibitions. i. 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. ii. Unless an exception in paragraph (B) of this clause applies, the CONSULTANT 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 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. i. This clause does not prohibit CONSULTANT from providing: (a)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (b) 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. ii. By necessary implication and regulation, the prohibitions also do not apply to: (a) 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. (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. C. Reporting requirement. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-26 i. In the event CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (ii)of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. ii. The CONSULTANT shall report the following information pursuant to this section: (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 by this Section: 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 CONSULTANT shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 9.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes,from 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. 9.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5)to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 9.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the CONSULTANT grants to CITY,a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, CONSULTANT will identify such data and grant to the CITY or 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 contract, CONSULTANT will deliver to the CONSULTANT data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONSULTANT. RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-27 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this 23rddaof M(1YL h , 2026. CITI( BOYNTON BEACH Rebecca Shelton, Mayor uthorized Official), Keith and Associates, Inc. Alan LizOw►Lk Print Name of Authorized Official Pres►ceo ltN.,.„ Title .`\`` p.S S Oc; ",,i tt3tAL •*: AttesUAuthea'f&jcated:,'... \` ,, A'''L '' �i� 19981`````. '11 :./Isis l a G7u7rna\ Print N e Approved as to Form: tAiein40 .94‘. Shawna G. Lamb,Office of the City Attorney Attest/Authenticated: S:2(-641.W.4._0— Tammy Stanzion , Interim CityQfflk , ON gOYNT04,X11 i A.. GORPO/ ;• i A NCS• 0 . z 0 19 RATED: 2 1�1, L.�0RIDA RFQ 25-045Q-NW 3RD STREET-SFWMD C-16,FLOOD RISK REDUCTION(GRANT FUNDED) A-28 EXHIBIT A FEE SCHEDULE KEITH Engineering Inspired Design. AGREEMENT FOR PROFESSIONAL SERVICES February 10, 2026 Rev. March 6, 2026 Keith Webber Project Name: Heart of Boynton Beach City of Boynton Beach Project Location: Boynton Beach, FL 100 E. Ocean Avenue KEITH Project Number: 15617.00 Boynton Beach, FL 33435 Phone: (561) 742 —6000 E-mail: webberk@bbfl.us Dear Keith Webber: In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith and Associates, Inc. dba KEITH (CONSULTANT) and City of Boynton Beach ("CITY") for professional services is submitted for your consideration and approval. The purpose of this Agreement is to outline the scope of services recommended by CONSULTANT and accepted by CITY, and to establish the contractual conditions between CONSULTANT and CITY with respect to the proposed services. CONSULTANT will begin work within ten (10) days after receipt of a fully executed copy of this Agreement. Such receipt will constitute written notice to proceed. This proposal will remain valid for thirty (30) days. PROJECT UNDERSTANDING The CITY has requested that CONSULTANT assist in the development of The Heart of Boynton. The PROJECT SITE is located in eastern Boynton Beach, Florida between 1-95, US 1, Boynton Beach Boulevard, and the C-16 Canal. The project consists of stormwater infrastructure improvements to increase the system capacity and reduce flooding. The project is divided into two (2) phases. Phase I will consist of Design, modeling and permitting, and Phase II will consist of construction administration services, upon grant approval. Additional information in graphic format is included on the following page. CONSULTANT will be responsible for the following disciplines: Survey, Subsurface Utility Engineering (SUE), Civil Engineering, Landscape Architecture and CEI Services. The scope of work is specifically described on the following pages and does not include work by other necessary disciplines unless specifically noted in the contract. The CITY/OWNER is responsible for all other disciplines to complete the project. For this project CONSULTANT has included Baxter and Woodman (Stormwater Modeling / H&H Study and Modeling), ECS Florida, LLC (Geotechnical Engineering / Environmental Engineering), The Merchant Strategy (S/WBE) (Public Outreach), TBG Consulting, LLC (SBE) (Construction Cost Estimating / Constructability Review). CONSULTANT has identified the following agencies that will require coordination, submittals and or permitting throughout the project: City of Boynton Beach Planning & Development, Engineering, City of Boynton Beach Utilities, South Florida Water Management District (SFWMD), Florida Department of Transportation (FDOT), Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), Palm Beach County Land Development (PBCLD) , Palm Beach County Roadway Division, Palm Beach County Health Department, Boynton Beach Fire Rescue Approval. If additional agency coordination is required, this will be included as a contract addendum. The CITY is responsible to provide GIS, record drawings, existing ICPR mode. www.KEITHteam.com Pompano Beach(HQ) • Miami • West Palm Beach • Orlando • Port Saint Lucie March 6, 2026/Page 2 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach CAD Standards: CONSULTANT will use its CAD standards to create and complete all deliverables within this agreement. Project Areas- Site Map _ ' i_Lu ,... ,•,----.- if I _, 4:Rolling Green �� rlilt- ,i - . l --_-_ - ,',I 3-- t :+ac7. I rill/ `71 LJ��' "=ice --ti Q1-'! l I' J'% 1----, _— ,.,- ='-< _ g:Rolling Green 6:Heart Of Boynton 1 I El I �' I IL �I -a_ ��-i = 1 F:I _ -- L 1 J ---Fr T I 1_� - I 1 . f l -' Ir� �-_ - 7:FDOT Drainage Ditch q - j r,ilii. 1 - r—' - E'Ocean Ave-- I j ttt Ocean Ave Boynton esalh3 I --- - i ..!.iii!ii!'iii�iiil i I �.� ',■y�' �w..i :yyy —�-}� Ir r ; LJ _I_ j �- f S:SE tst Street Legend ''�-il [I 47-71111:1\071.---r. IJ�,�1 R -----!-E-: _.1._ I- -I ji , I ID CO Boundary _J - .1___47, -,----.7,1,f, t..` _7._- ---;1` Irk -J ir2 High Tide Flooding r-__- �.iy2, Y•i'' -''.%). C f` ---1_ -t I — _-1e !�" Areas Prone to Flooding Li __1 +I r-� i. ,t\t. 1. - 1, -q.. 1 :1 ''Y- r�Interstate 95 -, -L=i! �_ -_�,-,—] l,j, V-I I _ _ Road Designations r I, o l j-j`_n -3-.�'- yv Woolbright Rd-- E Woolbrighl Rtl i �, •--•Slate Road -- i J I 1. ---County Road "Y' - --- _ -} } —_'City Road '- -- It1-� �.i. i i _.__} _ ��.i�G-� slt, , 1s r lmtrri , li lIiiHJIHH i �_. _____14A SFWMD C-16 CANAL n , *min ii .--.__-u=1,_:,7T�111 im ! iil ll iinuTi r , innI �._ ' — ��u mn inimii ivari ` 1�[ lllllllllllii L �- -� --- �Illlll�liii illi 1111 MP 3 -1 u- iinomm a1■uIi nm= aunii n �1�111 " I I - �_-_ . iluinli s111111111�11111#o�tri1ui� !that`' ,� E111111111 ,111111w1s11111 "111111114! f!li1111111i11 11111111/ I � �i - --/ / in iiimin iik1imi1 na 1111■I IlMii�1111111 11111111111 1111111 n I I-- r i_.111111=111111 ' Avi Legend 1111111- iii ®i u� r- -- -lir;' , T a ,-E L ®Aak62Ra 111111 iihIlil-� i- 1J a-.a, �',_ • —Proposed 5W Rocs II. LiDAR R 0 MN'�-�y! 1111 �NIIMM sI_ — oai � (it, _ 1 1�, • 4 5 12 N = %1 - ,I r I.1111.1161,1,,,,,. iiiii 0 +, 111�Id 1/ Me h ME ii i,5 NW • NMI r j W.'''.I. 11 .1'Aini I TIM. IIIIVI411111111.11 61111111111Pr me" -- . 15-155 II ' ll 15.5-16 IE ! ;ijr ag .A.11111..... mil ala . '. t 175 :-� i= i■iiplll_ �J• 14,- '�v'901:ii _1 i 1111 =� ,- 1 AN )141 k 16.5 18 `B19 +1= ■'_Ai�t1�. ' w' --- t �` I is I En _ 19.5'20 c�S a -` --" -, " aaalilt" _1111 ��[� �� 20•n ! ' II ' 1.111 JOT 1 Nr 111E11 - 22 25 _ w ttse,. Wafl��l#,e,,. :. .- 25 30 i-T-r-1 pi :TE_ Imill ... r11I 3K' t '.,� 30 45 0 250 500 i_fi-1 f , �F#fl r�-1-.1, t LE L.1 I 'or' y r 1__- . ar.. a r , 17-1:T1-1 n T--,r r��'�?-�,-f a ,1 r r—- -. 1�r------I � , Engineering Inspired Design. 1 March 6, 2026/Page 3 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach APPROACH CONSULTANT believes in a context-based approach that considers multiple facets of the development process resulting in solutions that are curated for each authentic scenario. In addition to the traditional design approach, we believe careful consideration should be given to economic, ecological, and social factors. This cohesive approach to each project is engineered to enhance the opportunity for a resilient solution. Our approach is categorized into the following three general phases: Exploration Phase — The process of becoming familiar with an area through extensive analysis. Inspiration Phase —The process of developing ideas emanating from the exploration process. Implementation Phase —The process of activating a decision or plan Engineering Inspired Design. March 6, 2026/Page 4 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach PROJECT SCOPE CONSULTANT will provide the below services to assist the CITY and Project Team. CO Survey El Transportation Engineering Services ❑ALTA/NSPS ❑ Major Roadway ® Topography D Minor Roadway ❑ Boundary ❑ Drainage ❑Tree ❑ Maintenance of Traffic Plans ❑ Sketch and Description ❑ Quality Control ❑ Construction Layout E Other ❑ Construction As-Built ® ROW ❑ Traffic Engineering Services ❑Traffic Impact Study ® SUE ❑Traffic Impact Statement ® Horizontal Designation ❑ Parking Study ® Location Services ❑ Pavement Marking and Signage ® Utility Mapping ❑ Signalization El Records Research ❑ Roadway Lighting ® Utility Coordination ❑ Other O Planning Services ® Landscape Architecture Services ❑ Due Diligence ❑ Hardscape and Paving ❑ Platting ❑ Fine Grading ❑ Rezoning ❑ Landscape ❑ Conditional Use Permit ❑ Irrigation ❑ Right of Way Vacation ❑ Site Lighting/Photometrics ❑ Site Plan Processing and Coordination ❑ Pools or Water Features ❑ Site Plan/Project Coordination ❑ Specialty Features ❑ Other ® Tree Inventory&Analysis ❑ Amenity Deck(s) ® Civil Engineering Services ❑ Other ® Paving, Grading and Drainage Z Water Distribution and Sanitary Sewer ® Construction/Program Management ® Erosion Control Plan Services ® Engineering Permitting ❑ Permitting ® Bidding Assistance O Building Permit Coordination ® Construction Observation ® Construction Certification ❑ Other It is assumed adequate service points already exist on-site or at the abutting site boundary or in the adjacent public right-of-way. No sewage pump station or offsite improvements or extensions, other than service connections, are anticipated under this Proposal. Engineering Inspired Design. March 6,2026/Page 5 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach DESCRIPTION OF SERVICES AND DELIVERABLES PHASE 1 (Design) Task 1 — Project Coordination and Preliminary Design • 1.1 Project Management • 1.2 Team Meetings and Meetings with Government Agencies • 1.4 Due Diligence • 1.5 Right-of Way Survey • 1.6 Topographic Survey • 1.7.1 Horizontal Designation Services • 1.7.2 Location Services • 1.7.3 Utility Mapping • 1.7.4 Records Research • 1.7.5 Utility Coordination • 1.8 Environmental Assessment • 1.9 Geotechnical Investigation Task 2 — Preliminary Design Report • 2.1 Existing H&H Modeling Review and Update • 2.2 Draft and Final Design Report, H&H Modeling, and Options • 2.3 BCA Compliance Verification Task 3— Final Design and Plan Development • 3.1.1 Preliminary Civil Engineering Design Plans (30%) • 3.1.2 Construction Documents (CD)— Final Engineering (60%, 90%, 100%) • 3.2 Technical Specifications • 3.3 Engineer's Opinion of Probable Cost • 3.4 Engineering Permitting • 3.5 Tree Inventory and Appraisal by Certified Arborist Task 4— Public Outreach Coordination (Design Phase) PHASE 2 (Construction -Subject to Approval of Phase 2 Grant) Task 5— Bidding Assistance (CITY will advertise and issue Addenda with CONSULTANT's Inputs) Task 6— Limited Construction Administration Services • 6.1 Shop Drawing Reviews • 6.2 Periodic Site Visits and Construction Observation • 6.4 Issue Clarifications • 6.5 Meetings and Conference Calls • 6.6 As-Builts Review • 6.7 Final Inspections • 6.8 Final Certifications Task 7 - Public Outreach Coordination (Construction Phase) Engineering Inspired Design. March 6, 2026/Page 6 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach PHASE 1 (Design) Task 1 — Prollect Coordination and Preliminary Design 1.1 Project Management CONSULTANT will perform contract maintenance including project management efforts for setup and maintenance of files, electronic folders and documents, schedule updates, and progress reports to CITY. CONSULTANT will establish responsibilities among project team members, lines of communication, project schedule and budget to ensure project goals are achieved. CONSULTANT will coordinate invoices with subconsultants, prepare and submit monthly invoices including monthly status reports. Quality Control & Quality Assurance (QC/QA) CONSULTANT employs a Quality Control (QC) and Quality Assurance (QA) process on all project tasks to ensure all projects meet the highest standards of quality, regulatory requirements, best practices and ultimately CITY satisfaction. Quality is achieved through proper planning, coordination, supervision, technical direction, definition of job requirements and by skilled personnel performing their work functions carefully. Quality is controlled through checking, reviewing, and surveillance of work activities by individuals who are not directly responsible for performing the initial work activity. Quality is verified by having a manager or designee performing Quality Assurance functions consisting of surveillance and auditing of the work and the procedures followed when performing the work. Quality is assured through independent reviews by qualified staff of the processes, procedures, documentation, supervision, technical directions, and staffing associated with the project. Quality Assurance (QA) will be performed at project management level and Quality Control (QC) is included in every task. 1.2 Team Meetings and Meetings with Government Agencies CONSULTANT will coordinate, prepare for and attend meetings with Government Agencies, including project orientation meetings, review with City Planning, Zoning, Fire Marshall, Engineering, and Utility representatives, and coordinate with applicable State and County Agencies required for final permit submittals. CONSULTANT will prepare for and attend all team meetings on an as needed basis for the duration of the project. CONSULTANT will be represented at reoccurring team meetings by the project manager and when necessary any team experts for specific disciplines. It is anticipated that ten (10) general meetings with agencies and three (3) review meetings with CITY at 30%, 60% and 90% are included. For all applicable meetings CONSULTANT will provide meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. Unless directed otherwise by the CITY these meeting minutes will only serve to capture the items directly responsible to the CONSULTANT team and the interaction with agencies and/or the CITY. 1.4 Due Diligence The purpose of this task is to work collaboratively with the design team to understand the context and influences on the project and to communicate these to the Team for review and discussion. The end goal is to develop an overview of the existing neighborhood, previously prepared concepts/model, code, and regulatory constraints and required agency coordination to understand potential strengths, weaknesses, and opportunities of the site. CONSULTANT will research, review, and evaluate available existing data, permits, as-builts, policies, regulations, existing mapping, studies, models, reports, and Light Detection and Ranging (LiDAR) information to validate or correct this data or obtain missing data to fully understand the existing stormwater infrastructure system within the CITY limits. Engineering Inspired Design. March 6, 2026/Page 7 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach CONSULTANT will utilize the LiDAR information in order to prepare the hydraulic model of the existing conditions. An inventory of the existing stormwater infrastructure will be based on the available existing data. No field inspections are anticipated. The CITY will provide information regarding the previous storm events to CONSULTANT for the calibration of the model. 1.5 Right-of Way Survey CONSULTANT will prepare Right of Way (ROW) Mapping for the project areas shown above in red (proposed drainage improvements) to support planning, design, and permitting efforts associated with private development. The ROW Map will be based on available record information, documents provided by the CITY, and survey field data. The remainder of the project area will be depicted as for planning purposes and does not constitute a boundary or Right of Way survey. • Obtain and review available record documents including: o Recorded plats. o Deeds and right-of-way conveyances. o Easement agreements. o Prior right-of-way maps or sketch exhibits. • Review documents provided by the CITY. • CONSULTANT will perform an analysis of record documents to: o Identify apparent public and private right-of-way limits affecting the project. o Evaluate roadway frontage, access points, and apparent ownership transitions. • CONSULTANT will prepare a base map depicting, as applicable: o Apparent right-of-way lines Adjacent parcel outlines and project boundary limits for reference. o Easements, access agreements, and rights-of-way impacting the development site. o Recorded roadway centerlines or edge-of-pavement references when available from record data. o Parcel identifiers and document references as shown in the public records. 1.6 Topographic Survey The topographic information will be gathered with a combination of LiDAR and conventional ground survey. Topographic information will include ground identifiable features if visible and accessible. Limits will extend to 5 feet past the Right-of-Way. • Prepare a survey in accordance with Rule 5J-17, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. • Prepare a digital terrain model suitable to provide 1-foot contours of the project limits. • The survey will consist of site features and general ground elevations and breaks in grade. • Spot elevations will be shown as derived from the DTM or ground survey. • Survey of the Canal o The Survey will start at the North/South top of bank extended to the SFWMD C-16 canal running East/West. Elevations will be GPS-based and shown at an interval of approximately 100 feet, including intermediate changes in grade, from edge of water to edge of water. The survey drawing will include the canals cross-sectional "spot"elevations at the described interval. • The Topographic Survey will include: o Above-ground improvements on the subject's property if visible and attainable. o Footprint of building structures. o Surface location of visible underground utilities (manholes, catch basins, valves, vaults, hand holes). o Rim and invert elevations of storm and sanitary manholes, culverts, catch basins, and outfalls including pipe sizes and type if attainable. If storm or sewer manhole structures 1 Engineering Inspired Design. March 6, 2026/Page 8 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach are full of water and/or debris making sufficient measurement of inverts and other information not measurable, CITY will be notified that maintenance activities are required prior to measurement. Survey estimate based on preliminary estimate of 42 structures total — 30 manholes and 12 catch basins. o Finish floor elevations of residences. o Sub-surface designation or location of underground utilities. Traffic pavement striping. o Parking spaces. o Overhead wires (horizontal location only). o Type and height of walls, fences. o Outline of areas of dense vegetation such as tree lines, bushes, hedges, and shrubs within the right of way. o Outline of landscaped areas. o Individual trees (and shrubs) over 4-inch caliper measured at breast height when not included within areas of dense vegetation unless specifically requested. • The Topographic Survey will not include: o Sub-surface foundations or structures. o Individual trees when within areas of dense vegetation. o Sprinkler Heads, irrigation equipment. o Underwater mapping/features. o Temporary features such as a trailer, delineator dome, landscape lighting, etc. • Deliverable will be an AutoCAD Civil 3d file utilizing CONSULTANT CAD standards and a signed and sealed plot (pdf) of the Survey. Terrestrial Mobile Mapping • The purpose of this terrestrial mobile mapping application is to acquire high-resolution geospatial data using vehicle-mounted sensors for efficient and accurate mapping of the project area. The mobile mapping system is equipped with LiDAR, GNSS, IMU, and high-definition cameras to collect spatial data while traversing the site. • LiDAR Processing o The accuracy analysis of the LiDAR point cloud data will conform to the requirements set forth in the ASPRS Positional Accuracy Standards for Digital Geospatial Data, Edition 2, Version 2 (2024), as published by the American Society for Photogrammetry and Remote Sensing (ASPRS). LiDAR data will be processed to meet industry standards, with a focus on bare earth representation. CONSULTANT will review the bare earth data to confirm areas where vegetation density may have impacted LiDAR penetration. If required, supplemental ground measurements will be performed to support data completeness. • Extraction o CONSULTANT will extract all visible and unobstructed topographic and planimetric features from the 3D stereo image models and the classified LiDAR point cloud in accordance with the project specifications. o A Digital Terrain Model (DTM), incorporating breaklines and spot elevations, will be developed to meet the defined project requirements and applicable industry standards. o Features extracted from the LiDAR may be combined with ground surveyed features during the final mapping process. Title Search • CONSULTANT has identified up to five (5) properties next to SFWMD canal (as shown on aerial below) where drainage outfalls will be potentially installed. CONSULTANT will perform title search services for these properties. • Fee includes Not to Exceed time and materials for $15,000.00 ($3,000/each). Engineering Inspired Design. March 6, 2026/Page 9 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach • CONSULTANT will prepare up to four (4) Sketches to Accompany Legal Descriptions for Easements, two (2) of the Sketches for the outfall locations for $12,000 ($3,000/each). • Add 4 easements sketch & descriptions and $/each up to 2 outfall locations `j:ill, �Ii ii .T..:.4,-..14'1,:-.,.:;,-;.;.;.,,,,,,,--a if � '67 Pel! �� WI-'—y--4-, f. �II.Y,.�rl �1� .r J�s��( n- y �a� n�yA� 1 :� y� - -"y. t : . $Lt$,'_._S�zs•►...f_. ■ -f s Fiv�lr - .}4 �i'al9ei .a.r . � _..moil"�1��1�11/' i It 1 1 ._ ' .---73 -:.;,..V.!:7-4' t a r!S`• X14 ...• � dt •1 �....�1:2M 1 „. 1 Ej midGA-, �[ _ it i wi g-I. it fir t . �)' ' i Dt.'J► R'Jlu J�cci1 +s g4:11:_ JI.- ' .� `.`3,17 5.4ti :r a' in int_ ;7t:!' -a+7' . '. 3i ?o . Illi,.._ 9 ' k d.' 1ib 1.111 —N -Ave. - � •IJP �7�-►'�r� �qWqwilm_fre N( ��Jt.7»a'dlk/t.I41�� ill Irl'., ..IM.�v. 4 z. ,..,, 0\ nJ. I<"41� CI �, 7J...e 4 lK`i_DP 1 yt . i, ,,. .,. _.l.r _ A..:`�ti'j , ,._ tea 1t-. �7I ;-i-: 'S g"a ITZ 1:I1 15411111.IF 1 � 'W^J �-s'�i'Awl-1i + '=O µ-i iii"Ir; �"li` f trA '_A1` .�, ? -f • i�..e s,..!_.,!,-,...:,,i,;,-,.,_:_..,��qG t ANN :Mr,l lS.i, 4.. I 1 --��u� M� n ■/}`r�� 1 n1f1�.o- � , . `F I VY`�, / i _-'FI Vin' '1 �+_r��—/��F�l�� (I I �t�2 ;�I f*+�3 �.L a �. ' J ))) '_� `r.Nlai is jh~+s.. t -lS, It'll'",,,,,'"' .„.„1 ,,,,, ^ii>T9�li[;INII; %•,. .-,,--eta ,_ Ntlr�l;Lir...5 RI'.4; -=sora,. l `;:rq SURVEY ASSUMPTIONS • Horizontal data will be reported in the North American Datum of 1983, 2011 adjustment (NAD 83/2011). Vertical data will be reported in the North American Vertical Datum of 1988. Horizontal and vertical data will be collected using RTK GPS and conventional methods with an accuracy of +/- 0.2'. • This survey does not include a tree inventory assessment. Tree species identification will be limited to general classifications (e.g., oak, palm, pine) and should not be considered botanically accurate or relied upon for precise nomenclature. • Expenses for travel are included in our base fee. • Utility Information scope of service excludes the cleaning of underground structures. • Utility Information scope of service excludes the maintenance of traffic requirements. If structures within the roadway require maintenance of traffic (traffic control) a contract amendment for this services request fee will be required. • CONSULTANT will utilize its established CAD standards, (in AutoCAD Civil 3D 2025) for the creation and completion of all deliverables under this agreement. • This service is strictly record-based and does not constitute a boundary, ALTA/NSPS. • No determination of property ownership beyond record document review. • ROW staking, monumentation, or property corner recovery is excluded. • ROW acquisitions, dedications, or vacation documents are excluded. • CONSULTANT does not certify ownership, jurisdictional authority, or enforceability of recorded rights-of-way or easements. 1.7 Subsurface Utility Engineering (SUE) and Utility Coordination CONSULTANT will follow ASCE Standard 38-22— "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data" during the field and office operations for this project. The quality levels discussed below are defined within the standard. CONSULTANT is to provide professional services associated with designation, location, and mapping of existing subsurface utilities. CONSULTANT will designate all known tone able and non-tone able utilities within the limits of Sara Sims Park, including Ir] Engineering Inspired Design. March 6,2026/Page 10 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach NW 1st Street and extending east to the back of sidewalk along N Seacrest Boulevard. Approximately 15,000 linear feet of roadway will be included, encompassing the full right-of-way plus five (5) feet into the adjacent property, as depicted by the magenta-highlighted areas on the attached aerial exhibit. In addition, a 10-foot radius around 42 SPT and percolation test soil boring locations will be designated. CONSULTANT will perform up to one hundred (100) test hole investigations, including the associated designation layout, data collection, and mapping. Gravity systems, service laterals, irrigation or overhead facilities are not included in this investigation. Surve /SUE Horizontal Designation Limits ham` s, , - y; - •c ', - c t h�+_�i j n„•'..L YrNt a '.� 71, ii.me rt WI, I r 1 f rr.r 7�j.; P•.nn„a nut n.. iR ii!'�� 'itt. tJ �••C�. . . wift, t' 4 I/N111.�6 117 r �`i�7, r. .EJ°'it'ed 1,1 ,. ' .. r MY"1; t, , , 4 • z) , .,,t t. (' a j•,►r,,, j„ft . r _ t rzyrb, • t it n it ,,. • L ' n- 1t1 , 1 a, ': #fid__ {2; Awa M i' °. , ! w . L , t_• ■- Ks)4th.i. TS ra STI Pa f' j,,;...____:_,:,..._♦ ( s 1 P. fir ' lig. '� 1 1 • r tr. 1 .,,i- 115607:00 Ve'artro.BB r 1 7} . .7t ,.4. is to „�:4t� ,r ..- -.1-4 'q ''''- - mi".*- - •,I7 d...P„ atfi , g:A--)1 lio. r ,=ti., '.''. r =�S%0 t4 ■iittir, Rw 4L�Wrl� i r 14 r• s AA'. ... r... ”, ntr,r ice- 11 t 7^ • ,, 4 �w,; T. ill • r .n'.'� f' r ,irI. �.*.'.:4‘1.11":. Vii..-` "” , .11"- ��riJ rS _I 1. ( i' • n n , r 36.43a5. 1 b' 1,,'OfJ� _ h � .-.Y. , —3--. . r`., •1- - • s L Ihbr hk tpY ��•"e - , ii.. / 1, 1.7.1 Horizontal Designation Services CONSULTANT will horizontally mark any known tone able and non-tone able underground utilities that are represented on as-built plans, above ground appurtenances, and other miscellaneous utility records(to be provided by CITY). The designation limits will include the magenta-highlighted areas shown on the attached aerial exhibit, consisting of Sara Sims Park and approximately 15,000 linear feet of right-of-way (extending 5' past the right of way). The limits also include forty- two (42) soil boring locations, each with a 10-foot radius, and the layout of up to one hundred (100) test hole locations. Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or overhead facilities unless specifically requested by the CITY and included in the scope of services. 1.7.2 Location Services CONSULTANT will perform up to one hundred (100) test holes at specific sites requested by the design engineer. Test holes will be utilized to expose utilities to minimize any potential for damage. Test holes performed will be of minimum size (usually 1' by 1'). Backfill of test holes will be V Engineering Inspired Design. March 6, 2026/Page 11 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach performed utilizing the removed material, if suitable. Areas will be restored back as close as possible to their original condition. Installation of an identifiable above ground marker will be performed at each test hole location. Field markers will consist of a nail and disk in asphalt, or an iron rod and cap with survey stake in grassed areas. Test holes performed in the street will be patched using cold patch. The test hole number and utility will be identified on the ground or on the stake, as appropriate. A test hole summary report will be created providing coordinates, depth of cover, type, size, and material if applicable. There is a four (4) test hole minimum for location services. Subsurface Utility Engineering Conditions and Understandings CITY is required by law to contract Sunshine State One Call of Florida forty-eight (48) hours in advance of any CITY excavation. CONSULTANT will not access confined spaces. If confined spaces need to be accessed for locating purposes, then the CITY will be notified, and further arrangements will be made for said access. Additional fees may be applicable. If additional MOT is required beyond the capability of CONSULTANTS standard MOT operations, CONSULTANT will notify the CITY. Additional requests outside the scope of services, when requested by CITY and/or CITY's representative, will be invoiced on an hourly basis. This proposal assumes site access is available and work can be performed between the hours of 7:30 AM and 5:00 PM Monday through Friday. 1.7.3 Utility Mapping CONSULTANT will perform surveying services to collect the surface markings completed in Task 1.7.1 and/or Task 1.7.2 that mark the underground utilities. Survey of said markings will be based on Real-Time Kinematic (RTK) GPS observations and referenced to the Florida State Plane Coordinate System (NAD83/11) and the North American Vertical Datum of 1988 (NAVD88). Survey of Horizontal Designations will be delivered in a geo-referenced (NAD83/11) AutoCAD file. Survey of Location Services (test holes) will be delivered in Excel in PNEZD format. 1.7.4 Records Research CONSULTANT will perform utility records research to assist design team and/or CITY in identifying utility owners that may have facilities within project limits and may be affected by the project. CONSULTANT will collect any applicable utility owner records for review, assistance, and development of a composite drawing or equivalent. All obtained utility information will have the corresponding quality levels indicated; utility type and/or ownership; date of depiction; accuracy of depicted appurtenances; active or out-of-service status; size; condition; and encasement (if applicable). 1.7.5 Utility Coordination The purpose of utility coordination is to ensure that all utility negotiations have been completed and arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. Identifying Existing Utility Agency Owner(s) CONSULTANT will identify all utilities within project limits/boundaries that may be impacted by the project. CONSULTANT will: • obtain/update design ticket from One Call Sunshine (811) service. • review available survey data. Engineering Inspired Design. March 6, 2026/Page 12 of 23 Heart of Boynton Beach /Proposal#15617.00 City of Boynton Beach Make Utility Contacts CONSULTANT will make up to 2 formal utility contacts: • First Contact: transmit to UAOs Constructability set of plans with utility facilities shown on the plans. Request mark-ups, potential conflict locations and costs for relocations. • Second Contact: final plans distribution to UAOs. Distribute to UAOs updated project schedule. Request from UAOs documentation with final disposition of utility facilities within project limits. Identify agreements and bundle all utility information in the final utility package. Transfer final utility package to Project Manager. Based on the projects complexity more contacts may be necessary. Those contacts will require additional compensation. Collect and Review Plans and Data from UAO(s) CONSULTANT will review utility marked plans and data individually as they are received for content. Ensure information from the UAO (utility type, material, and size) is sent to the designer for inclusion in the plans. Forward all requests for utility reimbursement and supporting documentation to the Project Manager. Utility Design Meeting CONSULTANT will schedule, notify participants, and conduct a Utility meeting with affected UAO(s) if needed. The intent of this meeting will be to assist the UAOs in identifying and resolving conflicts between utilities and proposed construction before completion of the plans. CONSULTANT will keep minutes of all utility meetings and distribute a copy to all attendees. Review Utility Markups & Work Schedules and Processing of Schedules &Agreements CONSULTANT will review utility marked up plans, work schedules, and other documents as they are received for content and will share received information with Project Manager/Design team. Utility Coordination/Follow-up CONSULTANT will provide utility coordination and follow up. This includes follow-up and assisting the UAOs with completion of their work schedules and agreements. Includes phone calls, face- to-face meetings, etc. Ensure the resolution of all known conflicts. Utility Constructability Review CONSULTANT will review utility plans and work schedules for compatibility with construction plans and schedule (if provided) for all UAOs that are impacted by the project. Utility Coordination Certification/Close-Out CONSULTANT will complete utility coordination and prepare a package containing a list of contacted UAOs and their responses related to the construction of the project. The package will be submitted to Project Manager and Design team. 1.8 Environmental Assessment (ECS) ECS will support the City of Boynton Beach and CONSULTANT as the environmental and regulatory lead for the Heart of Boynton Coastal Resiliency Project. ECS's role is to help the project clear FEMA requirements, complete NEPA and Environmental and Historic Preservation review, and obtain required environmental approvals without impacting design or funding. ECS will lead FEMA NEPA and Environmental and Historic Preservation coordination with FEMA Region IV and the Florida Division of Emergency Management. An Environmental Assessment or EA-level documentation effort is anticipated based on project location, floodplain conditions, and proposed Engineering Inspired Design. March 6, 2026/Page 13 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach stormwater improvements. ECS will manage NEPA scoping, documentation, Environmental Justice review, and floodplain compliance under Executive Order 11988. Cultural resources compliance under Section 106 of the National Historic Preservation Act will be addressed as part of the NEPA process through an ECS-managed qualified subcontractor, including coordination with the Florida State Historic Preservation Officer. ECS will complete environmental contamination screening appropriate for trenching, exfiltration systems, and subsurface work, including Phase I ESA-equivalent review and additional investigation if needed. ECS will also evaluate wetlands, waters, and protected species, with targeted field verification as appropriate, and develop avoidance, minimization, and construction best management practices. ECS will support anticipated environmental permitting, including USACE Section 408 permission associated with the SFWMD C-16 Canal, screening for Clean Water Act Section 404 and Rivers and Harbors Act Section 10, FDEP Environmental Resource Permit documentation and SFWMD coordination, and local environmental and Right-of-Way permitting. ECS will prepare environmental exhibits, participate in agency coordination, and support responses to environmental comments. ECS will not serve as permit applicant of record. ECS will maintain files for potential audit throughout the project to support FEMA and FDEM review and protect HMGP reimbursement eligibility. 1.9 Geotechnical Investigation (ECS) ECS will provide geotechnical engineering support for planning, design, and permitting of the Heart of Boynton Coastal Resiliency Project. ECS's role is to support stormwater infrastructure design, trenching, exfiltration systems, and associated improvements with reliable subsurface data and practical engineering recommendations. Services will include a subsurface investigation program consisting of soil borings and field testing within proposed improvement areas. ECS will evaluate subsurface conditions, groundwater levels, and soil characteristics relevant to stormwater conveyance, exfiltration performance, and trench stability. Laboratory testing will be performed as needed. ECS will prepare a geotechnical engineering report summarizing subsurface conditions and providing recommendations for excavation, backfill, pavement support, and stormwater infrastructure installation. During design and construction, ECS will support CONSULTANT with geotechnical clarifications and review of differing field conditions. o 25 SPT's (20' depth) o 17 Percolation Testing (10' depth) o 17 Horizontal & Vertical Percolation Testing o 25 Pavement Cores Task 2 — Preliminary Design Report 2.1 Existing H&H Modeling Review and Update The CITY has an existing model of this area which was prepared in December 2021 with updates during 2025. The model and its results are documented in several reports. The Heart of Boynton portion of the stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model will be beneficial because ICPR4/StormWise now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4/StormWise. Additionally, modeling associated with the CITY's Stormwater Master Plan will be utilized for comparison and validation. The model updates will include basins that can consider proposed drainage improvements in Engineering Inspired Design. March 6,2026/Page 14 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach a higher level of detail. Modifications will be made to an existing condition model. Improvements will be added such as the additional exfiltration trenches, offline stormwater storage chambers, and bioswales as recommended by the CONSULTANT and agreed to by the CONSULTANT and the CITY. Up to three (3)alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with a drawing/figure of the final recommended drainage improvement layout, a discussion of the level of service, and discussion of permitting issues. 2.2 Draft and Final Design Report, H&H Modeling, and Options CONSULTANT will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation with design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by CONSULTANT. The Final PDR will incorporate CONSULTANT'S comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: o Stormwater technical memorandum o Existing H&H modeling review and update o Preliminary recommendation of options (maximum of three (3)) o Preliminary permitting meeting results 2.3 BCA Compliance Verification CONSULTANT will prepare a FEMA-compliant Benefit-Cost Analysis (BCA) to support the CITY's grant application for the neighborhood drainage improvement project. Services include: Data Collection & Review Compile and evaluate available hydrologic/hydraulic data, flood history, structure inventories, valuations, and project cost estimates required for FEMA's BCA methodology. Identify and coordinate resolution of any data gaps. Damage & Benefit Evaluation Develop existing-condition and with-project damage estimates using FEMA-approved methodologies. Quantify eligible benefits such as avoided property damage, emergency response costs, displacement, and infrastructure impacts. BCR Development at Design Milestones Prepare and run the FEMA BCA Toolkit at the 90% Construction Documents (CD) stage and update the analysis at 100% CDs. Apply FEMA-required discount rates and project life assumptions and calculate the Benefit-Cost Ratio (BCR). Perform adjustments or sensitivity checks as needed to demonstrate cost-effectiveness. Documentation Provide a complete BCA package for each milestone, including the BCA Toolkit file, a brief technical memo summarizing methods and assumptions, and supporting tables, figures, and backup data suitable for grant submission. Coordination & Revisions Participate in up to two coordination meetings and provide reasonable updates or responses to state or FEMA reviewer comments during the grant evaluation process. Engineering Inspired Design. March 6, 2026/Page 15 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach Task 3 — Final Design and Plan Development 3.1 Design Drawings Submittals 3.1.1 Preliminary Civil Engineering Design Plans (30%) CONSULTANT will prepare preliminary plans for CITY review. CONSULTANT will research existing available records for the project and prepare preliminary civil engineering plans for the infrastructure improvements to support the processing of the site plan layout for the Project. The preliminary civil engineering plans will be prepared in accordance with the CITY and regulatory agency requirements and will include Paving, Grading and Drainage, Water and Sewer System adjustments and services. The preliminary engineering plan will include available existing utility information collected from various sources (Government Agencies, Utility providers etc.). This preliminary utility information will be relied upon by CONSULTANT in the preliminary design phase. Final design may require additional survey and Subsurface Utility investigation to verify the preliminary information supplied to or obtained by CONSULTANT. CONSULTANT's topographic survey will be utilized as a base for the preliminary civil plans. Preliminary water, sanitary sewer and drainage calculations will be performed (as needed) to address the impacts of the proposed development relating to the requirements of the site plan submission. The plans will contain the location of the proposed site lighting as designed by the CITY's other Consultants. This proposal does not include the design of the site or roadway lighting system(s). Deliverables • Preliminary Design Plans. • Preliminary Water, Sewer and Drainage Calculations as required. 3.1.2 Construction Documents (CD) — Final Engineering (60%, 90%, 100%) Paving, Grading, and Drainage Plans CONSULTANT will prepare on-site paving, grading, and drainage construction plans, to support the proposed development, which meet the requirements of the jurisdictional regulatory agencies. Calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. The stormwater management system will address water quality treatment and water quantity storage to meet the requirements of the jurisdictional agencies. It is anticipated that the proposed drainage system will consist of a series of catch basins, pipes, swales, and/or dry retention areas. Exfiltration trenches may be proposed for water quality treatment. Typical sections and standard paving and drainage details and notes for the construction of the paving, grading, and drainage system are included. Soils percolation tests to satisfy regulatory agency requirements will be performed by others as required. No offsite roadway improvements beyond a direct driveway connection to the immediately adjacent road are anticipated and as such not included in this Agreement. Fees for these services will be submitted to CITY as additional services under a contract addendum if required. Pavement Marking and Signing Plans CONSULTANT will prepare a signing and pavement marking plan for the project that meets the requirements of the regulatory agencies. This plan will include standard details and notes. Engineering Inspired Design. March 6, 2026/Page 16 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach Water Distribution and Sanitary Sewer Plans CONSULTANT will prepare combined water distribution and sanitary sewer system plans to service the proposed development. Water and sanitary sewer calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. It is anticipated that all existing utility infrastructure is adequate to provide the required domestic water, fire, and sanitary sewer services to the proposed improvements. An evaluation of the existing infrastructure regarding capacity to service the proposed development will be made. Design services for Public Infrastructure improvements required to serve the proposed development will be addressed with a supplemental additional services agreement. These engineering services do not include the extension/replacement and/or upsizing of any water and/or sanitary sewer mains surrounding the site. Services associated with designing and permitting any off-site infrastructure improvements (including off-site lift stations) required to provide service to the site will be addressed as additional services. Erosion Control Plans CONSULTANT will prepare an Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor's use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)" through FDEP. The Erosion Control Plan(s) will include standard details and notes to meet the requirements of the regulatory agencies. Demolition Plan CONSULTANT will prepare a Demolition Plans incorporating removal of the existing improvements in conflict with the proposed facilities. This plan will include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Deliverables • Construction Documents (60%, 90% and 100% Construction Documents) for above referenced Plans. • Specifications — For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) • Water, Sewer and Drainage Calculations as required. 3.2 Technical Specifications Technical Specifications will conform with City of Boynton Beach Standard Specifications for Construction. The CITY will provide CONSULTANT with technical specification package to be reviewed and signed and sealed by CONSULTANT and to be included in the contract documents. CONSULTANT will provide CITY with electronically signed and sealed Construction Plans Set for bidding purposes upon completion of the review process. TEngineering Inspired Design. March 6, 2026/Page 17 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach 3.3 Engineer's Opinion of Probable Cost CONSULTANT will prepare cost estimates at 30%, 60%, 90%, 100% plan submittal using TBG cost estimates. 3.4 Engineering Permitting CONSULTANT will prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Paving, Grading, and Drainage System • City of Boynton Beach Planning & Development, Engineering — ROW Permit • South Florida Water Management District (SFWMD) — ERP • South Florida Water Management District (SFWMD) —Water Use Permit Dewatering • South Florida Water Management District (SFWMD) — ROW Permit • Army Corps of Engineers (ACOE) — Section 408 (by SFWMD) • Army Corps of Engineers (ACOE) — Nationwide Permit • Florida Department of Transportation (FDOT) — Access / Drainage Permit • Palm Beach County Land Development (PBCLD)— ROW Permit Water and Sewer System • City of Boynton Beach Utilities Review • Palm Beach County Health Department Permit (if required) CONSULTANT will supply erosion control plans and ERP / Surface Water management permits, to the owner and building contractor for contractor's use in preparing the NPDES Storm Water Pollution Prevention Plan (SWPPP)and securing the required NPDES Construction Activity Permit. The contractor (as permittee) is responsible to monitor the construction activity for compliance with the NPDES permit and report to FDEP in accordance with the Permit. If additional permits are required, CONSULTANT will process them and the fees for these additional services will be submitted to CITY as additional services under a contract addendum if required. Application fees for the permits will be paid under the reimbursables for this project. Deliverables • Permit applications and submittal documents required for above listed regulatory agencies for the listed project improvements. 3.5 Tree Inventory and Appraisal by Certified Arborist CONSULTANT will visit the project to confirm and evaluate the location, size and quality of existing trees within the areas impacted by drainage improvements (up to areas shown below in red including the Sara Sims Park as needed) and identify which trees are to be removed or relocated, as well as any remaining trees that will require protection. Tree locations to be based on the topographic survey provided under CONSULTANT Task 1.6. 1Z1 1 Engineering Inspired Design. March 6, 2026/Page 18 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach • •'4 z _ i.Tx• _ _ B+y,101 Canal II • r 1,-.4 N[113 A 44- ttl.iklif t i'!i I 4i ' { it Is J1 it,.M +39 ' gr" iM' , `i i I �- ::' , , I. art 7d.y� •i1' tile Y.►.. • ' .o •. i. 14 ..,.,..r, car •,...,.. .. r c l' r .F� " 1 ,I r-j;.I % i i.4, ell r 1' at St k RIM Deliverables • CONSULTANT will develop a Tree Disposition Plan depicting all existing trees on the project site. This plan will indicate species (scientific and common name), size (DBH, height and canopy spread) and condition according to ISA regional information. Plan will also note which trees are to be removed, which are to be relocated, and which are to remain and be protected throughout construction. • CONSULTANT will develop a table including basic tabulations and calculations for tree removal and mitigation as required by local jurisdiction. • Arborist Report if required by the City of Boynton Beach for specimen-sized trees. Report will include individual photos and condition narrative for all specimen-sized trees including visible health issues, site conditions and other relevant trees and species information. Task 4— Public Outreach Coordination (Design Phase) Public Outreach Meetings (Two Meetings) TMS will handle logistics for two (2) public outreach meetings TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. TMS will draft and edit two (2) public outreach meeting notices to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to one (1) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. TMS will provide one (1) staff member to attend two (2) public outreach meetings. TMS will provide sign- in sheets, take notes and provide summary to CITY. Resident Concern Log TMS will develop a stakeholder database that includes all residential and commercial properties, schools, hospitals, and places of worship within 500 feet of the project site using Palm Beach County Property Appraiser's Office, Google Earth and Google Maps. Additional stakeholders include Homeowners, Property, Condo, and Neighborhood Associations, elected officials, schools, places of worship, and other interested parties. Task includes QAQC by supervisor. ZEngineering Inspired Design. March 6, 2026/Page 19 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach TMS will staff the hotline as first point of contact for the CITY during working hours (Monday through Friday 9 am - 5 pm). Calls that come in before/after hours will be responded to the next business day. ONE-TIME FEE TMS will provide CITY with monthly summary report of hotline communication. Project Website Development & Maintenance TMS will develop a project webpage which can be hyperlinked to the CITY's webpage. Webpage will provide project information, location, schedule, important dates, documents, FAQ, and a contact us feature. ONE-TIME FEE includes Development of webpage; SSL certification for project duration; webpage hosting for project duration; Google translate; ADA compliance; and QAQC by supervisor with up to two (2) rounds of edits. TMS will update and maintain the webpage. Task includes QAQC by supervisor. PHASE 2 (Construction Administration) Task 5 — Bidding Assistance Services CONSULTANT will assist CITY during procurement of the Project. Such assistance includes reviewing cost estimate/proposal from Contractors, responding to Requests for Information ("RFIs"), and attending the pre-bid meeting held prior to the advertised bid date. CONSULTANT will provide timely responses to the inquiries of potential bidders through written addenda. CONSULTANT will send these queries to the CITY's Contract Administrator. CONSULTANT will evaluate the bids for completeness, full responsiveness, and price, including alternative and unit prices, and will make a formal recommendation to CITY regarding the award of Contract. CITY will evaluate the bid for nontechnical requirements. Task 6 — Limited Construction Administration Services Construction Observation for Certification CONSULTANT will provide construction services to ensure the integrity of the design intent and certify to the CITY and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take place in the time frame indicated in the "SCHEDULE" for CONSTRUCTION ADMINISTRATION SERVICES below. It is assumed total construction schedule to be eighteen (18) months including two (2) months of start up and two (2) months of close out and certifications. 6.1 Shop Drawing Reviews CONSULTANT will review required shop drawings, such as samples, product data, plant photos, and calculations, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. CONSULTANT will also determine the acceptability, subject to CITY approval, of substitute materials and equipment proposed by contractors. Engineering Inspired Design. March 6, 2026/Page 20 of 23 Heart of Boynton Beach/ Proposal#15617.00 City of Boynton Beach 6.2 Periodic Site Visits and Construction Observation CONSULTANT will visit the Project at intervals appropriate to the various stages of construction, as CONSULTANT deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor's work. It is anticipated that services will consist of twenty (20) hours a week for fourteen (14) months. CONSULTANT will coordinate and attend one (1) Pre-construction Meeting. If required by the CITY, CONSULTANT will attend or participate in CITY scheduled coordination and progress meetings or telephone conferences. The Contractor will coordinate through CONSULTANT the scheduling of testing. CONSULTANT will represent the CITY in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. CONSULTANT will provide additional construction observations at the request of the CITY / Permit agencies due to unforeseen conditions or other circumstances. Additional construction observation services, Re-tests and failed inspections, will be invoiced on a time and material basis in accordance with CONSULTANT Professional Service Fee schedule (attached). CONSULTANT will provide field verification of contract quantities and review and certification of Contractor's pay applications. 6.3 Issue Clarifications CONSULTANT will issue all instructions and revisions of the CITY to Contractor(s); issue necessary interpretations and clarifications of the contract documents; have authority, to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CITY and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. CONSULTANT will issue revisions to plans due to potential comments from FEMA or other agencies after their review between Phase 1 and Phase 2. 6.4 Meetings and Conference Calls CONSULTANT will attend and/or participate in periodic project meetings and conference calls as requested by the CITY. It is anticipated one (1)meeting a month for eighteen (18) months. CONSULTANT will review requests for information prepared by the Contractor and respond accordingly to all parties. CONSULTANT will prepare drawings supplemental information needed to address the contractor's request for information. CONSULTANT will provide meeting agenda and meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. 6.5 As-Builts Review CONSULTANT will review the record drawings (as-builts) to ensure substantial conformance to the permitted plans twice. Additional reviews due to non-compliant As-builts submitted by the contractor, may impact schedule and will require additional fees. The contractor will be expected to have the as-builts revised in accordance with all comments. 6.6 Final Inspections CONSULTANT will participate with the CITY's representative, in a substantial completion inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written "Punch List" of any defective or deficient items. Engineering Inspired Design. March 6, 2026/Page 21 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach CONSULTANT will participate in a final inspection together with CITY and contractor representatives to verify "Punch List" items are complete, and in substantial conformance to the permitted plans. Additional inspections due to non-compliant Punch List item, may impact schedule and will require additional fees. Upon satisfactory completion of the final inspection, CONSULTANT will certify the work has been completed in substantial conformance to the permitted plans, subject to any conditions therein expressed. 6.7 Final Certifications CONSULTANT will prepare final certification to all appropriate permitting agencies utilizing record drawings for the design from the survey information supplied by the contractor, or by other means agreed to by both CONSULTANT and CITY. We anticipate the following items requiring as-built certification: • Paving, Grading and Drainage System • Water System • Sanitary Sewer System Task 7 — Public Outreach Coordination (Construction Phase) Public Outreach Meeting (One Meeting) TMS will handle logistics for one (1) public outreach meeting. TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. TMS will draft and edit one (1) meeting notice to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to one (1) round of edits. Cost of printing and postage will be actual and separate. TMS will provide one (1) staff member to attend one (1) public outreach meeting. TMS will provide sign- in sheets, take notes and provide summary to CITY. Hotline and Resident Concern Log TMS will update and maintain the stakeholder database developed in the Design Phase for the duration of the Construction Phase. Task includes QAQC by supervisor. TMS will staff the hotline as first point of contact for the CITY during working hours (Monday through Friday 9 am - 5 pm). TMS will provide CITY with monthly summary report of hotline communication. Project Website Maintenance and Updates TMS will update and maintain the webpage. Task includes QAQC by supervisor. Engineering Inspired Design. March 6,2026/Page 22 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach SCHEDULE Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT will commence work on the project. We anticipate commencing work within 5 business days from notice to proceed, completing the prescribed work within 11 months (for Phase 1) and 18 months (for Phase 2) from the time of advertisement of the bid, subject to timely reviews and approvals by all permitting agencies. PHASE 1 (Design) 11 Months Task 1 — Project Coordination and Preliminary Design 1.1 Project Management 11 Months 1.2 Team Meetings and Meetings with Government Agencies on going 1.4 Due Diligence 1 month 1.5 Right-of Way Survey concurrent with task 1.6 1.6 Topographic Survey 6 Months 1.7.1 Horizontal Designation Services 2-3 Months 1.7.2 Location Services 2-3 Months 1.7.3 Utility Mapping 2-3 Months 1.7.4 Records Research 2 Months 1.7.5 Utility Coordination concurrent with task 3 1.8 Environmental Assessment 6-11 Months 1.9 Geotechnical Investigation 2-3 Months Task 2 — Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 1-2 Months 2.2 Draft and Final Design Report, H&H Modeling, and Options 2-3 Months 2.3 BCA Compliance Verification concurrent with task 3.1.2 Task 3 — Final Design and Plan Development 3.1.1 Preliminary Civil Engineering Design Plans (30%) 3 Months 3.1.2 Construction Documents (CD) — Final Engineering (60%, 90%, 100%) 6 Months 3.2 Technical Specifications concurrent with task 3.1.2 3.3 Engineer's Opinion of Probable Cost concurrent with tasks 3.1.1 & 3.1.2 3.4 Engineering Permitting 8 Months 3.5 Tree Inventory and Appraisal by Certified Arborist 2 Months Task 4 — Public Outreach Coordination (Design Phase) 11 Months PHASE 2 (Construction Administration) 18 months Task 5 — Bidding Assistance 3 Months Task 6 — Limited Construction Administration Services 18 Months Task 7 — Public Outreach Coordination (Construction Phase) 18 Months Engineering Inspired Design. March 6, 2026/Page 23 of 23 Heart of Boynton Beach/Proposal#15617.00 City of Boynton Beach COMPENSATION LS TASK FEE SUMMARY KEITH I BW ECS I TMS I TBG Total Team FRE (Prime) PHASE 1-DESIGN I I I I Task 1 Project Coordination and Preliminary Design 5461,450.001 542,729.001 5105,400.001 50.001 $0.00 $609,579.00 NTE Task? Preliminary Design Report $49,660.001 5132,929.001 50.001 $0.001 59,120.00 5191,709.00 NTE Task 3 Final Design and Plan Development 5540,300.001 5110,544.001 $0.001 $0.001 $44,220.00 $695,064.00 NTE Task 4 Public Outreach Coordination 513,100.001 $5,643 001 $0.001 $15,300.001 $0 00 $34,043.00 NTE Task 5 Owner Controlled Allowance-Phase 1 560,000.00 NTE SUBTOTAL PHASE I-DESIGN $1,064,510.00 $291,845.00 $105,400.00 $15,300.00 $53,340.00 $1,590,395.00 NTT PHASE 2-CONSTRUCTION ADMINISTRATION Task Bidding Assistance 514,000.001 50.001 $0001 50.001 50.00 $14,000.00 NTE Task? Limited Construction Administration Services 5275,720.001 56,144.001 50 001 50.001 SO 00 $281,864.00 NTE Task 8 Public Outreach Coordination(Construction Phase) 54,460.001 50.001 SO 001 S12,750.001 50.00 $17,210.00 NTE Task 9 Owner Controlled Allowance Phase 2 $40,000.00 NTE SUBTOTAL PHASE 2-CONSTRUCTION ADMINISTRATION 5294,180.00 $6144.00 $0.00 $12,750.00 $0.00 $353,074.00 NTE Total Fee $1,358,690. $297,989. $105,400.0 528,050. $53,340.00 $1,943,469.00 NTE Reimbursable 565,000.00 5500.00 551.735 00 514.000.00 50.00` $131,235.00 NTE TOTAL.FEE 51,423,690. $298,489.00 $157,135.0 $42,050.00 553,340.00 $2,074,704.00 NTE `NOTE. The above "(Hourly/Estimate)"project task fees are based on the durations listed in the Project Schedule above. If the Task scheduled durations exceed the estimated time listed in the Project Schedule above, the "(Hourly/Estimate)"fee will increase proportionally. This work will be billed in accordance with CONSULTANT current Professional Service Fee Schedule. If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned. IN WITNESS WHEREOF, CONSULTANT and CITY have executed this agreement the day and year indicated below. As to CONSULTANT As to CITY KEITH City of Boynton Beach Signature: Alex Lazowick, PE, PMP, ENV SP Print Name: President/ CEO Title: DATED: DATED: Z.] Engineering Inspired Design. EXHIBIT B Fee Schedule Management Utility Coordination Project Executive $250.00 Senior Utility Coordinator $200.00 QA/QC Manager $200.00 Utility Coordinator $180.00 Senior Project Manager $225.00 Utility Coordinator Technician $145.00 Project Manager $200.00 Utility Coordinator Analyst $120.00 Senior Grant Coordinator $180.00 Grant Coordinator $165.00 Survey Administrative Assistant $100.00 Senior Surveyor $200.00 Professional Surveyor $180.00 Engineering Project Surveyor $145.00 Senior Engineer $200.00 Survey Analyst $120.00 Professional Engineer $180.00 Engineering Designer $145.00 Subsurface Utility Engineering Engineering Analyst $120.00 Senior Subsurface Utility Engineer $200.00 Subsurface Utility Engineer $180.00 Planning Subsurface Utility Technician $145.00 Senior Planner $200.00 Subsurface Utility Analyst $120.00 Professional Planner $180.00 Planning Technician $145.00 Field Crew Rates Planning Analyst $120.00 Field Crew Supervisor $130.00 Survey Crew $180.00 Landscape Architecture Survey Drone/LiDAR Crew $200.00 Senior Landscape Architect $200.00 Utility Designating Crew $180.00 Landscape Architect/Arborist $180.00 Vacuum Excavations $500.00/Ea. Landscape Designer $145.00 Landscape Analyst $120.00 Construction Services Senior Construction Manager $200.00 Architecture Construction Manager $180.00 Senior Architect $200.00 Senior Inspector $150.00 Architect $180.00 Inspector $120.00 Architect Designer $145.00 Architect Analyst $120.00 Geotechnical Engineering Senior Engineer $180.00 Professional Engineer $140.00 Project Engineer $110.00 Geotechnical Field Technician $75.00 Site Layout $65.00 RFQ CW24-001 General Engineering Consulting Services Fee Schedule Exhibit B Z KEITHFEE PROPOSAL Project 415617.00 NW 3rd Street-SFWMD C-16,(Heart of Boynton),Flood Risk Reduction- Engineering Services(RFQ#25-0450) COMPENSATION AND METHOD OF PAYMENT This work will be completed as Maximum Not-To-Exceed(NTE)work authorization in the amount of 52,074,704.00 in accordance with the below breakdown: KEITH TASK FEE SUMMARY BW ECS TMS TBG Total Team IS or (Prime) NTE PHASE 1-DESIGN I I I I Task 1 Project Coordination and Preliminary Design $461,450.001 $42,729.001 5105,400.001 $OAOI $0.00 $609,579.00 NTE Task 2 Preliminary Design Report $49,660.001 5132,929.001 $0.001 $0.001 $9,120.00 $191,709.00 NTE Task 3 Final Design and Plan Development $540,300.001 $110,544.001 $0.0011 $0.00 $44,220.00 $699,064.00 NTE Task 4 Public Outreach Coordination $13,100.001 55,643.001 50.001 515,300.001 $0.00 $34,043.00 NTE Task 5 Owner Controlled Allowance-Phase 1 $60,000.00 NTE SUBTOTAL PHASE I-DESIGN $1,064,510.00• $291,845.00 $105,400.00 $15,300.00 $53,340.00 $1,590,395.00 NTE PHASE 2-CONSTRUCTION ADMINISTRATION _ Task 6 Bidding Assistance $14,000.001 $0.001 $0.001 $0.001 $0.00 $14,000.00 NTE Task 7 Limited Construction Administration Services $275,720.001 56,144.001 $0.001 $0.001 $0.00 $281,864.00 NTE Task 8 Public Outreach Coordination(Construction Phase) 54,460.001 $0.001 $0.001 512,750.001 $0.00 $17,210.00 NTE Task 9 Owner Controlled Allowance-Phase 2 $40,000.00 NTE SUBTOTAL PHASE 2-CONSTRUCTION ADMINISTRATION $294,180.00 $6,144.00 $0.00 $12,750.00 $0.00 $353,074.00 NTE Total Fee $1,358,690.00 $297,989.00 $105,400.00 $28,050.00 $53,340.00 $1,943,469.00 NTE Reimbursable $65,000 00 $500.00 $51,735.00 $14,000.00 $0.00 $131,235.00 NTE TOTAL FEE $1,423,690.00 $298,489.00 $157,135.00 $42,050.00 $53,340.00 $2,074,704.00 NTE Notes: Titles are in accordance with the approved Fxhibit'A" Rates. 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C z 0 e 0 z 8 a C 0 S E 4 '4 8 3g 1 2 N N w 0 " sti 8 o 8 o ? a 8 8888 r 8N8 5 8 s 8 0 £ 8 8 e _ W . 0 . 0 e - E g a 0 N 0 8 &, t 4 8 f x = o a r s w 8_ 888 8 8___g_ _§ 5_ 8 8 8 8 s 8 8 8 a 8 t. :ii. o 0 0 0 up e S S ti o 0 0 0 G w 0 `a 1 I m SN n O m 8 8 8 8 8 8 8 8 8 8 8 8 8 88 8 8 8 _— im I z d $ 0 o 0 0 0 0 0 . 0 - N 2. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aa 41 g N 6. A 888888288888888888 __ °o = 4 a 4i. 0 0 0 0 0 0 8 0 8 8 § 0 t $ 0 0 0 a S i a x-- -- • — 70 0 v. 7C 1 G" v"i �n W .Z g H M Lis r r r " r N § N g o S 8 " 8 j 88888 g8 8 8 8 8 8 8 8 8 8 8 8 ' 0 0 0 0 0 0 5 a 8 i N 0 8 N 0 0 0 c 8 a 1. N Et' a i i i i i i s8 8 8 8 8 8 8 2 8 8 8 8 8 8 8 8 8 8 8 000 00 t0o N : ' 5U • m 8 0 8 8 8 N 8 § § § 8 8 88 8 6 6 8 x 8 3 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 m 0 i ., r. r 0 E E e R Q a 0 t4 W & $ i S F •$ E E 2 a a g 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 v 00 m a a .. a' m V 8 KEl THFEE PROPOSAL Project#15617.00 NW 3rd Street-SFWMD C-16,(Heart of Boynton),Flood Risk Reduction- Engineering Services(RFQ#25-045Q) Senior Principal Senior Project Manager Project Engineer Assistant ProjectProject Manager Staff Environmental Draftsman Fla Manager Scientist/Solt Scientist 88er Principal Engineer ECS Florida,LLC(Subconsultant) Totals I I I I I I I I I Hr.Rote I $250.00 I Hr.Rote I $165.00 I Hr.Rate I $110.00 I Hr.Rate I $9500 I Hr.Rote I $105.00 I Hr.Rate I $85.00 I Hr Rate I $95.00 I Hr.Rate I $65.00 I Hr.Rate I $255.00 I I Hours I Cost I Hours I Cost Hours I Cost I Hours I Cost I Hours I Cost I Hours I Cost I Hours I Cost I Hours I Cost I Hours I Cost I Hours I Cost Task 1 Project Coordination and Preliminary Design-Maximum Not-To-Exceed-NTE I I I I I I I I I I I I I I I I I 1.8 Environmental Assessment I 51 tall$12,750.001 190 $31,350.001 SO I $5,500.001 65 $6,175.001 160 516,800.001 90 I $7,650.001 39 $3,705.001 0 1 50.001 0 I 60.001 645 $83,930.00 1.9 Geotechnical investigation I 0 I $0001 0 I $0'001 44 I 54,840.001 88 I $8,360.001 0 1 $0.001 0 1 $0.001 0 1 $0.001 88 I 55,720.001 10 I $2,550.001 230 521,470.00 Subtotals I 51 I $12,750.001 190 I 531,350.001 94 1 $10,340.001 153 I $14,535.001 160 I $16,800.001 90 1 57,650.001 as I $3,705.001 88 1 $5,720.001 10 1 $2,550.001 875 I $105,400.00 Total Salary Costs I 51 I 512,750.001 190 531,350.001 94 1$10340.001 153 $14,535.001 160 1 518,800.001 90 1 $7,680001. 11,701.001 88 I 55,720.001 10 1 $2,550.001 an $108 I ITl _I i_ I I Reimbursables QTY Unit Total I I _ I. 1 I II — MOT Plans (Geotechl 1 $500.00 $500.00 Permitting Fees (Geotech) 1 $500.00 $500.001 MOT Field Equipment Fees (Geotech) 1 $3,000.00 $3,000.001 Lab Fees-Soil Classification (Geotechl 1 $1,000.00 $1.000.00 _ Drilling Fees(Geotech) 1 $23,000.00 $23,000.001 _ Lab Fees-Soil Classification (Enviromental) 1 $7,150.00 I $7,150.001 Drilling Fees(Enviromental) 1 $9.775.00 $9.775.00 _- Office Expenses(Enviromental) 1 $500.00 $500.00 GIS Equipment(Enviromentall 1 $1,000.00 $1,000.00 I ( I I 1 I I I I I I Hotel(Enviromentall 1 $2,700.00 $2,700.00 I — I I I I I I Travel(Enviromentall 1 $2,610.00 $2,610.00 $0.00 1 Total Reimbursablesl$51,735.00 I $157,136,0. 1 ICE/Tilf FEE PROPOSAL Project#15617.00 NW 3rd Street SFWMD C 16,(Heart of Boynton),Flood Risk Reduction E Engineering Services(RFQ#25-045Q) PI/QAQC IM dia PI ager/Social IPI Specialist (Totals The Merchant Strategy(Subconsultant) I I Hr.Rate I $200.00 I Hr.Rate I $150.00 I Hr.Rate I $125.00 I I Hours I Cost I Hours I Cost I Hours I Cost I Hours I Cost Task 4 Public Outreach Coordination-Maximum Not-To-Exceed-NTE I I I I + I I I 4 Public Outreach Coordination 12 1 $2,400.001 36 $5,400.001 60 I $7,500.001 108 I $15,300.00 Subtotals 1 12 1 $2,400.001 36 I $5,400.o0I 60 I 57,500.001 108 1 $15,300.00 Task 8 Public Outreach Coordination(Construction Phase)-Maximum Not-To-Exceed I I 1 I I 8 Public Outreach Coordination(One Meeting) 1 10 I $2,000.001 30 I 54,500.001 50 1 56,250.001 90 $12,750.00 Subtotals 10 52,000.001 30 54,500.001 SO 56,250.001 90 $12,750.00 Total Salary Costs I 22 I $4,400.001 66 I $9,900.001 110 $13,750.001 198 $28,050.00 I I I Reimbursables QTY I Unit I Total I Printing&Postage Phase 1 1 I$10,000.00 I $10,000.00 I I Printing&Postage Phase 2 1 I $4,000.00 I $4,000.00 I I $0.00 I I Total Reimbursables $14,000.00 Total and Reimbursables $42,050.00 Page 5 of 6 Z KEl THFEE PROPOSAL Project#15617.00 NW 3rd Street SFWMD C 16,(Heart of Boynton),Flood Risk Reduction Engineering Services(RFQ#25-045Q) Sr.Cost Estimator 'Cost Estimator (Totals TBG Consulting(Subconsultant) I I Hr.Rate I $190.00 I Hr.Rate I $150.00 I I Hours Cost Hours Cost Hours Cost Task 2 Preliminary Design Report-Maximum Not-To-Exceed-NTE 2.3 BCA Compliance Verification I 48 $9,120.00 0 $0.00 48 $9,120.00 Subtotals I 48 ' $9,120.00 0 $0.00 48 $9,120.00 Task 3 Final Design and Plan Development-Maximum Not-To-Exceed-NTE 3.3 Engineer's Opinion of Probable Cost I 198 $37,620.00 44 $6,600.00 242 $44,220.00 Subtotals 198 $37,620.00 44 $6,600.00 242 $44,220.00 Total Salary Costs 246 $46,740.00 44 $6,600.00 290 $53,340.00 Page 6 of 6 SUBCONSULTANT PROPOSALS Baxter & Woodman, Inc. ECS Florida, LLC (Environmental) ECS Florida, LLC (Geotechnical) The Merchant Strategy (TMS) TBG Consulting BAXTE OODMAN Proposal IIMMENNOMMENNOMMEPPr March 4, 2026 Mr. Michael Cartossa Project Manager, Senior Associate Keith and Associates, Inc. 301 E Atlantic Boulevard Pompano Beach, FL 33060 Subject: Heart of Boynton Beach—Drainage Improvement Project (NW 3rd Street SFWMD C16) Dear Mr. Cartossa: Baxter & Woodman, Inc. is pleased to submit the following proposal. This proposal outlines our scope of services and engineering fee. This Scope of Work when executed, will become part of the Agreement for professional services between Keith and Associates, Inc. (Keith), Florida and Baxter & Woodman, Inc. (Consultant), for the NW 3rd Street - SFWMD C-16 (Heart of Boynton) Project. The engineering services requested by Keith include hydrologic and hydraulic (H&H) modeling, engineering, permitting, construction management and part-time inspection services.The scope and cost proposal shall be broken down for two phases: Design (Phase 1) and Construction (Phase 2). Scope of Services Phase 1 - Design Task 1—Project Coordination 1. The Consultant will plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with Keith and project team to ensure the goals of the project are achieved. 2. Prepare and submit monthly invoices, coordinate invoices with Keith, and provide a monthly status report via email describing tasks completed the previous month and outlining goals for the subsequent month. 3. The following meetings are anticipated for this project: Meetings with City (4 total) Kickoff Meeting, Progress Review Meeting, Pre-submittal Meeting, Preliminary Design Review Meeting. The Consultant will also participate in up to 12 check-in meetings with Keith, through design development. 4. The Consultant will submit as requested documentation needed for grant reporting by Keith. It is anticipated that this will include quarterly updates and up to one meeting with Keith and the City Grant Manager. 1601 Forum Place, Suite 400, West Palm Beach, FL 33401 (561) 655-6175 I baxterwoodman.com BAXTE OODMAN Proposal 11111111111111111111111111111111111111111111111111111111111111111111111111111111.• ANL 4111111111M, 41111111k • Task 2—Preliminary Design Report 1. Existing H&H Modeling Review and Update:The City has an existing model of this area which was prepared in December 2021 with updates during 2025.The model and its results are documented in several reports. The Heart of Boynton portion of the stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model will be beneficial because ICPR4/StormWise now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4/StormWise. Additionally, modeling associated with the City's Stormwater Master Plan will be utilized for comparison and validation. The model updates will include basins that can consider proposed drainage improvements in a higher level of detail. Modifications will be made to an existing condition model. Improvements will be added such as the additional exfiltration trenches, offline stormwater storage chambers, and bioswales as recommended by the Consultant and agreed to by Keith and the City. Up to three alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with a drawing/figure of the final recommended drainage improvement layout, a discussion of the level of service, and discussion of permitting issues. 2. Draft and Final Design Report, H&H Modeling, and Options: The Consultant will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation with design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by Keith. The Final PDR will incorporate Keith's comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: o Stormwater technical memorandum o Existing H&H modeling review and update o Preliminary recommendation of options (maximum of three (3)) o Preliminary permitting meeting results 3. BCA Calculations:the Consultant will perform calculations based on the stormwater flood routing calculations to determine the damage costs associated with the differences in the existing condition and select proposed conditions for a Benefit Cost Analysis as typically required for a Hazard Mitigation Grant.Tables and calculations will be provided for Keith's use in preparing the grant submittal. Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 I Page 2 BAXTERkwOODMAN Proposal immummir .10=1111MINi_AJ Task 3—Final Design and Plan Development 1. Plan Development The Consultant will work with Keith during the design phase of the project to evaluate the effects of design condition changes on the model. Throughout the design phases (30%, 60%, and 90%), assumptions documented in the Preliminary Design Report may need to be revised. The Consultant will make up to two updates during each design phase to verify that any design changes do not adversely affect the results presented in the Preliminary Design Report. These edits will be reflected in the Permit Drainage Report prepared for the next sub task. Calculations associated with the BCA will also be updated. 2. Permitting It is anticipated that Consultant will be required to perform permitting services to apply for new or to modify existing permits as necessary based on revisions to the original design.The following permit applications are anticipated: SFWMD Environmental Resource Permit(ERP):Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Including dewatering methods and recommendations. SFWMD Dewatering Permit: Consultant believes this will be required concurrently with the ERP due to the presence of groundwater contamination in the area. SFWMD Right of Way(ROW) Permit(s): Based on the CDM report,there are two outfall locations into the C-16 Canal that will require ROW permit(s). Revetment will be designed to meet SFWMD ROW Design Standards. USACE Section 408 permit(s):These are related to the SFWMD ROW permit(s) because the C-16 Canal is a joint agency maintained facility. SFWMD will submit this application to USACE for concurrent review and Consultant will respond to comments. USACE Nationwide Permit: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Permit applications will be completed for each of the permitting agencies as required. Associated permit application fees will be determined by Consultant and paid for by Keith or the City under permit allowance. The services include preparing the permit application for In addition to preparing the permit applications for appropriate agencies, Consultant will Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 I Page 3 BAXTEROODMAN Cunsuhng Eng.neers Proposal assist Keith and the City in consultations with the appropriate authorities. Consultation services will include the following: o Attend up to one (1) meeting with the staff of each regulatory agency. o Respond to the request(s) for additional information from each regulatory agency. Consultant will prepare a response for up to one (1) request for information issued by each regulatory agency. Task 4- Public Outreach Coordination Public Outreach Meetings: Consultant will coordinate with Keith for public outreach meetings. Consultant will coordinate with the development of relevant presentation materials (i.e. PowerPoint, handouts, etc.) and present at up to three (3) public outreach meetings to update the public on the status of the Heart of Boynton project. The meetings included under this task are as requested by the City but are anticipated to be one meeting during preliminary design, one approximately at 90% design and the last as a preconstruction meeting in conjunction with the contractor. Phase 2 - Construction (Subject to Approval of Phase 2 Grant) Task 5—Limited Construction Services Consultant will provide limited Construction Engineering Services within a 12 month, assuming for Part Time Construction Inspections. Limited Construction Engineering Services are as identified and further detailed below: 1. Pre-Construction Conference: the Consultant will participate in a pre-construction conference with Keith and the City's awarded Contractor and City staff. 2. Limited Construction Certification: As part of the RPR services the Consultant will provide a Water Resources Engineer for up to 20 hours for permit certification. Should the need to change the permitted design arise to due to unforeseen conditions the Engineer will update the model to be able to certify that the alternative design is still in substantial conformity with the permitted conditions. It is assumed that the design Engineer of Record will propose a workable solution to be modeled and that these modifications are limited to only two, point location solutions. This certification is limited to the extent of the model as part of the permit. Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 I Page 4 BAXTE1400DMAN Proposal .,..tc ny ,�y�.nccrs ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant will advise Keith in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with Keith. 1. The extent of the proposed drainage system, including outfall locations, is based largely on the recommendations made by CDM in their study report, unless otherwise noted. Additional services may be needed if there is a substantial difference in the Consultant's findings. These services are to be discussed with the CITY and Kieth prior to performing any additional work and might be covered under the allocated Owner Controlled Allowance Task. 2. Keith will provide all documents (i.e. AutoCAD, hydraulic and hydrologic models, hydraulic calculations, reports, permits, studies, specifications, surveys,geotechnical report,subsurface utility engineering report, etc.) previously completed by others if available. All available information will be provided to Consultant within five (5) calendar days of Notice to Proceed (NTP). 3. Keith and the City will assist Consultant with in-field verification of existing City facilities by providing access to infrastructure as necessary. 4. Keith will coordinate and arrange the public outreach meetings including providing the location. 5. Keith or the City is responsible for reimbursement to Consultant for all permit application fees and costs of public notification paid by Consultant. Under permit allowance. 6. Consultant specifically excludes the performance of or review of any water or sewer hydraulic analyses. 7. City is responsible for the review of the Contractor's payment applications and confirmation of quantities associated with Contractor's pay applications. Consultant specifically excludes Contractor's payment application reviews. 8. Consultant assumes that the determination and mitigation of contaminated soils or contaminated groundwater in the project area is by others. 9. Consultant bases the design on the federal, state, and local codes and standards in effect at the beginning of the project (issuance of NTP). Revisions required for compliance with any subsequent changes to those regulations are considered an Additional Services Item not currently included in this Scope of Work. 10. All communication between the Consultant, Keith,and the City will be by a designated contact person, response to submittals will be compiled into one response. 11. Consultant specifically excludes services for addressing bidding. 12. Consultant specifically excludes assisting the City in the settlement of construction claims. 13. Consultant assumes a construction duration of 12-months.Construction extending beyond the 12-months from start of construction (NTP issuances to contractor) will be considered for additional services and Consultant fees will be negotiated with the Keith. 14. CONTRACTOR will be responsible for obtaining final dewatering permits. 15. CONTRACTOR will be responsible for preparation and submittal of the NOI and NOT with regards to the NPDES program. 16. CONTRACTOR will be responsible for preparing Maintenance of Traffic (MOT) plans. These MOT plans will be prepared by a person who has completed an FDOT recognized Advanced MOT Training course. If MOT is developed during the PDR is preliminary in nature and is not considered direction for the CONTRACTOR to follow or to submit for permitting. Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 I Page 5 BAXTEReti OODMAN Proposal Fee The Keith shall pay the Engineer for the services performed a lump sum amount of$298,459 .00. The Engineer's fee for the stated scope of services is based upon the 2025 Engineer's standard hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses including travel and subconsultant fees, the total of which will not exceed $500.00. The Engineer may adjust the hourly billing rates and out-of-pocket expenses on or about January 1 of each subsequent year and Agreement will be amended accordingly prior to the continuation of services. This proposal is valid for 90 days from the date issued. Schedule PHASE 1 (Design) Task 1—Project Coordination and Preliminary Design Through Out Task 2—Preliminary Design Report 16 week from NTP Task 3—Final Design and Plan Development (Permitting) 32 week from NTP Task 4—Public Outreach Coordination (Design Phase) 32 week from NTP PHASE 2 (Construction -Subject to Approval of Phase 2 Grant) Task 6—Limited Construction Administration Services Within 52 weeks of end of Phase 1 Standard Terms and Conditions The attached Standard Terms and Conditions apply to this proposal. Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 I Page 6 BAXTE101OODMAN Proposal Acceptance If you find this proposal acceptable, please sign and return one copy for our files. If you have any questions or need additional information, please do not hesitate to contact me at 561-425-7760 or jhiscock@baxterwoodman.com. Sincerely, BAXTER &WOODMAN, INC. CON ULTING ENGINEERS 7744_,,,...--- Jeffrey G. Hiscock, PE Vice President Keith and Associates, Inc. ACCEPTED BY: TITLE: DATE: P:\BOYBC\2501403-NW 3rd Street SFWMD C16 Heart of\PROMO\Scope&Fees\260304_Heart of Boynton Engineering Services Baxter&Woodman.docx Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 1 Page 7 BAXTERIStilOODMAN Proposal INIIIMINIIIIRMBIr Exhibit C City of Boynton Beach -Heart of Boynton Detailed Fee Breakdown 3/4/2026 Labor Classification and Hourly Rates Website/ Vice Engineer Engineer Engineer Eng.II/ Spat Tech II Admin. Sub- President VI IV III Eng.Tech IV Eng.Tech III Eng.Tech I Support Total Consultant Task Task Description $260.00 $242.00 $205.00 $180.00 $160.00 $145.00 $100.00 $100.00 Labor Services 1 Project Coordination 1.1 Project Management 10 50 20 10 12 $21,800 1.2 Project Meetings(up to 4)+12 check-ins 10 27 27 32 5 $20,929 Subtotal 20 77 47 42 0 0 0 17 $42,729 $0 2 Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 68 85 160 185 $75,581 2.2 Draft and Final Design Report,H&H Modeling,and Options 44 60 144 30 20 $48,828 2.3 BCA Calculations 10 20 20 $8,520 Subtotal 0 122 165 0 0 304 235 20 $132,929 $0 3 Final Design and Plan Development 3.1 Preliminary Design Updates 8 32 30 44 $16,446 3.1A Progress Plan Updates 4 24 10 20 $8,738 3.18 Permit Plans 25 28 16 10 20 10 $19,120 Subtotal 0 37 28 72 0 50 84 10 $44,304 $0 3.2 Permitting 3.2A USACE Nationwide Permit 26 48 se 10 6 $27,801 3.28 SFWMD Environmental Resource Permit 12 35 60 20 12 $23,998 3.2C FL Dept Env Protection 12 17 32 16 8 $14,411 Subtotal 0 50 100 148 0 0 44 24 4411210 $0 4 Public Outreach Coordination 4.1 Public Outreach Meeting Attendance(up to 3 nliel.. 9 9 9 SS,643 Subtotal 0 9 9 9 0 0 0 0 $5,643 $0 5 Limited Construction Services 5.1 Pre-Construction Conference 2 4 $1,304 5.2 Resident Prciject Representative 20 $4,840 Subtotal 0 22 4 0 o o o 0 $6,144 $0 Labor Subtotal Hours 20 317 353 271 0 354 365 71 $297,959 $0 Labor Subtotal Costs $5,200 $76,703 $72,346 I $48,780 I $0 I $51,330 $36,500 $7,100 Labor Total Costs $297,959 Subconsuttant Costs Total $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Permittlni Allowance/Webslte Domain Owner's Control Allowance !Reimbursable Expenses $500 I Project Total $298,459 Rsisrhar Wrsnelman Int-. EXHIBIT B &,(4,<"/"</". 2025 Fee Schedule PERSONNEL CLASSIFICATIONS HOURLY RATE Executive Vice President $275 Vice President $260 Engineer VII $252 Engineer VI I $242 Engineer V $220 Engineer IV I $205 Engineer III I $180 Engineer II J $160 Engineer I $138 Engineering Intern $80 Construction Manager II $210 Construction Manager I I $180 I Engineering Tech V I $185 Engineering Tech IV I $160 Engineering Tech III $145 Engineering Tech II $125 Engineering Tech I I $100 Environmental Scientist V I $175 Environmental Scientist IV $170 I Environmental Scientist III I $155 I Environmental Scientist II I $135 I Environmental Scientist I $115 Spatial Technology Professional V I $200 Spatial Technology Professional IV I $195 Spatial Technology Professional III I $175 Spatial Technology Professional II I $145 Spatial Technology Professional I $130 Production Manager ( $185 I CADD Tech III I $155 CADD Tech II I $135 CADD Tech I I $100 Urban Planner V I $185 Urban Planner IV $165 Urban Planner III $145 Urban Planner II $125 Urban Planner I $100 Administrative Support Ito IV $100 Marketing Professional Ito IV $150 I Communication Specialist Ito IV $150 I Accounting Professional Ito IV $120 IT Professional Ito III $160 I Data Analyst Ito III $150 Reimbursable Expenses: Direct costs such as postage, prints, and delivery services will be billed at cost. Mark-up % Sub-Consultants Fee: 10 % RFQ CW24-001 General Engineering Consulting Services Fee Schedule Exhibit B TM ECS Florida, LLC Proposal for FEMA NEPA analyses, EHP Compliance, and Regulatory Services Heart of Boynton Coastal Resiliency Project NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Florida 33435 For: Keith Engineering 301 E Atlantic Boulevard, Pompano Beach, Florida 33060 ECS Proposal Number 55:15077 and 15078 February 24, 2026 ECS Florida, LLC February 24, 2026 Mr.Jorge Valle-Pellot Keith Engineering 301 E Atlantic Boulevard Pompano Beach, Florida 33060 ECS Proposal No. 55:15077 and 15078 Reference: Proposal for FEMA NEPA analyses, EHP Compliance, and Regulatory Services, Heart of Boynton Coastal Resiliency Project, NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Palm Beach County, Florida Dear Mr.Valle-Pellot: ECS Florida, LLC (ECS) is pleased to provide you with this proposal for performing FEMA NEPA analyses, EHP Compliance, and Regulatory Services for the Heart of Boynton Coastal Resiliency Project. Our proposal contains a summary of relevant information as we understand it, a project schedule, and the estimated fees for completion of the proposed services. We understand the property is located at NW corner of W Boynton Beach Boulevard & N Federal Highway in Boynton Beach, Palm Beach County, Florida. Based on the information available, a property description is noted within the attached proposal along with a description of our scope of services. We appreciate the opportunity to be of service to you on this project. If you have any questions or comments concerning this proposal, or would like adjustments to our proposed scope of services or schedule, please do not hesitate to contact us. ECS Florida, LLC Jason Adams Alex Chatham, P.E. Natural Resources Director Environmental Principal JAdams2@ecslimited.com AChatham@ecslimited.com 813-302-1644 561-840-3667 2000 Avenue P, West Palm Beach, Florida 33404 • 1:561-840-3667 ECS Florida,LLC • ECS Mid-Atlantic LLC • ECS Midwest,LLC • ECS Pacific, Inc. • ECS Southeast,LLC • ECS Southwest,LLP ECS New York Engineering, PLLC-An Associate of ECS Group of Companies • ecslimited.com "ONE FIRM.ONE MISSION." Keith Engineering 55:15077 ECS Florida, LLC and 15078 PROJECT INFORMATION AND SCOPE OF SERVICES Project Description We understand the subject property is located at NW corner of W Boynton Beach Boulevard & N Federal Highway in Boynton Beach, Palm Beach County, Florida.According to the Palm Beach County Online GIS website, the subject property is identified as Parcel Identification Number (PIN) mulitple and consists of approximately 400 acres. The site consists of primarily residential mixed land use. Attached is a general location map for reference. Scope of Services Based on our understanding of the subject property and plans for future activities, ECS has prepared the following Scope of Services: Ecological Permitting Support Services Overview and Approach ECS will provide, FEMA National Environmental Policy Act (NEPA) analyses and Environmental & Historic Preservation (EHP) Compliance as well as regulatory services in support of the Heart of Boynton Coastal Resiliency Project. Services are structured to support the City of Boynton Beach and the Engineer of Record (EOR)through planning, NEPA compliance, environmental due diligence, natural resource assessments, and Federal, State, and Local environmental permitting, while maintaining alignment with FEMA Region IV, Florida Department of Emergency Management(FDEM), and applicable regulatory agencies. ECS's approach emphasizes early coordination, audit-ready documentation, and integration with the civil design process to minimize schedule risk, avoid permitting delays, and ensure Hazard Mitigation Grant Program(HMGP) reimbursement eligibility. Task 1 - Environmental Contamination / Hazardous Materials Screening Evaluation ECS will conduct an environmental contamination screening evaluation to support trenching, exfiltration systems, and subsurface construction activities associated with stormwater improvements. Scope of Services: • ASTM Phase I ESA-equivalent contamination screening evaluation • Review of historical land use(Sanborn maps, aerial photography, city directories) • Federal, State, and local regulatory database review • Site reconnaissance • Identification of Recognized Environmental Conditions(RECs) • Risk summary memorandum focused on construction-related exposure pathways Page 1 EC Keith Engineering 55:15077 ECS Florida, LLC and 15078 • Soil and groundwater sampling at up to 15 locations to understand subsurface conditions in locations of suspect contamination. Laboratory analysis to be determined based on contamination screening. Deliverables: • Contamination screening evaluation memorandum suitable for FEMA EHP and design use • Contaminated Media Plan for Soil and Groundwater Plan for Florida Department of Environmental Protection approval Task 2- Natural Resources Assessments ECS will evaluate natural resource constraints to support NEPA compliance and environmental permitting. Scope of Services: • Desktop wetlands and surface waters screening within project limits • Targeted field verification at existing or proposed outfalls, if required • Federal and State protected species and habitat screening • Field assessment and delineation of wetlands and surface waters within project area • Identification of permitting triggers related to waters,wetlands, and species • Construction Best Management Practices(BMPs) recommendations • Avoidance, minimization, and/or mitigation narrative for NEPA and permitting Deliverables: • Natural resources technical memorandum • Wetlands and species exhibits for NEPA and permitting applications Task 3- Federal Regulatory Permitting Support USACE Section 408 Application ECS will support the civil design team and City in obtaining USACE Section 408 permission associated with modifications to or interfaces with the SFWMD C-16 Canal or other federally authorized projects. ECS Support Includes: • Early coordination with USACE Jacksonville District to confirm Section 408 applicability and submittal requirements • Preparation of environmental compliance documentation required for Section 408 review, including: • Environmental effects narrative o Resource impact summaries o NEPA consistency documentation • Support to the EOR in preparation of environmental sections of the Section 408 application • Participation in coordination meetings and responses to environmental-related comments Page 2 ke Keith Engineering 55:15077 ECS Florida, LLC and 15078 • Field evaluation with Federal agency ECS will not serve as the applicant of record. Clean Water Act/ Rivers and Harbors Act Applications(as applicable) • Screening for CWA Section 404 and RHA Section 10 applicability • Preparation of environmental exhibits, impact narratives, and permit applications • Coordination to align federal permitting with FEMA NEPA clearance Task 4-State Regulatory Permitting Support South Florida Water Management District(SFWMD) ECS will support State environmental permitting in coordination with the EOR. Scope of Services: • Environmental Resource Permit(ERP)applicability evaluation • Environmental documentation support for ERP applications • Coordination related to stormwater discharges and infrastructure interfaces with the SFWMD C-16 Canal • Preparation of environmental narratives and exhibits required for the State permit • Support for responses to State agency environmental comments • Field evaluation with State agency Deliverables: • Permit applicability memorandum • Environmental exhibits for State permit application Task 5- Local Environmental and ROW Permit Support ECS will support environmental documentation and review associated with local permits and Right-of-Way(ROW)approvals. Scope of Services: • Preparation of environmental documentation and technical exhibits required for County and City ROW permits • Environmental review support for work within public rights-of-way • Coordination with local reviewing agencies on environmental compliance issues • Support for responses to environmental-related local permit comments • Field evaluation with County and City agencies Deliverables: Page 3 Keith Engineering 55:15077 ECS Florida, LLC and 15078 • Environmental exhibits for local permitting • Comment response support documentation Regulatory Coordination and Communication Across all tasks, ECS will: • Prepare and maintain a consolidated Federal, State, and Local permit matrix and schedule • Participate in agency coordination meetings and technical calls • Maintain an agency coordination log suitable for FEMA and FDEM audits • Coordinate closely with the civil design team to integrate environmental requirements into design and permitting Out of Scope Items If, during the performance of our scope of services, additional environmental issues are identified that are beyond the Scope of Services outlined within this proposal, ECS will contact Keith Engineering to discuss the relevance and significance of the finding in order to determine if the finding merits additional assessment, inclusion in our final report, or a modification to our Scope of Services and fee. Safety ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem a condition unsafe and the performance of our scope of services cannot be completed, you will be notified of the unsafe condition. ECS personnel will not proceed further with the scope of services in that area until the unsafe condition is corrected. Access delays associated with safety concerns may result in additional fees. PROJECT FEES AND SCHEDULE Project Fees* Ecological Services ECS will provide the proposed scope of services for the lump sum fees indicated on the attached Proposal Acceptance Form. Our fees are based on the chain of title, third party AUL search and property owner/contact information being provided by you or your agents,unless otherwise indicated. Our fee assumes that all necessary exhibits,site/property contact information,etc.will be provided to us by you or your agents. Meetings/Project Coordination Meetings and/or additional project coordination requested by Keith Engineering beyond the Scope of Services outlined above will be invoiced on a time and materials basis. Meetings after typical office hours(Monday through Friday 8 am to 5 pm)will be invoiced at 1.5 times the normal rate. Page 4 L Keith Engineering 55:15077 ECS Florida, LLC and 15078 Project Schedule Environmental Services We can begin these tasks within approximately 10 days of receipt of written authorization to proceed. The field activities will require seven days to complete. We will provide preliminary verbal results and recommendations prior to submittal of our written reports, if requested. We anticipate that the proposed scope of work can be completed in approximately 6-12 months following the completion of field activities. Please note, ECS cannot begin the scope of work until we have received written authorization to proceed. If this schedule does not meet your needs, please contact ECS to discuss an expedited deadline.Additional costs may be incurred. If areas of the property cannot be observed due to inaccessibility or unsafe/unexpected conditions beyond the control of ECS, ECS will wait until such time either that the area is accessible or the unsafe conditions are corrected. If ECS must make additional visits to the site, a change order will be provided for our additional fees. LIMITATIONS AND ASSUMPTIONS Conclusions and recommendations pertaining to environmental conditions at the subject site are limited to the conditions observed at the time this study will be undertaken. The assessment is not intended to represent an exhaustive research of every potential condition that may exist, nor does it claim to represent conditions or events that arise after the assessment. We have made the following assumptions in developing this proposal: • Prices presented herein are valid for 120 days from the date of this proposal. • Upon client authorization,additional project work not specifically addressed by this proposal shall be charged at a time and materials rate in accordance with the ECS Fee Schedule in place at the time the service is performed. • Fees assume that our evaluation of the site will not be hindered by extremely thick vegetation. If vegetation is encountered on the site that renders an area or areas too thick to evaluate, ECS reserves the right to re-negotiate our fee for delineation (flagging)of the site. • Site/Civil engineer will provide impact maps, project purpose and need, avoidance and minimization examples, stormwater management plan, and other needed site specific mapping/documentation for the project, as applicable. • Any applicable mitigation fees required to offset proposed impacts are the responsibility of the client. • Our fee assumes that all necessary exhibits/impact and base maps will be provided to us by you or your agents. • Additional field visits, if requested,will require additional fees. • Wetland services do not include the wetland boundary surveying services by a Professional Licensed Surveyor. Page 5 C Keith Engineering 55:15077 ECS Florida, LLC and 15078 PROPOSAL ACCEPTANCE Please complete the Proposal Acceptance page and return one copy to ECS to indicate acceptance of this proposal and to initiate services on the referenced project. The Client's signature indicates that he/she has the authority to bind the Client, that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. PROPOSAL ACCEPTANCE Initial for Scope of Services Fees Authorization Tasks 1-5: Environmental Permitting Support $107,665 Services (Time and Materials) • Project Completion -6-12 months from NTP Fee is based on Time and Materials (Estimated initial budget billed as actual time spent, not to be exceeded without a Change Order) ECS's current unit rates and proposed NTE Costs are attached. PROPOSAL INFORMATION ECS Proposal Number 55:15077 and 15078 Scope of Work FEMA NEPA analyses, EHP Compliance, and Regulatory Services Location NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Florida CLIENT INFORMATION Signature -Authorized Representative for Entity Responsible for Payment Print or Type Name of Client and Company Date of Execution Proposal Addressee - Name Jorge Valle-Pellot Proposal Addressee - Company Keith Engineering Page 6 tCS *1111 „, , ,••;..,' Gt - : +MaUn ► ads- MeaY81r •' i { � 1 e: a • j 'rfi.i,f r tu� G ti ` � �d : y ' . :• . �i� � t •,gad � Fert,_,..... � F .( 4",.. r j „,-.01,, ••NEe19thTA:ve f •►! } �� >t vdi l';'' ./04 -"d . ass, II1 l` 1PINg °. moi►', ' v. � t' 3 .ea,_ RI ' v - ——• jr.ifLogli'H:- **.;1'kil i11 r ' K s' '' 1.* ,, a`Circle_Or _ 1 "4”K_ ' �S N. I -.m. v i F� a'r I nnrr. 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Figure 1: Site Location Map '1 Heart of Boynton Coastal Resiliency Project 4• NW corner of W Boynton Beach Boulevard & N Federal Highway W- ,,, Boynton Beach, Palm Beach County. Florida 33435 ECS Proposal No. 55:15077 and 15078 ECS Florida, LLC 2815 Directors Row, Suite 500 Orlando, FL 32809 (407) 589-9599 [Fax] (407) 859-8378 [Phone] Standard Fee Schedule GEOTECHNICAL, ENVIRONMENTAL,AND MATERIALS ENGINEERING SERVICES Personnel 1000 Senior Principal Engineer per hour $125.00 1027 Senior Principal per hour $285.00 1100 Principal Engineer per hour $255.00 1106 Principal Engineer- Environmental per hour $186.24 1125 Principal Geologist/Hydrogeologist/Scientist per hour $305.00 1130 Senior Environmental Engineer per hour $85.00 1168 Associate Principal per hour $205.00 1190 Certified Industrial Hygienist per hour $250.00 1210 Senior Project Manager per hour $165.00 1270 Facilities Senior Associate per hour $115.00 1275 Senior Archaeologist per hour $70.00 1300 Project Engineer per hour $125.00 1310 Project Manager per hour $135.00 1318 Visual Classification per hour $45.00 1325 Project Geologist/Hydrogeologist/Scientist per hour $60.00 1360 Facilities Associate III per hour $95.00 1370 Facilities Associate II per hour $85.00 1500 Asst. Proj. Eng./Eng. Geologist per hour $55.00 1510 Assistant Project Manager per hour $95.00 1525 Staff Geologist/Hydrogeologist/Scientist per hour $65.00 1535 Staff Environmental Scientist/Soil Scientist per hour $85.00 1570 Facilities Staff Associate per hour $65.00 1576 Driller per hour $0.00 1577 Driller's Helper per hour $0.00 1580 Facilities Associate I per hour $75.00 1625 Senior Environmental Technician per hour $65.00 1700 Senior Field Technician per hour $35.00 1701 Senior Field Technician OT per hour $52.50 1719 Chief Engineering Technician OT per hour $87.50 1800 Soils/Materials Technician per hour $40.00 1801 Soils/Materials Technician OT per hour $57.00 1825 Environmental Technician per hour $70.00 1900 Draftsman per hour $95.00 1950 Administrative Assistant per hour $75.00 7100 Structural Steel Inspector, CWI per hour $40.00 8085 Roofing Principal per hour $95.00 8100 Roofing Engineer per hour $65.00 8109 Registered Roofing Consultant- Facilities per hour $140.00 8135 Staff Professional - Facilities per hour $85.00 8140 Project Professional - Facilities per hour $95.00 8205 Roofing Technician OT per hour $48.00 8210 Senior Roofing Inspector, RIEI Certified per hour $30.00 8220 Roofing Project Technician per hour $40.00 8225 Roofing Project Technician - OT per hour $60.00 9466 Non-Billable Mobilization per hour $0.00 9467 Non-Billable Field Exploration per hour $0.00 9468 Non-Billable Clearing and Boring per hour $0.00 Equipment Charges/ Miscellaneous 3279 DCP Rental per day $48.00 3280 Concrete Equipment Rental per day $36.00 3490 Monthly Report per month $688.00 4977 Low Level Geophone (Monthly) per month $334.00 4978 Modem Rental (Monthly) Rental per month $128.00 4979 Strobe Light Alarm System (Monthly) per month $264.00 4982 A-Weighted Microphone (Monthly) per month $334.00 4983 Sound Meter (Daily) per day $415.00 4984 Geophysics Equipment (Daily) per day $1,373.00 4990 F-Meter or Dipstick Usage per day $140.00 4999 F Unit Mobilization/Usage per day $278.00 5000 Nuclear Gauge Rental per day $59.00 5001 Inclinometer Usage per week $140.00 5002 Transit/EDM Usage per week $174.00 5003 Tilt Plate Unit Usage per week $128.00 5100 HNu Meter Calibration each $210.00 5101 HNu Meter Daily Charge (usage) per day $210.00 5102 Photo Ionization Detector(Organic Vapor Ariz per day $107.00 5103 Oil/Water Interface Probe per day $66.00 5104 PVC Disposable Bailers each $17.00 5105 Teflon or Other Bailers each $33.00 5106 Tyvek or Saranex Suits each $10.00 5107 Protective Gloves each $10.00 5108 Surgical Gloves each $8.00 5109 Combustible Gas Meter per day $46.00 5110 Specific Conductance Meter each $39.00 5111 Respirators per day $20.00 5112 Respirator Cartridges each $13.00 5113 Moisture Meter each $66.00 5114 Temperature/Relative Humidity Meter each $39.00 5115 Borescope each $73.00 5116 Air Sampling Pump each $51.00 8609 Half Cell Corrosion Testing(Equipment Only) per day $1,030.00 8650 Coring Crew per hour $99.00 Expenses 3200 Outside Services cost + $0.00 3350 Mileage per mile $0.64 3715 Digital Signature Fees at cost $0.00 5290 Misc. Supplies cost+ $0.00 Materials 7030 Linear Drying Shrink. (CMU) min. 3 units each $278.00 Reports 3500 Reports -Additional Copies per copy $46.00 3550 Reproduction of Previous Reports per copy $59.00 LABORATORY TESTING SERVICES Index Tests 4000 Visual Classification of Soil -SPT (ASTM D248f per sample $80.00 4001 Rock Classification (ASTM D5878) per sample $59.00 4002 USDA Textural Classification per sample $80.00 4010 Visual Classification of Soil -Shelby Tube (AST per sample $80.00 4100 Natural Moisture Content (ASTM D2216, AASI per test $15.00 4150 Density and Unit Weight of Soil, Method A per test $31.00 4151 Density and Unit Weight of Soil, Method B per test $66.00 4250 Specific Gravity (ASTM D7263) per test $46.00 4255 Specific Gravity- Water Pycnometer(ASTM D per test $46.00 4300 Atterberg Limits Testing (ASTM D4318) per test $73.00 4350 Shrinkage Limit Factor (AASHTO T92,ASTM D.per test $73.00 4360 Expansive Index Testing (ASTM D4829) per test $257.00 4400 Grain Size Analysis Washed (ASTM D422) per test $99.00 4450 Grain Size Analysis Unwashed (ASTM D422) per test $73.00 4500 Hydrometer (ASTM D421/422) per test $73.00 4600 Percentage Passing#200 (ASTM D1140) per test $39.00 4700 Organic Content Test (ASTM D2974, AASHTO per test $46.00 4730 pH (ASTM G51) per test $46.00 4731 pH (AASHTO T289) per test $46.00 4740 Soil Resistivity (ASTM G187) per test $107.00 4741 Soil Resistivity (AASHTO T288) per test $107.00 4750 Topsoil Analysis per sample $174.00 4831 Sulfate Ion Content (AASHTO T290) per test $107.00 4893 Chloride Ion Content (AASHTO T291) per test $278.00 Compaction and Density Tests 4800 Standard Proctor(ASTM D698) per test $99.00 4801 Standard Proctor (AASHTO T99) per test $99.00 4802 Standard Proctor (State DOT) per test $99.00 4803 Modified Proctor ASTM D1557 per test $87.00 4804 Modified Proctor (AASHTO T180) per test $87.00 4805 Modified Proctor (State DOT) per test $87.00 4806 One-Point Proctor(AASHTO T272) per test $107.00 4807 One-Point Proctor(State DOT) per test $107.00 5004 Standard Proctor (ASTM D698) per test $99.00 5009 California Bearing Ratio (D1557) per test $312.00 5010 California Bearing Ratio, CBR (ASTM D1883) per test $312.00 5013 Florida Bearing Value (FBV) (3 Min) per test $46.00 5014 Modified Proctor(ASTM D1557) per test $87.00 5055 Nuclear Gauge Usage per day $174.00 5095 Relative Density of Cohesionless Soils per test $346.00 5302 Spread Footing- Foundation Observations per test $26.00 5303 Field Compaction Unit Testing each $20.00 5304 Dynamic Cone Penetrometer (DCP)Test per test $33.00 5305 Drive Tube Method Field Density Report per test $31.00 5308 Drive Tube Method (ASTM D-4944) per test $33.00 Bearing Ratio Tests 4810 California Bearing Ratio, CBR (ASTM D1883) per test $312.00 4811 California Bearing Ratio, CBR (AASHTO T193) per test $312.00 4812 California Bearing Ratio, CBR (State DOT) per test $312.00 4813 California Bearing Ratio, CBR (ASTM D1883) per test $210.00 4814 California Bearing Ratio, CBR (AASHTO T193) )per test $210.00 4815 California Bearing Ratio, CBR (State DOT) w/o per test $210.00 4820 Limerock Bearing Ratio, LBR per test $312.00 Soil-Lime and Soil-Cement Testing 4830 Soil-Lime Proportion for Soil Stabilization (AS1 per point $87.00 4832 Moisture-Density Relations of Soil-Cement M per test $264.00 4833 Unconfined Compressive Strength of Soil-Cern per test $39.00 Soil Strength Testing 4840 Pocket Penetrometer Test per test $15.00 4841 Direct Shear Test -Granular(ASTM D3080) per test $551.00 4842 Direct Shear Test with Residual - 1 Stress (AST per test $688.00 4843 Residual Ring Shear (ASTM D6467) per test $1,302.00 4844 Lab Vane Shear Strength per test $73.00 4845 Unconfined Compressive Strength (ASTM D21 per test $39.00 4846 Triaxial Unconsolidated Undrained Stress (AS"per confining stress $415.00 4847 Triaxial Consolidated Undrained Stress (ASTM per confining stress $415.00 4848 Triaxial Consolidated Drained Stress (ASTM W per confining stress $620.00 4849 Direct Shear Test with Residual - 3 Stresses (A per test $1,017.00 Consolidation Tests 4860 One-Dimensional Consolidation Test (ASTM D per test $688.00 4861 One-Dimensional Swell or Settlement Potenti per test $483.00 4862 Constant Rate of Strain Consolidation Test per test $73.00 5019 Pressure-Void Ratio Curve (Consolidation) per test $551.00 5020 Plotted Time Curves (Consolidation) per test $46.00 5021 Consolidation with Back Pressure per test $688.00 5022 Swell Test per test $483.00 5023 Rapid Consolidation (Taylor Method) per test $688.00 Aggregate Testing 4210 Acid Solubility of Aggregate AWWA B100 per unit $26.00 4870 Soundness of Aggregate (ASTM C88) per test $483.00 4872 Specific Gravity of Coarse Aggregate (ASTM C per test $59.00 4873 Specific Gravity &Absorption of Fine Aggrega per test $66.00 4874 Bulk Density of Aggregate (ASTM C29/C29M) per test $59.00 4875 Sieve Analysis of Fine and Coarse Aggregates I per test $73.00 4879 Deleterious materials (visual) per test $86.00 4886 Lightweight particles per test $201.00 Rock Testing 4880 Direct Shear of Rock Specimen (ASTM D5607) per test $346.00 4881 Direct Tensile Strength of Intact Rock Core (A:per test $346.00 4882 Point Load Strength Index Test (ASTM D5731)per test $346.00 4883 Slake Durability (ASTM D4644) per test $346.00 4884 Unconfined Compressive Strength of Intact Rc per test $73.00 4885 Unconfined Compressive Strength with Elastic per test $73.00 4887 Unconfined Compressive Strength of Intact Rc per test $65.00 Other Soils Lab Tests and Activities 4890 Coarse Grain Constant Head Permeability AST per test $210.00 4891 Porous Constant Head Permeability,ASTM DE per test $147.00 4892 Remolding of Disturbed Samples per sample $51.00 4894 Shelby Tube Extraction (ASTM D1587) per sample $51.00 Miscellaneous Tests and Activities 1730 QMP Concrete Per CY $15.00 1731 QMP Asphalt Per Ton $8.00 1732 QMP Nuclear Density Per Ton $8.00 1733 QMP Base Aggregate Per Ton $8.00 3400 Store Samples (>60 days) per sample per month $8.00 4200 Calibrated Hand Penetrometer per test $15.00 4402 Filter sieve AWWA B100 per test $91.00 4475 Additional Sieves (over 7) per test $39.00 4480 Grain Size Analysis-Combined (Hydrometer 4 per test $134.00 4486 Moh's hardness per test $136.00 4550 Petroleum Hydrocarbon (pH)Test on Soil per test $140.00 4710 Extrusion,Thin Wall Samples per tube $51.00 4720 Log/Classify Undisturbed Samples per tube $73.00 4742 Thermal Conductivity of Soil and Rock (ASTM per test $1,302.00 4743 Soil Thermal Resistivity, IEEE Method per test $1,302.00 4869 Micro-Deval per test $282.00 4871 Los Angeles (LA) Abrasion Resistance (ASTM C per test $244.00 5024 Unconfined Compressive Strength (w/o stress per test $39.00 5026 Pocket Penetrometer or Torvane per test $15.00 5050 Residual Ring Shear (ASTM D6467) per test $1,302.00 5056 Residual Shear Strength (additional cycles) per test $169.00 5080 Soil Cement - Basic Design (Materials) per test $1,235.00 6091 Sieve Analysis of Fine and Coarse Aggregates l per test $73.00 6092 Sieve Analysis, incl. finer than #200 (washed) per test $59.00 6093 Specific Gravity of Course Aggregate (ASTM C per test $59.00 6094 Specific Gravity & Absorption of Fine Aggrega per test $66.00 6095 Unit Weight (ASTM C-29, including C-30) per test $59.00 6155 SEM/EDS unknown cementitious material (AS per sample $507.00 6160 Petrographic Examination of Coarse Aggregat per test $2,535.00 6161 Petrographic Examination of Rock Cores or Le per test $1,217.00 6162 Petrographic Examination of Fine Aggregate f per test $3,042.00 6163 Iron Sulfide Identification/Quantification in ro per test $1,014.00 6164 Laboratory Visual Analysis per sample $305.00 6165 Polished cross section prep & pheno per sample $406.00 6166 Optical Analysis of cross section per sample $305.00 6167 Thin Section prep per sample $406.00 6168 Thin Section PLM analysis per sample $457.00 6169 Fracture sample examination per sample $356.00 6170 Polished SEM section prep per sample $356.00 6171 Thin section SEM analysis per sample $305.00 6172 Polished section SEM analysis per sample $305.00 6173 SEM/EDS misc unknown material per sample $406.00 6174 SEM/EDS efflorescence per sample $305.00 6175 C457 procedure C prep per sample $406.00 6176 Sample Prep for Chloride testing (including pl-per sample $168.00 6177 polish prep for iron sulfide per sample $356.00 8615 Coring Rig Mobilization each $210.00 Permeability Tests 9067 Field Permeability Test each $551.00 MATERIALS TESTING SERVICES Asphalt Tests 5085 Extraction/ Gradation of Asphaltic Concrete per sample $99.00 5086 Bitumen Content Only(ASTM - D-2172) per test $73.00 5087 Asphalt, Bulk Specific Gravity, Density per test $43.00 5088 Asphalt Extraction /Gradation / Marshall Stat per sample $278.00 5089 Additional for Mixing per set $73.00 5090 Penetration (ASTM D-5), Asphalt per test $73.00 Concrete and Cement Tests 4704 Chloride and Sulfate Tests each $48.00 5074 Soil Cement Monitoring per hour $51.00 5076 Compressive Strength -Soil/Cement Mix per test $39.00 6000 Compressive Strength, Concrete Cylinders each $17.00 6005 Stripping Cylinders each $17.00 6006 Cure/Store Reserve Concrete Cylinders each $15.00 6007 Spare Stripping Cylinders each $12.00 6008 56-Day Concrete Cylinders Broken each $17.00 6050 Splitting Test (ASTM C-496), Cylinders each $73.00 6051 Unit Weight of Concrete (ASTM C-29/C-30) each $39.00 6052 Flexural Strength Tests, Beams (ASTM C-78) each $73.00 6059 Density, Absorption, &Voids in Hardened Cor each $346.00 6060 Concrete Core Tests (incl. sample preparation each $51.00 6061 Windsor Probe Testing per test $46.00 6062 Dipstick/ Floor Flatness Testing each $415.00 6070 Statistical Analysis, Cylinder Test Results (50 s per run $153.00 6071 Statistical Analysis (> 50 sets), per set per set $15.00 6090 Concrete Cylinder Pickup per pickup $39.00 6096 Concrete Mix Design each $415.00 6097 Concrete Trial Mix (6 test cylinders) per set $346.00 6098 Shrinkage Compensating Concrete Trial Mix each $210.00 6151 Petrographic Analysis of Concrete >8" core (A per sample $2,434.00 6152 Partial Petro (no thin section) per sample $1,217.00 6153 Petrographic Analysis of Concrete, 2 thin sect per sample $1,521.00 6154 Petrographic Exam and Mix Proportions of Ha per sample $2,839.00 6156 Hardened Air Void content and Mix Design Ini per test $1,217.00 6157 Hardened Air Void Content Parameters (ASTh per test $761.00 6158 Water-soluble chloride in concrete (ASTM CL per test $270.00 6159 Acid-soluble Chloride in Concrete (ASTM C11_`per test $270.00 Block, Brick, and Mortar Tests 6010 Compressive Strength, Grout Cubes each $17.00 6020 Compressive Strength, Grout Prisms each $26.00 6030 Compressive Strength, Mortar Cubes each $23.00 7020 CMU Compressive Strength each $59.00 7021 CMU Prism Compressive Strength, 3 unit set per set $375.00 7022 CMU Prism Compressive Strength, spare unit per unit $99.00 7023 CMU Prism Compressive Strength, 3 unit set, per set $257.00 7025 CMU Absorption/Moisture per unit $73.00 7040 Prism Test (Composite, Brick or Block) per test $244.00 7041 CMU Freeze/Thaw, initial 5 cycles, 5 units per specimen $551.00 7051 Flow Test/Air Content, Mortar per test $73.00 7052 Water Retention Test, Mortar per test $415.00 Roofing Tests 8355 Infrared Camera Usage per day $620.00 Fire Proofing Tests 8060 Density Test - Fireproofing per test $51.00 GEOTECHNICAL& ENVIRONMENTAL SERVICES Geotechnical / Environmental Drilling Services 5208 Drilling Fees lump sum $0.00 9000 Drill Rig Mobilization (Truck) per mobilization $346.00 9004 Boring Test Pit Layout per hour $80.00 9005 Backhoe Mobilization (Rubber Tire) per mobilization $346.00 9006 Mobilization of ATV- (Local) per mobilization $415.00 9008 Tripod Drilling per site $1,749.00 9009 Standby/Movement- Drill Rig (2 person) per hour $174.00 9010 Standby/Movement- Drill Rig(3 person) per hour $174.00 9013 Private Utility Locator lump sum $551.00 9014 Weekend Drilling Surcharge per day $688.00 9015 Patching Materials each $39.00 9020 SPT Drilling, 0' - 50' Depth per foot $17.00 9021 SPT Drilling, 50' - 100' Depth per foot $20.00 9022 SPT Drilling, 100' to 150' Depth per foot $23.00 9025 CPT Drilling per linear foot $17.00 9027 Steel Casing, 4" dia. per foot $14.00 9030 Additional Split Spoon Samples each $23.00 9031 Additional Shelby Tube Samples each $90.00 9032 Bulk Sample, Auger Cuttings per sample $39.00 9037 Auger Boring per hour $80.00 9040 Rock Coring Setup each $87.00 9041 Rock Coring per foot $33.00 9050 Pressuremeter Surcharge, w/Auger each $196.00 9051 Pressuremeter Surcharge, w/Rotary per test $87.00 9055 Inclinometer Setup each $244.00 9056 Inclinometer Surcharge per foot $25.00 9057 Pressuremeter Tests, Standard Pressure per test $346.00 9058 Pressuremeter Mobilization per mobilization $380.00 9059 Monitoring Well Installation (2.0" Slotted) per foot $16.00 9063 Monitoring Well Protective Cover each $161.00 9064 Well Protector Pipe w/Flush Cap each $244.00 9065 Grout Seal Boreholes per foot $12.00 9100 Mobilization of Environmental Drill Rig per mobilization $483.00 9111 Backhoe Technician per hour $80.00 9130 Geo. Piezometer, Setup each $87.00 9135 Geo. Piezometer, 1.25" dia. PVC per foot $15.00 9136 Geo. Piezometer, 2" dia. PVC per foot $16.00 9155 Direct Push Drill Rig each $2,467.00 9160 Decontamination of Drilling Equipment per hour $153.00 9170 55-Gallon Drums for Spoils and Development each $73.00 9180 Site Clean Up and Restoration per hour $153.00 9190 Well Development per hour $153.00 9205 Partial Clearing for Rig Access per hour $210.00 Environmental Analyses 2015 Endangered Species Database Search lump sum $201.00 3212 TPH (EPA 418.1), Soil/Water each $107.00 3213 Pesticides/PCB's, Soil each $161.00 3214 Pesticides/PCB's, Water each $260.00 3215 BTEX (EPA 602/8020)/Soil each $229.00 3216 BTEX (EPA 602/8020), Water each $157.00 3217 BTEX/MBTE/Naphthalene, Soil each $240.00 3218 BTEX/MTBE/Naphthalene, Water each $169.00 3219 PCB's (EPA 608/8080), Soil each $136.00 3220 PCB's (EPA 608/8080), Water each $136.00 3221 PCB's (EPA 608/8080), Wipe each $169.00 3222 TCLP RCRA-8 Metals, Soil/H20 each $464.00 3225 Moisture, Percent (EPA 160.3), Soil/H20 each $46.00 3226 RCRA Characteristics, Soil/H2O each $251.00 3247 TPH - Luft (FL-PRO) each $107.00 3292 Air-O-Cell Analysis (standard turn around) each $66.00 3293 Air-O-Cell Analysis (24 hr. rush) each $128.00 9600 Phase I ESA lump sum $2,741.00 9601 Phase I ESA- Report Photocopies each $73.00 9602 Phase I ESA- Report Copies (Color) each $140.00 9603 Phase I ESA- Land Title/Judicial Record/ Lier each $244.00 9604 Phase I ESA- Regulatory File Review @ Local/ lump sum $483.00 9605 Phase I ESA- Regulatory File Review @ State r lump sum $688.00 Semi Vols. 3227 Lead in Paint (200.7/6010) each $76.00 3228 Lead (200.7/6010-ICP), Soil/H20 each $66.00 3236 Bulk/Surface Analyisis (standard turn around) each $66.00 3237 Bulk/Surface Analysis (24 hr. rush) each $128.00 Task# Task Description Position Code Hourly Rate/Unit Cost Hours/Unit Cost Total Task Cost Task 1 Phase I,II,and Dewatering Senior Principal 1027 250 20 5000 $ 38,550 Senior Project Manager 1210 165 30 4950 Project Engineer 1300 110 50 5500 Assistant Project Manager 1525 95 65 6175 lab fees-soil and GW sampling 7150 1 7150 Drilling Fees 9775 1 9775 Task 2 Natural Resources Assessments Senior Project Manager 1210 165 60 9900 $ 32,615 Project Manager 1310 105 60 6300 Staff Environmental Scientist 1535 85 60 5100 Senior Principal 1027 250 14 3500 Draftsman(GIS) 1900 95 39 3705 Reimburseable-office expenses 500 Reimburseable-GIS equipment 1000 Reimburseable-hotel 1500 Reimburseable-travel 1110 Task 3 Fed Permitting Senior Project Manager 1210 165 40 6600 $ 13,800 Project Manager 1310 105 40 4200 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 5 1250 Reimburseables-hotel 400 Reimburseables-travel 500 Task 4 State Permitting Senior Project Manager 1210 165 30 4950 $ 11,350 Project Manager 1310 105 30 3150 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 6 1500 Reimburseables-hotel 400 Reimburseables-travel 500 Task 5 Local Permitting Senior Project Manager 1210 165 30 4950 $ 11,350 Project Manager 1310 105 30 3150 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 6 1500 Reimburseables-hotel 400 Reimburseables-travel 500 Total $ 107,665 t vrtji , -ff, * ' 4L.11,,,,,I,e-d- I 1 g . -r.4,, , tv, ilk OM kg 14 vt } le- isr` }„a• a ECS Florida, LLC Proposal for Subsurface Exploration and Geotechnical Engineering Services Boynton Beach - Heart of Boynton Flood Improvement NW 8th Ave and NW 2nd St Surrounding Areas Boynton Beach, Pal Beach County, Florida 33435 ECS Proposal Number 25:9388-GP February 6, 2026 Revised: February 24, 2026 ECS FLORIDA, LLC "One Firm. One Mission." mommummo Geotechnical • Construction Materials • Environmental • Facilities February 6, 2026 Revised: February 24, 2026 Mr. Michael Cartossa Keith Engineering 301 E Atlantic Blvd Pompano Beach, FL 33060 Reference: Proposal for a Subsurface Exploration and Geotechnical Engineering Services Boynton Beach - Heart of Boynton Flood Improvement NW 8th Ave and NW 2nd St Surrounding Areas Boynton Beach, Palm Beach County, Florida 33435 ECS Proposal Number 25:9388-GP Dear Mr. Cartossa, ECS Florida, LLC (ECS) is pleased and would like to thank you for the opportunity to submit this proposal to provide subsurface exploration and geotechnical engineering services for the above-referenced project. This proposal contains our project understanding, proposed scope of services, fee estimate, schedule of work, and authorization requirements. This proposal has been revised to reflect the change in cost rates as discussed with the client. Thank you for the opportunity to submit this proposal to provide services and serve as your consultant. We look forward to the opportunity to work with you on this project and to hopefully serve as your consultant in the future. If you have any questions,or if we can be of any additional service, please contact us at (561) 840.3667. Respectfully submitted, ECS FLORIDA, LLC � 0 —0 jjej (AO . F. Logan Loeloff, P.E. Gustavo Langoni, P.E. Geotechnical Department Manager Geotechnical Department Manager Florida Registration No. 102087 Florida Registration No. 72327 lloeloff@ecslimited.corn GLangoniBavard@ecslimited.com 2000 Avenue P,Suite 3,West Palm Beach, FL 33404 • T: 561.840.3667 • F:561.840.3668 • ecslimited.com ECS Capitol Services,PLLC • ECS Florida,LLC • ECS Mid-Atlantic,LLC • ECS Midwest,LLC • ECS Southeast,LLP • ECS Southwest,LLP February 24, 2026 ECS Florida, LLC PROJECT DESCRIPTION Based on information provided by the Client, the proposed project involves geotechnical exploration services in support of a flood-improvement initiative for the City of Boynton Beach, Florida. The project is anticipated to include the installation of new stormwater pipelines along multiple residential roadways to reduce existing flooding hazards.The streets currently identified for proposed stormwater improvements include: • NW 1st Street • NW 9th Avenue • NW 8th Avenue • NW 4th Street • NW 9th Court • NW 2nd Street • NW 3rd Court • NE 1st Street • NE 2nd Street • NE 2nd Court • NE 3rd Street • NE 9th Avenue • N Railroad Avenue In addition to the stormwater pipeline installation, the project includes the construction of an underground stormwater storage system/dry retention area within Sara Sims Park. We have received a scope of work request from Keith Engineering showing test locations. Most of the test locations are within residential roads that will require a roadside permit and maintenance of traffic(MOT). MOT is anticipated to require flaggers as the drilling operations would obstruct a lane of traffic on two- lane roadways. SCOPE OF SERVICES Our services will include applying for roadside permits, performing maintenance of traffic, drilling of soil test borings by a subcontracted drill crew, utilizing an automatic hammer in accordance with City of Boynton Beach protocols, performing exfiltration tests and double ring infiltrometer testing, various engineering analyses, and preparation of an engineering report. Based on the information provided by your group, we will perform a total of twenty-seven (27) Standard Penetration Test (SPT) borings advanced to depths of approximately 20 feet below ground surface (bgs). We will additionally perform fifteen (15) exfiltration tests to a depth of 10 feet bgs and three (3) double-ring infiltrometer tests. Based on our review of required boring and exfiltration test locations, we will require a Right of Way (ROW) permit from the City of Boynton Beach. In addition,the work will require site restoration, providing traffic barricades/signs, and ECS personnel on-site, typically as a precondition for granting of permits. These items will be billed on a unit rate basis. We are providing not-to-exceed budgets for these tasks. Access and Permitting Prior to providing our Field Exploration services, ECS will apply for a Right of Way(ROW) Permit from Palm Beach County to have access to perform drilling at the test locations. We will provide a Maintenance of ECS Proposal It 25:9388-GP Page I 1 February 24, 2026 ECS Florida, LLC Traffic (MOT) plan as part of the ROW permit application. An allowance budget has been provided assuming one application and one set of revisions. Field Exploration and Engineering Report This task assumes that we will perform the field exploration continuously and in one mobilization. We assume Keith will provide private utility location (PUL) at each test location so as to ensure our work is performed expeditiously and without interruptions. For this task ECS will perform the following activities: a. Procure a Sunshine State One Call utility ticket and coordinate response with utility companies to close out the ticket. b. Field locate borings by use of a Global Positioning System (GPS) device based upon field datum points and available plans. Elevations interpolated from civil drawings and/or referenced from published topographical maps. c. Mobilize ECS personnel to the site. d. Perform 27 Pavement Cores at the SPT boring locations and measure the extent of the surface and base layers of the existing pavements. e. Perform 27 SPT borings (B-01 through B-27)to a depth of 20 feet bgs within the proposed pipeline installation and Sara Sims Park locations. f. Perform 15 exfiltration tests (EXF-01 through EXF-15) to a depth of 10 feet bgs. g. Perform three (3) double-ring infiltrometer tests within the test locations (DRI-01 through DRI- 03). h. Measure the depth of groundwater within each boring at the time of drilling. i. Backfill the borings upon completion with soil cuttings and patch the surface with cold patch asphalt. Upon completion of drilling operations, the samples will be returned to our laboratory in West Palm Beach, Florida. We will prepare a written engineering report that presents our findings and recommendations. The engineering report will include the following items: a. Observations from our site reconnaissance, including current site conditions, surface drainage features, and surface topographic conditions. b. A review of the published geologic conditions and their relevance to your planned development. c. A subsurface characterization and a description of the field exploration and laboratory tests performed. Groundwater concerns relative to the planned construction, if any, will be summarized. d. Logs of the soil borings and records of the field exploration prepared in accordance with the standard practice for geotechnical engineering. A location plan will be included, and the results of the laboratory tests will be plotted on the logs or included on a separate test report sheet if applicable. e. An engineering analysis and evaluation of the site and subsurface conditions with respect to the planned stormwater pipeline installation and any adverse impact these conditions may impose on the proposed construction. f. Soil properties for underground stormwater storage/dry retention area. g. Existing pavement sections. h. Recommendations for site preparation, fill placement, and subgrade preparation. ECS Proposal#25:9388-GP Page I 2 February 24, 2026 ECS Florida, LLC i. Recommendations for additional testing and/or consultation that might be required to complete the final geotechnical assessment and related engineering for this project. Maintenance of Traffic ECS will provide maintenance of traffic, including signage and a flagger. ECS will additionally provide engineering inspection and oversight, as typically requested as a condition of permit approval. We have estimated a budget based on 11 days of roadside work. Additional hours onsite will be billed at the following rates in our Fee Estimate section. ECS Advantages In addition to the standard services many local geotechnical engineering firms provide, ECS has distinguished itself on multiple disciplines to allow us to "Set the Standard of Service" for you, our clients. Most notably: • Experience. ECS has established an extensive subsurface database for local geologies, allowing us to economically price subsurface explorations and offer appropriate techniques initially, not after the first phase of testing is complete. • Technology. ECS utilizes Global Positioning System (GPS) services to locate borings in the field. This technology allows us to control the responsiveness of our subsurface exploration and ultimately our report deadlines, versus relying on other firms to locate borings. • Expertise. ECS has in-house geotechnical and geophysical testing.These services include vibration monitoring, pile driving analyzer (PDA) testing, pressuremeter testing, site classification for seismic design, seismic refraction (rock surface studies), ground penetrating radar (GPR), and electrical resistivity imaging (ERI) services. FEE ESTIMATE ECS will provide our services outlined in this proposal on a time and materials basis, utilizing the following not to exceed budget estimates. Access and Permitting $ 3,200.00(allowance,T&M) Field Exploration and Engineering Report $29,140.00(lump sum) Maintenance of Traffic $17,080.00(allowance,T&M) A breakdown of these estimates is provided in the following table. ECS Proposal#25:9388-GP Page 13 February 24, 2026 ECS Florida, LLC Task Description Position I Hourly Rate/Unit Cost Hours/Unit Cost Total Task Cost Access and Permitting Project 110 20 2200 53,200.00 Engineer MOT plans 500 1 500 Permitting Fees 500 1 500 Field Exploration and Principal 250 10 2500 529,140.00 Engineering Report Engineer Project 110 24 2640 Engineer Lab Fees-Soil 1000 1 1000 Classification Drilling Fees 23000 1 23000 Maintenance of Traffic Asst. Project 95 88 8360 (MOT) Manager $17,080.00 Flagger 65 88 5720 MOT Field Equipment Fees 3000 1 3000 TOTAL COST $49,420.00 For time budget purposes and based on your project deadline, the geotechnical study should take about five (5) to six (6) weeks from the time ROW permits are granted. Permitting times typically range between two (2) and four(4)weeks, depending on the regulating agencies. ECS cannot guarantee permit approvals. Utility Clearance and Site Restoration We will contact Sunshine State One Call to locate underground utilities; however, Keith will provide private utility location (PUL) at each test point. ECS will coordinate with the PUL team from Kieth Engineering prior to drilling each test point. AUTHORIZATION If the above scope of work is acceptable to you, please sign the Proposal Acceptance Form and return one copy of the proposal acceptance form to us. This proposal is valid for a period of sixty days beyond that date it may be necessary to revise our schedule or fee. Our "Terms and Conditions of Service," which are included as an attachment to this letter, is an integral part of our proposal. These conditions represent the current recommendations of the ASFE Professional Firms Practicing in the GeoSciences, the Consulting Engineers' Council, and the Geo-Institute of the American Society of Civil Engineers. Using the Proposal Acceptance Form will provide formal authorization for us to perform the above work, enter the site, and provide proper invoicing instructions and distribution lists for reports and correspondence. Please provide any specific instructions or details not covered in this proposal on the attached Proposal Acceptance Form. Please note that we have provided a place to provide invoicing instructions and report distribution. In today's times with improved technology, and to provide you with the fastest response, we can provide the reports by e-mail. If this is acceptable, then list those to whom the reports should be sent and provide their e-mail addresses, if appropriate, on the Proposal Acceptance Form. ECS Proposal#25:9388-GP Page 14 4 . Service Layer Crethts 9355 , rm„,..................... .00 . . ...0 . . diellifili — -••••• •:: . . '4.* " i -APON , r ‘13)- - . . •: - -.-- - -...-.411.-.nber) , .. 8_07Exr_04- - 1-11.4.. 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BORING LOCATION DIAGRAM GL5 Ts Boynton Beach - Heart of Boynton Flood Improvement HHUJEL; NO NW 8th Ave and NW 2nd St, Boynton Beach, Florida SCALE 1"=450• I 25:9388 SHEET 1 DATE maprel Keith En9ineerin9 2/6/2026 City of Boynton Beach Engineering Services — San Castle Heart of Boynton Public Outreach Scope of Services TMS will provide public outreach services for both the design and construction phases of the Heart of Boynton project, which are described in detail in our Estimates of Hours for each phase, as follows: • Develop and maintain a resident and stakeholder database • Develop 1 (one) Informational Mailer and provide QAQC • Set up and maintain a project hotline which will be monitored for the life of the project with monthly reports • Develop an ADA compliant, SSL Certified project webpage with Google translate and QAQC included which will be maintained for the life of the project • Assist with logistics, development of notices„ sign in sheets and comment cards, assistance with setup/take down, attendance and meeting notes for up to 3 (three) public outreach meetings throughout life of the project • Meetings and/or Communication with project team and stakeholders throughout the life of the project The attached Estimates of Hours provide detailed information for each task and/or deliverable as well as anticipated expenses such as printing and postage. It should be noted that TMS only bills for actual work performed. Additionally, we do not upcharge vendor fees and will only ask for reimbursement of the actual expense. All expense estimates will require approval by client prior to proceeding. TMS Rates: Sharon J. Merchant, QAQC $200.00/hour Cheryl Scott, PI Manager $150.00/hour Cheryl Klimek/PI Specialist $1 25.00/hour ESTIMATE OF WORK EFFORT FOR Keith - Heart of Boynton THE MERCHANT STRATEGY Estimated Project Duration - Design Phase - 12 Months Task No. Task TOTAL COST Details 1.00 Database Creation TMS will develop a stakeholder database that includes all residential and commercial properties,schools,hospitals,and places of worship within 500 feet of the project site using Palm Beach County Property Appraiser's Office,Google Earth and Google Maps.Additional stakeholders include,Homeowners,Property,Condo,and Neighborhood 1.1 Resident and Stakeholder Database $ 1,100.00 Associations,elected officials,schools,places of worship,and other interested parties. Task includes QAQC by supervisor. 2.00 Collateral Materials(1(One)Mailer) TMS will draft and edit 1(one)Informational Mailer which will be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and 2.1 Create and Edit Informational Mailer $ 600.00 up to 1(one)round of edits. Cost of printing,postage,and/or door hanger bags will be actual and separate. 3.00 Project Hotline TMS will staff the hotline as first point of contact for the client during working hours(Monday thru Friday 9 am-5 pm). Calls that come in before/after hours will be 3.1 Set up a Project Hotline $425.00 responded to the next business day.ONE-TIME FEE 3.21 Staff Hotline $ 900.00 TMS will staff the hotline as first point of contact for the client during working hours(Monday thru Friday 9 am-5 pm). 3.3 Monthly Reports $ 900.00 TMS will provide client with monthly summary report of hotline communication. 4.00 Project Webpage TMS will develop a project webpage which can be hyperlinked to the City's webpage.Webpage will provide project information,location,schedule,important dates, documents,FAQ,and a contact us feature.ONE-TIME FEE includes:Development of webpage;SSL certification for project duration:webpage hosting for project duration; 4.1 Develop an Interactive Proiect Weboage $4,000.00 Google translate;ADA compliance;and QAQC by supervisor with up to 2(two)rounds of edits. 4.2 Update and Maintain Webpage $ 1,100.00 TMS will update and maintain the webpage.Task includes QAQC by supervisor. 5.00 Public Outreach Meetings(2(two)Meetings) TMS will handle logistics for 2(Two)public outreach meetings TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be 5.1 Logistics for 2(Two)Public Outreach Meetings $ 300.00 actual and additional. Develop Notification for 2(Two)Public Outreach TMS will draft and edit 2(Two)public outreach meeting notices to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor 5.2 Meetings $ 1,400.00 and up to 1(One)round of edits. Cost of printing,postage,and/or door hanger bags will be actual and separate. 5.3 Attend 2(Two)Public Outreach Meeting $ 1,200.00 TMS will provide one(1)staff member to attend 2(Two)public outreach meetings.TMS will provide sign in sheets,take notes and provide summary to client. Meetings/Communication with Project Team 6.00 and/or Stakeholders Kickoff Meeting,Project Team Meetings,and/or 6.1 Communication with Proiect Team -$ 1,700.00 TMS will attend the Kickoff Meeting.meet with the Proiect Team.and/or communicate with the Proiect Team as needed. 6.21 Meetings and/or Communication with Stakeholders ,$ 1,400.00 ITMS will meet with and/or communicate with stakeholders as needed. This includes assistance with easements if needed. Total PI Tasks/Deliverables $ 15,025.00 7.00 Estimated Expenses Estimate for printing/postage for 1(one)mailer and 2(two)notices. "NOTE"THIS ESTIMATE IS BASED ON MAILINGS BEING REQUIRED TO ALL OF HEART OF Printing/Postage estimate 1(one)mailer and 2(two) ROYNTON. Once we have confirmed work sites we can narrow down the stakeholders to the specific work areas.'" 7.1 notices $ 9,253.00 -his cost will be billed separately,at actual cost.We only request reimbursement for ACTUAL EXPENSES and do not mark up printing or postage. TOTAL ESTIMATED EXPENSES $ 9,253.00 TOTAL P1 TASKS/DELIVERABLES AND ESTIMATED EXPENSES $ 24,278.00 Estimate of Staff Hours for Keith Heart of Boynton-Design Phase Page 1 of 1 1/1.5/2026 9.51 AM ESTIMATE OF WORK EFFORT FOR 4111111 Keith - Heart of Boynton THE MERCHANT STRATEGY Estimated Project Duration - Construction Phase - 18 Months Task No. Task TOTAL COST 1.00 Update and Maintain Database 1.1 Update and Maintain Database $ 300.00 TMS will update and maintain the stakeholder database developed in the Design Phase for the duration of the Construction Phase.Task includes QAQC by supervisor. 2.00 Project Hotline 2.1 Staff Hotline $ 1,350.00 TMS will staff the hotline as first point of contact for the client during working hours(Monday thru Friday 9 am-5 om). 2.2 Monthly Reports $ 1,350.00 TMS will provide client with monthly summary report of hotline communication. 3.00 Project Webpage 3.1 Update and Maintain Webpage $ 2,000.00 TMS will update and maintain the webpaqe.Task includes QAQC by supervisor. 4.00 Public Outreach Meeting(1(one)Meeting) TMS will handle logistics for 1 (one)public outreach meeting. TMS will locate a venue and secure AV Equipment if needed Cost of venue and any refreshments will be 4.1 Logistics for 1(One)Public Outreach Meeting $ 150.00 actual and additional. Develop Notification for 1(one)Public Outreach TMS will draft and edit 1(one)meeting notice to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (one) 4.2 Meeting $ 2,600.00 round of edits. Cost of printing,and postagewilt be actual and separate. 4.3 Attend 1(One)Public Outreach Meeting $ 1,200.00 TMS will provide one(1)staff member to attend 1 (one)public outreach meeting.TMS will provide sign in sheets,take notes and provide summary to client Meetings/Communication with Project Team 5.00 and/or Stakeholders Project Team Meetings,and/or Communication with 5.1 Protect Team $ 2,300.00,TMS will meet with the Project Team and/or communicate with the Project Team as needed. 5.21 Meetings and/or Communication with Stakeholders $ 1,400.00,TMS will meet with and/or communicate with stakeholders as needed. This includes assistance with easements if needed. Total PI Tasks/Deliverables $ 12,650.00 6.00 Estimated Expenses Estimate for printing/postage for 1(one)notice. This cost will be billed separately,at actual cost.**NOTE**THIS ESTIMATE IS BASED ON MAILINGS BEING REQUIRED TO ALL OF HEART OF BOYNTON. Once we have confirmed work sites we can narrow down the stakeholders to the specific work areas."' 6.1 Printing/Postage estimate for 1(one)Notice $ 3,084.34 This cost will be billed separately,at actual cost.We only request reimbursement for ACTUAL EXPENSES and do not mark up printing or postage. TOTAL ESTIMATED EXPENSES $ 3,084.34 TOTAL PI TASKS/DELIVERABLES AND ESTIMATED EXPENSES $ 15,734.34 Estimate of Staff Hours for Keith Heart of Boynton-Construction Phase Parte 1 of 1 1/15/2098 5.51 AM TBG Consulting 450 S Orange Ave,3rd Floor Orlando, Florida 32801 Proposal #: 2026 — 1 - KEITH 22 January 2026 Client: KEITH Project: Heart of Boynton Beach Attention: Michael Cartossa, PE Mr. Cartossa, We are pleased to provide a proposal for developing the Opinion of Probable Construction Costs & Opinion of Probable Construction Schedule for the Heart of Boynton Beach project. The following effort is anticipated: • 30% Design: o OPCC o Construction Schedule • 60% Design: o OPCC o Construction Schedule • 90% Design: o OPCC o Construction Schedule o FEMA Cost Benefit Analysis Assistance • 100% Design: o OPCC o Construction Schedule o FEMA Cost Benefit Analysis Assistance The total estimated effort is (246) hours for a Senior Cost Estimator/Scheduler and (44) hours for a Cost Estimator. The total proposed fee is $53,340.00. Please see attached fee worksheet for more information. Thank you for the opportunity and we look forward to working together! Best Regards, Zachariah S. Buchanan, Principal TBG Consulting LLC 1450 S Orange Ave 3rd Floor, Orlando Florida 32801 1(407)683-2612 I www.tbeconsulting.com II :1.1 Consulting 450 S Orange Ave,3`d Floor Orlando,Florida 32801 Client KEITH Project Heart of Boynton Beach Proposal # 2026-1-KEITH Task Hours Hours Sr Cost Cost Estimator: Estimator: 30% Design: OPCC 46 16 Construction Schedule 12 60% Design: OPCC 60 16 Construction Schedule 16 90% Design: OPCC 32 8 Construction Schedule 8 FEMA Cost Benefit Analysis Assistance 24 100% Design: OPCC 16 4 Construction Schedule 8 FEMA Cost Benefit Analysis Assistance 24 Total Hours: 246 44 Senior Cost Estimator/Scheduler Rate per Hour: $ 190.00 Cost Estimator Rate per Hour: $150.00 Proposal Total: $46,740.00 $6,600.00 Total Fee: $53,340.00 Notes: - Proposal includes allowance for attending meetings & coordination on an as-needed basis -Travel costs, if required, to be submitted for reimbursement - Proposal assumes that a reasonable time is allotted for the cost estimating effort prior to each submittal TBG Consulting LLC 1450 S Orange Ave 3rd Floor, Orlando, Florida 32801 1 (407)683-2612 I www.tbgconsulting.com EXHIBIT B INSURANCE ADVISORY The City of Boynton Beach 0 -0,. DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Boynton Beath,Florida 33435 J ( \ ' (P): 561-742-6271 I (F): 561-742-6274 } �'. www.bovnton-beach.ora �70N V 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. 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. Proaerty 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 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