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Agenda 05-15-18The City of Boynton Beach City Commission Agenda Tuesday, May 15, 2018, 5:45 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting - REVISED - Changes made to Items 5.A and 6.E Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District III) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www. boy nton- beach. org Page 1 of 612 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes and Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2of612 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Presentation of the annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. B. Proclaim the month of June as Men's Health Month. C. Proclaim June 1, 2018 as National Gun Violence Awareness Day. D. Announce that the Solid Waste Division will be having Tire Amnesty Week for the City Residents the first week of June from June 4th, 2018 - June 8th, 2018. E. Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane season. F. Announce the Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Page 3of612 Building Board of Adjustments & Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts B. Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director will be present. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-069- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2018. C. Approve the "Cortina PUD Replat Three" record plat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). D. Accept the written report to the Commission for purchases over $10,000 for the month of April 2018 E. Approve the minutes from City Commission meeting held on May 1, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-070 - Authorize the City Manager to sign a contract with R & D Paving, LLC of West Palm Beach, FL for the "NW 11th Avenue Reconstruction - Model Block project", Bid No. 011-2821-18/TP in the amount of $461,147.50 plus a 10% contingency of $46,114.75 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $507,262.25. B. PROPOSED RESOLUTION NO. R18- 071- Authorize the City Manager to sign a contract with Ric -Man International, Inc. for "PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II"; as a result of RFQ No.037-2821-17/TP in the amount of $3,233,885,33 for Design services, and a total project value of $10,000,000. C. PROPOSED RESOLUTION NO. R18-072 - Authorize the City Manager to sign a contract with Murphy Pipeline Contractors, Inc. of Jacksonville, FL for construction of water distribution system watermain upgrades in the area of SE 27th Ct to SE 31st Ave as shown in the attached drawing in the amount of $1,352,112 and a 10% contingency amount of $135,211 for unforeseen issues for a total cost of $1,487,323. Murphy Pipeline was awarded as Primary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Quantum Lakes Villas West Major Site Plan Modification (MSPM 17-001) for 104 Multi- family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. (Item Tabled at April 17, 2018 City Commission meeting) Page 4of612 B. Approve Boynton Village & Town Center Master Plan Modification (MPMD 18-002) to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. Applicant: John Markey, JKM Developers C. Approve Cortina III Major Site Plan Modification (MSPM 18-003) to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master plan. Applicant: John Markey, JKM Developers 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS - None 12. LEGAL A. PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. (Tabled to May 15, 2018) B. PROPOSED ORDINANCE NO. 18-007 - SECOND READING - PUBLIC HEARING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) - Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article III, Abandoned Property, Section 10-51.5; to clarify the definitions of default and mortgagee; and to clean up language as to when a registration is required. (Tabled to 5-15-18) C. PROPOSED ORDINANCE NO. R18-008 - SECOND READING - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - June 2018 B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park C. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD-TBD D. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD E. Announce Budget Workshop dates and times: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 P.M. Tuesday, J my 17, 2018 @ 10:00 A. M. Page 5of612 Wednesday, July 18, 2018 @ 2:00 P.M. F. Staff to report on the possibility of the City beginning a Bike Share Program - June 5, 2018 G. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City -W ide program - June 2018 H. Consider approving ILA with the CRA for funding associated with the NW 11th Avenue reconstruction bid associated with the Model Block Project - June 5, 2018. 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, RUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page6of612 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 1.A. OPENING ITEMS 5/15/2018 Page 7of612 2.A. OTHER 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8of612 i1M REQUESTED ACTION BY COMMISSION: Presentation of the annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. EXPLANATION OF REQUEST: The Bob Borovy Student Citizen of the Year Award was created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to apply, students must be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year's award recipient. FISCAL IMPACT: Non -budgeted The award is sponsored by the Education and Youth Advisory Board and is funded through donations. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 9of612 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Proclaim the month of June as Men's Health Month. EXPLANATION OF REQUEST: Health month began in 1994 with the Congressional passage of Men's Health week, sponsored by Senator Bob Dole and Congressman Bill Richardson at the request of Men's Health Network. Men's Health Week was signed by President Clinton and became Public Law on May 31, 1994. As then Congressman Bill Richardson noted at the time, increasing the awareness of Men's health is an a)dremely important issue no just for men, but also for women and families. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to Proclaim the month of June as Men's Health Month. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Proclamation Description Men's Health Month Page 10 of 612 Proclamation WHEREAS, despite advances in medical technology and research, men continue to live an average of five years less than women with Native American and African American men having the lowest life expectancy; and WHEREAS, educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems will result in reducing rates of mortality from disease; and WHEREAS, mend who are educated about the value of preventative health will be more likely to participate in health screening; and fathers who maintain a healthy lifestyle are role models for their children and have happier, healthier children; and WHEREAS, Men's Health Network worked with Congress to develop National Men's Health Week as a special campaign to help educated men and their families about the importance of positive health attitudes and preventative health practices; and WHEREAS, the City of Boynton Beach Men's Health Week will focus on a broad range of men's health issues, including heart disease, mental health, diabetes, prostate, testicular and colon cancer; and WHEREAS, the citizens of this City are encouraged to increase awareness of the importance of a healthy lifestyle, regular exercise, and medical check-ups. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim June Two Thousand Eighteen as: Men's Health Month IN WITNESS WHEREOF, I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15,h day of May, Two Thousand Eighteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Proclaim June 1, 2018 as National Gun Violence Awareness Day. EXPLANATION OF REQUEST: Moms Demand Action has started three new groups in Palm Beach County. National Gun Violence Awareness Day started in 2015 and uses the slogan "Wear orange". The color orange has a long and proud history in the gun violence prevention movement, whether it is worn by hunters or activists. Orange expresses our collective hope as a nation, a hope for a future free from violence/ Common-sense solutions are needed HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not make the proclamation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Proclamation Description Proclamation Page 12 of 612 Proclamation WHEREAS, the first Friday in June has been proclaimed National Gun Violence Awareness Day in the City of Boynton Beach to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to reduce gun violence; and WHEREAS, every day 96 Americans are killed by gun violence and on average there are nearly 13,000 gun homicides every year and Americans are 2 time more likely to be killed with guns than people in other developed countries; and; WHEREAS, protecting public safety in the communities they serve is a Mayor's highest responsibility; and support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns away from dangerous people; and Mayors and law enforcement officers know their communities best, are the most familiar with local criminal activity and how to address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS, anyone may join this campaign by pledging to "Wear Orange" on June 1st, to help raise awareness about gun violence; and honor the lives of gun violence victims and survivors; and renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands and encourage responsible gun ownership to help keep our children safe. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 1st day of June of Two -Thousand Eighteen as: NATIONAL GUN VIOLENCE AWARENESS DAY IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 9th day of May Two -Thousand Eighteen. Steven B. Grant, Mayor ATTEST: Queenester Nieves Deputy City Clerk REQUESTED ACTION BY COMMISSION: Announce that the Solid Waste Division will be having Tire Amnesty Week for the City Residents the first week of J une from J une 4th, 2018 - J une 8th, 2018. EXPLANATION OF REQUEST: Tire Amnesty Week will be held during the week of June 4th through June 8th. During that week residents may place at the curb up to eight (8) car and/or passenger tires (with or without rims) for pick up. The tires will be picked up on the scheduled bulk trash day in your neighborhood. Tires must be placed at the edge of the road at least three (3) feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. Please keep tires and vegetation separated. Contact the Public Works Department at 561-742-6200, Monday -Friday, 7:30 a.m. to 4:30 p.m. if you have any questions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will help our city residents dispose of tires at no cost to them. FISCAL IMPACT: Budgeted It is included with our annual Solid Waste disposal costs. ALTERNATIVES: Not to provide the service to our City residents and requiring them to take tires to the transfer stations for disposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 14 of 612 Grant Amount: Page 15 of 612 3.E. REQUESTED ACTION BY COMMISSION: Announce that Hurricane Season begins June 1St and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane season. EXPLANATION OF REQUEST: Hurricane Season begins June 1St and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane season. As a reminder residents should not do any major tree trimming or place bulk items at the roadside after the announcement of a named storm as there is no guarantee that vegetation or bulk items will be picked up before a storm arrives. As part of normal vegetation pick up residents can place unlimited amounts of vegetation weekly to be set at the curb after 6:00 pm the day before their scheduled pick-up day. • Vegetation needs to be cut in 4' lengths and 4" in diameter. • The vegetation must be placed at the roadside leaving 3' around any obstructions, such as mailboxes, cars or recycling bins. • Bulk trash and vegetation must be separated for pick-up. • Any trash or debris mixed in with vegetation will have to be removed by resident prior to pick up. • Large tree stumps and trunks larger than 4" in diameter require a special pick up. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday -Friday, 7:30 a.m. to 4:30 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 16 of 612 Is this a grant? No Grant Amount: Page 17 of 612 3. F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Announce the Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse. EXPLANATION OF REQUEST: The Commission has scheduled the following: Tuesday, May 29, 2018: 6:30 p.m. for Public Input Budget Workshop. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 18 of 612 5.A. ADMINISTRATIVE 5/15/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 19 of 612 ATTACHMENTS: Type D Other D Other Description Appointments &Applicant Villatoro application Page 20 of 612 APPOINTMENTS AND APPLICANTS FOR MAY 15,2018 Arts Commission III Romelus Alt 2 yr term to 12/19 Tabled (2) IV Casello Alt 2 yr term to 12/19 Tabled (2) Applicants None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/19 (Tabled (3) 1 Katz Alt 2 yr term to 12/19 (Tabled (2) Mayor Grant Reg 3 yr term to 12/18 (tabled (2) IV Casello Reg 2 yr term to 12/19 (Tabled 3) Applicants None Employee Pension Board IV Casello Reg 4 yr term to 12/20 Tabled (3) Applicants None Senior Advisory Board IV Casello Alt Mayor Grant Alt I Katz Reg Applicants Antonio Villatoro 2 yr term to 12/19 (Tabled 3) 2 yr term to 12/19 (Tabled 3) 2 yr term to 12/19 (Tabled 3) Page 21 of 612 From: Villatoro4Mayor <noreply@123formbuilder.io> Sent: Tuesday, May 01, 2018 10:48 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 05/05/2018 Name Antonio Villatoro Gender Male Phone number 561-360-4113 Address 616 sw 1 st ave Boynton Beach Fl 33426 United States Email Villatoro4Mayor@outlook.com Current occupation or, if Self-Employeed retired, prior occupation Education Some College Are you a registered voter? Yes, Doou reside within the y Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. No Senior Advisory Board Have customer Service Experience also will be running for mayor of Boynton Beach in 2019 11 Page 22 of 612 5.B. ADMINISTRATIVE 5/15/2018 REQUESTED ACTION BY COMMISSION: Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director will be present. EXPLANATION OF REQUEST: The Metropolitan Planning Organization is now Palm Beach County Transportation Planning Agency. The Mayor is the City's representative and will bring the Commission up to date as to what is going on with the organization. Nick Uhren, Executive Director will be present to discuss the changes that are occurring with the organization and may have a powerpoint to go over with the Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 23 of 612 CONSENTAGENDA 5/15/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-069 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 24 of 612 Is this a grant? No Grant Amount: ATTACHMENTS: Type 71lIIIIIIIIIIIII Om Description Resolution approving the assessment of cost of nuisance batement Exhibit A Page 25 of 612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\324CE408-A9D3-4BAC-BOID-D8D92FE7C233\Boynton Beach. 10432.1.Nuisance Abatement for 051518- Reso.doc Page 26 of 612 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2018, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\324CE408-A9D3-4BAC-BOID-D8D92FE7C233\Boynton Beach. 10432.1.Nuisance Abatement for 051518- Reso.doc Page 27 of 612 Page 28 of 612 iy O O O O OO O O O o O00 W o6 oo 00 00 m 00 00 r O .E �•! E Ln co O O O -41 w oho e a o 3 � m s Z yr v> v� vn �n v rn rn m rn 0 0 0 0 0 0 0 0 @ co 0o co ao0o ao m oo •Occ 60 r, C 0 0 ooC m n O coo r v F Q v> a U 0 0 co r` LD Ln m N 1--1 oo > c o Ol M oo cn o0 m Ln m Ln m Ln m Ln m Ln N lD — N N N N N N N N O O d• m N CV oo 14 ttQQ („) N 'i LD N �C)O cn O -:4. O O m r1 0 O O O O O O O O O O O O O a m !� 0 '-1 0 r 0 - 0 rn o T r e-1 O ri r-1 N l0 r-1 V; ci r-1 N In Ln a� v v a v v m m m m rn m rn m rn I IT v a a r r a ool `° 0 c 0 o n o.o rn 0 r v r N eq M M rn C rn -• m m J LDm J 66 m J d m d m LL 91. m LL L' m m u •O v L ly ci LL V N LL LL U o) Q ca m ca L" cc t O d E N o c m o c m > o o. o d s Y >• N Y U ? N J �j N O 7 co J b co a Q awl N O N :7 O 0 ~ !� v y C ? — cr o n 6 c3) Q N O ¢ :i L-+ Z u)r LD ci V N N oo N m0 LD rl N N O O oo O Ln u1 N H Ln 000 Ln oo N c-1 oo N w N H N E t V Z cL aj a v U >` OL u J c a 2 m Ln U L.L E"• S= J V t' v V U -4 co F— CU E Y Z + u rpc o r U v v O > > > O ` 0 J C^ F- N O E E Z C 0 r W c ro NLL o) C 7 c c Ili C > L N a! m O wO Page 28 of 612 6.B. CONSENTAGENDA 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2018. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the six (6) month period ended March 31, 2018 (50% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $14.9M surplus for the period ending March 31, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $78.2M or 83% of our total $93.2M General Fund budget estimate for FY 2017- 18. Transfers from other funds (non -revenues) provide $15M or 16% of the total funding sources to balance our $93.2M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 34. OM — Property taxes less Tax Increment Financing to the CRA 2. 45% - $ 44.2M —All other revenues plus General Fund Balance 3. 17% - $ 15.OM — Transfers from other funds 100% - $ 93.2M — Total funding sources The property tax rate for FY 2017-18 is 7.9000 mills, no change from the prior year; the net property taxes of Page 29 of 612 FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 93,254 $ 62,572 67% $ 83,767 $ 57,519 69% 11.3% 8.8% &Transfers Expenditures $(93,254) $(47,659) 51% $(83,767) $(44,842) 54% 11.3% 6.3% Excess (Deficit) $ - $ 14,913 $- $ 12,677 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $14.9M surplus for the period ending March 31, 2018. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $78.2M or 83% of our total $93.2M General Fund budget estimate for FY 2017- 18. Transfers from other funds (non -revenues) provide $15M or 16% of the total funding sources to balance our $93.2M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 34. OM — Property taxes less Tax Increment Financing to the CRA 2. 45% - $ 44.2M —All other revenues plus General Fund Balance 3. 17% - $ 15.OM — Transfers from other funds 100% - $ 93.2M — Total funding sources The property tax rate for FY 2017-18 is 7.9000 mills, no change from the prior year; the net property taxes of Page 29 of 612 $34.OM in FY 2017-18 represent an 7.77% increase in property tax revenue or an increase of $2.4M from FY 2016-17. To balance the budget in FY 2016-17, it required transfers from other funds of $15M representing 16% of all funding sources. Actual Funding Sources Realized: At the end of the sixth month in FY 2017-18, revenues and transfers realized are approximately $62.5M or 67% of the budget estimate compared to $57.5M or 69% realized to date in FY 2016-17. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $30AM as compared to $28.5M for FY 2016-17, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 11.3% from $83.7M to $93.2M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the sixth month period ending March 31 (50% of the fiscal year) are $47.6M that is 51% of the $93.2M expenditure appropriation for FY 2017-18. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $47.6 or 51 % of the FY 2017-18 budget. At this point in the fiscal year, FY2017-18 spending levels are $2.8M ahead of the $44.8M or 54% expended in FY 2016-17 for this same period. UTILITY FUND The FY 2017-18 annual expenditure budget of $46.5M represents a $4.3M increase from the FY 2016-17 budget of $42.2M. The operational forecast reflects an estimated decrease of $442K of the fund balance for FY 2017-18, see Exhibit C. FY 2017-18 FY 2016-17 FY 2018 vs. 2017 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 46,544 $ 23,669 51% $ 42,245 $ 22,274 53% 10.2% 6.3% &Transfers Expenditures $(46,544) $ (21,411) 46% $(42,245) $(21,160) 50% 10.2% 1.2% Excess (Deficit) $ - $ 2,258 $ - $ 1,114 For the sixth month period in FY 2017-18, • Revenues realized are $23.6M (51 %) of the annual budget estimate. • Expenditures incurred are $21.1 M (50%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.2M. Expenditures (Exhibit D) — Utility Fund FY 2017-18 expenditures to date are $21.4M or 46% of the annual appropriation compared to expenditures of $21.1 M or 50% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Page 30 of 612 ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum D Addendum D Addendum Description GIF Statement of Revenues thru Mar 31, 2018 GIF Statement of Expenditures thru Mar 31, 20 UF Statement of Revenues thru Mar 31, 2018 UF State-tte-tt of Ey*pzidwtijres t�rij War 31, 2011 Page 31 of 612 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2018 (50% of Fiscal Year) S:\ Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review - GF - thru Mar 18 Summarized001 Revenue Summary Revised Page 62\2Qf 612 REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED $ 41,458,358 REALIZED $ 37,785,318 REALIZED 91% APPROVED $ 38,322,309 REALIZED 35,221,238 REALIZED 92% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 7,360,831 (7,360,831) 100% 6,682,137 (6,682,137) 100% NET TAXES TO THE CITY 34,097,527 30,424,487 89% 31,640,172 28,539,101 90% LICENSES AND PERMITS BUSINESS TAXES 1,731,000 1,629,061 94% 1,656,000 1,558,750 94% BUILDING PERMITS 2,712,000 1,285,618 47% 2,417,000 1,262,266 52% FRANCHISE FEES 4,865,000 2,497,700 51% 5,065,000 2,316,603 46% OTHR LICENSES, FEES & PER 222,000 185,234 83% 218,000 190,148 87% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 541,443 637% 85,000 380,176 447% STATE SHARED REVENUES 8,677,000 3,810,539 44% 8,674,000 4,137,534 48% SHRD REV FROM OTHR LCL 335,000 81,469 24% 310,000 54,000 17% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 137,657 113% 121,300 134,833 111% CHRGS-GENERAL GOVT 507,800 235,730 46% 459,500 246,162 54% PUBLIC SAFETY 6,086,500 4,341,455 71% 5,133,816 3,539,218 69% PHYSICAL ENVIRONMENT 20,000 12,126 61% 20,000 (475) -2% CULTURE/RECREATION 428,700 230,393 54% 415,500 231,501 56% INTEREST & MISC REVENUE LIBRARY FINES 30,000 9,779 33% 30,000 10,461 35% VIOLATIONS LOCAL ORD. 643,000 119,658 19% 720,000 308,012 43% INTEREST EARNINGS 65,000 9,438 15% 50,000 26,535 53% RENTS AND ROYALTIES 368,800 227,439 62% 368,800 241,562 65% SPECIAL ASSESSMENTS 6,589,000 6,127,254 93% 5,541,500 5,120,449 92% SALE OF SURPLUS MATERIAL 1,500 1,220 81% 2,000 1,004 50% OTHER MISC. REVENUE 4,715,145 188,430 4% 2,725,000 163,961 6% INTERNAL FUND TRANSFERS TRANSFERS 15,067,850 7,533,925 50% 14,842,000 7,421,000 50% FUND BALANCE APPROPRIATED 5,884,506 2,942,253 50% 3,272,149 1,636,075 50% Total Revenues $ 93,253,628 $ 62,572,308 67% $ 83,766,737 57,518,876 69% S:\ Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review - GF - thru Mar 18 Summarized001 Revenue Summary Revised Page 62\2Qf 612 S:TinanceTinancial ReportsWonthly Financial Reports\FY2017-2018\FY1718 Budget Review - GF - thin Mu 18 Summarized001 Expenditure Summary Revised Page 3,3/of 612 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2018 (50% of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 267,301 $ 144,831 54% $ 259,706 $ 147,621 57% CITY MANAGER 746,362 403,110 54% 730,719 431,031 59% CITY HALL/GEN. ADMIN. 13,646,569 3,095,062 23% 7,367,149 1,131,515 15% MARKETING/COMMUNICATIONS 333,846 183,658 55% 258,615 157,240 61% CITY CLERK 569,241 305,974 54% 531,665 247,237 47% CITY ATTORNEY 574,916 282,723 49% 522,411 240,226 46% FINANCIAL SERVICES 1,302,041 649,823 50% 1,034,767 596,364 58% ITS 2,454,516 1,113,244 45% 1,895,058 1,192,477 63% HUMAN RESOURCES 824,823 399,378 48% 724,830 391,364 54% PUBLIC SAFETY UNIFORM SERVICES 16,981,940 10,198,510 60% 16,758,211 9,929,043 59% ADMINISTRATIVE SERVICES 3,862,184 1,794,599 46% 3,534,348 2,087,752 59% SUPPORT SERVICES 9,608,962 5,727,176 60% 9,693,624 5,688,608 59% FIRE 23,514,949 14,388,146 61% 23,089,868 13,629,678 59% COMMUNITY STANDARDS 2,201,205 1,177,480 53% 1,871,683 965,063 0% EMERGENCY MANAGEMENT 22,320 2,441 11% 14,670 3,458 24% BUILDING & DEVELOPMENT DEVELOPMENT 1,132,141 636,010 56% 1,093,300 649,417 59% BUILDING 1,312,787 724,061 55% 1,389,088 665,324 48% ENGINEERING 622,155 319,542 51% 686,132 370,882 54% PLANNING & ZONING 756,125 405,847 54% 776,734 455,684 59% ECONOMIC DEVELOPMENT 412,318 154,412 37% 211,749 46,651 22% PUBLIC WORKS PUBLIC WORKS 154,775 125,382 81% 223,397 133,755 60% FACILITIES MANAGEMENT 2,005,233 815,257 41% 1,624,535 788,938 49% STREETS MAINTENANCE 1,236,275 491,714 40% 1,199,602 474,250 40% LEISURE SERVICES LIBRARY 2,315,127 1,217,958 53% 2,280,461 1,274,378 56% SCHOOLHOUSE MUSEUM SERV 254,971 115,059 45% 269,372 125,429 47% RECREATION 3,133,874 1,535,488 49% 2,905,081 1,585,398 55% PARKS & GROUNDS 3,006,672 1,237,229 41% 2,819,962 1,413,845 50% CRA REIMBURSABLE & RESERVES - 15,243 0% - 19,826 0% Total Expenditures $ 93,253,628 $ 47,659,357 51% $ 83 766 737 $ 44,842,454 54% S:TinanceTinancial ReportsWonthly Financial Reports\FY2017-2018\FY1718 Budget Review - GF - thin Mu 18 Summarized001 Expenditure Summary Revised Page 3,3/of 612 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2018 (50% of Fiscal Year) S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review- OF - thru Mar 18 Summari-d401 Rev Sum Page 34 of 612 REVENUES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 21,675,000 REALIZED $ 10,976,619 REALIZED 51% APPROVED $ 20,250,000 REALIZED $ 10,934,372 REALIZED 54 WATER SALES WATER CONNECTION FEE 150,000 22,740 15% 25,000 30,392 122 WATER SERVICE CHARGE 850,000 469,675 55% 750,000 517,317 69 WTR-BACKFLOW PREVNTR TEST 10,000 10,936 109% 10,000 8,350 84 RECLAIMED WATER SALES 64,000 150,259 235% 60,000 33,262 55 SEWER SERVICE 18,870,000 9,590,408 51% 18,500,000 9,441,237 51 STORMWATER UTILITY FEE 3,800,000 1,922,447 51% 3,800,000 1,913,234 50 TELEVISE SEWER LINES 5,000 8,574 171% 3,500 - 0 FEES 20,000 1,929 10% 15,000 655 4 INTEREST INCOME 35,000 (15,891) -45% 35,000 (4,222) -12% SALE OF SURPLUS EQUIP. 2,000 - 0% - 1,655 0 OCEAN RGE UT TAX ADM CHG 800 408 51% 800 341 43 MISCELLANEOUS INCOME - 48 0% - 399 0% FUND BALANCE DECREASE (INCREASE) 1,061,993 530,997 50% (1,204,004) (602,002) 50 TOTAL REVENUES $ 46,543,793 $ 23,669,149 51% $ 42,245,296 $ 22,274,990 53 S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review- OF - thru Mar 18 Summari-d401 Rev Sum Page 34 of 612 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2018 (50% of Fiscal Year) EXPENDITURES FY 2017-18 FY 2017-18 TO DATE FY 2016-17 FY 2016-17 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,946,158 $ 904,740 46% APPROVED EXPENDED $ 1,814,027 $ 1,030,800 57% WATER DISTRIBUTION PUBLIC WATER TREATMENT 6,009,493 2,508,510 42% 5,961,748 2,794,551 47% METER READING & SERVICES 1,197,278 658,475 55% 1,111,186 642,815 58% WASTEWATER COLLECTION 1,619,357 769,139 47% 1,624,933 811,809 50% WASTEWATER PUMPING STATNS 2,810,391 1,184,977 42% 2,337,495 1,256,503 54% SEWAGE TREATMENT 4,405,000 1,270,816 29% 3,928,070 1,574,138 40% WATER QUALITY 630,247 311,815 49% 634,776 295,269 47% UTILITY ADMINISTRATION 17,530,117 8,400,180 48% 14,552,941 7,369,023 51% UTILITES ENGINEERING 1,478,276 854,681 58% 1,481,747 844,858 57% STORMWATER MAINTENANCE 1,148,994 566,357 49% 1,008,364 532,672 53% CUSTOMER RELATIONS 1,133,407 614,928 54% 1,369,521 774,621 57% DEBT SERVICE 6,635,075 3,366,658 51% 6,420,488 3,233,484 50% Total Expenditures $ 46,543,793 $ 21,411,276 46% $ 42,245,296 $ 21,160,543 50% S:\Finance\Financial Reports\Monthly Financial Reports\FY2017-2018\FY1718 Budget Review- OF - thru Mar 18 Summari-d401 Exp Sum Page 35 of 612 C00111 CONSENTAGENDA 5/15/2018 REQUESTED ACTION BY COMMISSION: Approve the "Cortina PUD Replat Three" record plat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Cortina Phase 3" The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None. ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 36 of 612 ATTACHMENTS: Type D Drawings Description Cortina PUD Replat 3 Page 37 of 612 uj UJ u. aNO 'N uj U. (L Wz r—: ZO <0< iL- 0 toA Uj Lu (1) 0: -4 V) - J CL (L 0: U) ZZ p 3: uj o wo- m z 060 Zfz Z2Q 0M OO>- ZP - LLI LL m 0) 0 LL.0 (L 04 U U. 0 F- A w M I I 01, z , I IZ�� >1�z f ' V KP q —,E y nni �n 0 < 0 C, ERH 3 0. a 0 n <1 ,, 1 D ; YN 6 i --v s—t H LU 0 I -4 nni �n 2,; V 500_ S F 4Y 0 Nll 11 I M LL ° H LLIN W gt w i a.. Z- 0 IQ So a I v carc�Essnu� _ — z o m a. U 01 GN41N 01 � d l�RT3 Pn� ts` IF£ TI.T 11 W , UJ aF S00 a 63'E�iP890' VI-) o =TWLL I aWZ 0o baa° Q3�= �a0moI WW(1)gNI a oll4J1IL �I IL a s I O < U) a �a4m 0 P N o ��, f QaZZ z00> 2F0 •-.20M F"' z LL ur 0 3 1.l 0 w l F- m m 3 I. �r I 3 E g, ..Fm llOJ"W .2 I a _ g 62.30 lµ _ _ 6Q 3}7CgWEEy,AIm _ L x �� 6.64660 74.2'L ---0 0 0643 -- p p3 67?E_ E 't` W _ r a x M LL 0 M H W iU r w / a Z a tY'oc Fp- a N 0 w m � m F..a' o« m � . , }} / soY4o= 11 tVI u. awl0 / �r w 10, d / w Z .�`.�%ieg'% _ Zo F ei/qaw _ I u(L0to / jw v) N �-4 J ILI a j =Kz< wom / b F- Uo0 z Z J 0 FI LU LL MO) o % 0 I t 1 s V F- r I I J 2 w w i ¢ I A s 9 � +�g•5 gaP"M tN nPii'W 4815 X5.]2,@0' S nELLP� - ti I 1" CONSENTAGENDA 5/15/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of April 2018. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for April 2018: Purchase Order Vendor Amount 180888 Hudson Pump & Equipment $ 12,822.00 180889 Transcendent Corporation $ 16,600.00 180890 Industrial Shadeports $ 23,950.00 180914 Hartzell Construction, Inc. $ 17,785.70 180935 Mayer Electric Supply Co. Inc. $ 17,755.44 180936 Printing Corp. Of The Americas $ 14,203.40 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 41 of 612 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description Purchases over $10,000 Backup April 2018 Page 42 of 612 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER 000 r 4 APRILFOR ' 1. Vendor: Hudson Pump & Equipment Purchase Amount: $12,822.00 Requesting Department: Utilities Leon Liberus Date: 4112118 Brief Description of Purchase: Replacement pump for membrane cleaning process. Source for r Sole Source Fund Source: 403-5000-533-65-02 2. Vendor: Transcendent Corporation Purchase Amount: $16,600.00 Requesting a n: Utilities Michael Low Date: 4112118 Brief Description of Purchase: Transcendent ( inte) configuration/training trips. Training for current update, managing inspections for Device Management on-site. Training for Asset Management with mobility. Source for Purchase: Sole Source Fund Source: 401-2821-536-54-0 3. Vendor: Industrial Shadeports Purchase Amount: $23,950.00 Requesting Departm: Public Works Contact . Gail Mootz Date: 4112118 Brief Description of Purchase: Replacement of damaged canopies from Hurricane Irma at Little League Fields. Source rPurchase: Three Written Quotes Fund Source: 108-1211-512--0 1701 4. Vendor: Hartzell Construction, Inc. Purchase Amount: $17,785.70 Requesting Department: Public Works Contact Person: Gail Mootz 4118118 Brief Description of Purchase: Refurbish sail poles at Oceanfront Center. Source forPurchase: Piggyback City of Miami Bch Fund Source: 303-4210-572-63-05 Contract 1T -2014-1 91 -SW RPI893 5. Vendor: Mayer Electric Supply Co., Inc. Purchase Amount- $17,755.44 Requesting Department: Utilities Contact Person: Keith Ellis Date- 4130118 Brief Description urch . Electrical control cabinets for lift station. Source for Purchase: Three Written Quotes Fund Source: 401-2816-536-52-75 Page 1 Page 43 of 612 Vendor: Printing Corp. Of The Americas Requesting Department: Utilities 711 Contact Person: Joe Paterniti Date: 4/30/18 Brief Description of Purchase: Printing and mailing services, including postage for 8 page 2017 City of Boynton Beach Water Quality R- o'' Source for Purchase: Three Written Quotes Fund Source: 401-2819-536-47-10 Page 2 Page 44 of 612 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180888 BOYNTON BEACH, FLORIDA 33425-0310 DATE. 04/12/18 kvjqz�� TO: HUDSON PUMP & EQUIPMENT 3524 CRAFTSMAN BLVD. ATTN: C. JACKSON LAKELAND, FL 33803-7307 SHIP TO: City of Boynton Beach WEST WATER ADMIN 5469 W. BOYNTON BCH BLVD. l--zOYNTON BEACH, FL 33437 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1.00 DL ITT GOULDS MODEL NM3196 MTI, 12537.0000 12537.00 PROCUREMENT SERVICES: P20014*14 [:Ilj;lol I r -A-11 ILI Ammmmum W -16W1161 Page 45 of 612 mCD1 ri x�d 1 N ko I O H I � � 1 I 1 EA Q Q r I g, O 1 PQ Q 1 Z 1 1 H , a 1 �] r Q I I I Z!] 1 I I I W 1 U 1 0 I W, Ev E -4I O O O Pd z hhaa z w l O O a 0 I ('z E -i U 1h lii N N x 1 M N H H W I Ln NCD I H r0 }� 1 LS 7 W N 1 H H 1 O O r -H rb I C3 O m� cN y7I O O PI U I O O [� rl m Q hE zI h L{} E O US 1 111 N O Q N 0 O y H H O ] E C 1 H HH P4 Z O O H N x�+ I H e•i En 9 T4 O I P W I 04 > r [Y; W O U] H H a wl co CJS i �+ 1 ��33 0 0 I H I MU H ;j H I ON �Q ry A", 1 FIs X 0 W CO hD rb [� M''3 }4 0 ®m U U Rsw W U (DZ =j•rl H I M ri N (7 r4 EW 0 E1 I CUNHH HLn WH HF4 I 0L)0W0I mci0DQP4 I Q0XIH0 H14OHp 1 OOUP,U EItopiPIU f� 1 N z i M H O r to I �H Q 1p 0 y i Q F�ii F H r API ONO 1s UE40 E{ I 1C7 b7H a •• H H U P, I f3 Q M:W J Q E H O ra HI wI -a 0O k U 1000 4U a)u Ul U 1 P41' 13.11 H p Vi 1 EI Fi 0 0 0 I'D U3 Q I H ¢f U N CYN W P, H I I H N O 1 N` O O C) nq 9 r, In N M ab N Ln N m N N ra 14 U V G rd rd y ¢� v z Q% 0 m m H �4 €a E+ P4 4J 4J 0 rd 11 14 Pr H 0 Uo ko S4 WNON0) R4 r']O JJ O SJ ® P® 0 PS sd a plpmpm H 4 pq H Civ W W E-1 z H W H H Ef H U3 H i Page 46 of 612 Date: ?-Apr-1 8 Requesting Department: Util-f)U,)-T- W—E�7- Contact Person: Leon Liberus Explanation for Purchase: lRecommended Vendor Hudson Pump and Equipment I Dollar Amount of Purchase $12,822.00 Source for Purchase (check and attach backup materials): Three Written Quotations F GSA L --j State Contract PRIIS EIRESPCT r ------ I SNAPS L --j Sole Source Piggy -Back Budgeted Itern Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: WE= Department Head Purchasing Agent Asst City Manager City Manager Form Revised 02101102 Page 47 of 612 REQUEST FOR REQUISITION P-URCHASE: FASON7FOR epla ment pump for membrane cleaning process VENDOR INFORMATION: DIVISION:OTHER Name: Hudson Pump and Equipment Admin. ) ate: 3/2911 _------ __------- t ASAP ( Address: 3524 Craftsman Boulevard ngineering DateNeeded: 04116/2018 Confirm. ) Lakeland, FL 33803 Cult, Rel. ASAP/Conf. ) Distribution ) . L r Phone (contact): Larry Strickland Water Qual. cote erbal Admin. 4 ) oyer 500 Phone: 863-665-7867 mping VVTP 41 ) Fax: 63-666-5649 over 2000 Vendor Number 1472 PWTreat. (x) Bid Docs. )W. WTP 4 (X) Meter Serv. Sole Sour Ltr. () P/U 99 (�) INITIATOR: Leon Liberus, Chief Operator Sewage ( ) Insurance n truo ions -e Special Instructions - Reuirement: Stan r. Project Number: WTR 20 Page 48 of 612 malt 1, UiffldexDiparanent 1241 Woolbright Road Boynton Beach, Hopi& 33435 Phone (561) 742-6400 FAX.- (561742-6298 Replacement pump for membrane cleaning process of #: 032618CJ5-Revised Project # WTRO20 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 49 of 612 mpg �Wm 3524 Craftsman Boulevard * Lakeland, FL * 33803 4CZH-udson - (863) 665-7867 * Fax. (863) 666-5649 Tel. psunp A Equipment municipal Don A 01vislon of rencarva NachlnefY COMPaPY *-uote No: 032618CJ5-Revised 11 Date: 03/26/18 Customer'. Boynton Beach, City of Location. West WTP Attn' Leon Liberus Phone, 561-742-6953 Fax, Destination Email, Liberusl@bbfl.us From, Cathy Jackson/Larry Strickland We are pleased to quote as follows: r#M �Descriotion No. Pages: 2 Your No.: Delivery: See Below Terms: N30 F.O.B.: Destination ITT Goulds Model NM3196 MTI, 3x4-13 Pump, GMP -2000 Construction, John Crane Type 4610 Cartridge Mechanical Seal, Bare Pump Only. (Note: We changed the mechanical sea rom a Conventional Type 1 to a 4610 Cartridge Seal that is stock to obtain a better lead time) RIs , � - , I NOTE: Based on the wear of the parts and the obsolete power end (MTX) we recommend a new back pullout or a pump as quoted above. With the followina notes: 1. Freight is included. Freight Included F073 -:57-M I Cathy Jackson R(,,Uw%MT-IV phone: (863) 665-7867 fax: (863) 667-2951 e-mail: ejackson@teneaffa-com visit us at www.hudsonpump-com Quoted By: Cathy Jackson Page 51 of 612 ITT Industries Engineered for life SubJect: ITT Goulds Pumps Municipal Representation State of Florida To Whom It May Concern: KELLY BEAVER 640 Weeping Brancb Court Du h th, GA 30097 Tel (77oj476-5434 Fax (770) 476-5304 E-mail - kelly.beaver(aitt.com This Document serves as official notice that Hudson Pump & Equipment, a Division of Tencarva 1`,-Oachinery Company is the exclusive municipal representative for all sales ofITT Industrial Process products in the state of Florida. This exclusivity agreement applies to all ITT Industrial Process products as shown below: ITT Goulds Pumps sold under the "brand names" of Goulds Pumps and Allis-Cbalrners ITT Goulds Pumps'repair parts sold under the "brand names" Goulds Pumps and Allis-Chalmers ITT Monitoring& Control (Variable Frequency Drives) sold under the "brand names" of ProSmart and PumpSmart Ifyou have any questions regarding this agreement, please don't hesitate to contact me. Page 52 of 612 k CERTIFICATE OF? LIABILITY INSURANCE fi COVERAGES CERTIFICATE NUMBER: 1273651202 City REVISION NUMBER' LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABtYVE FOR THE PY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR AFFORDED BY THE POLICIES DESCRIBED HEREIN I6 SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL) CL IM& L UR LICI EP PP)LI EXP UNITS 9NSR POLICY NUI813 PE F INSURANCE Q M2 NYYYj LTR A _ MERCIALGENE L SI GLO581122 1{1 _ 1� 17112013 C3iE1CClIRItENCE $1, PREMI _L8 E� �un 100, CLAIMS -MADE OCCUR LAEm P n) 15 ,ODC PERSONAL& ADV INJURY $1,000,000 AGGFiE TE $2, ii4U GEN°L AGGREGATE LIMIT APPLIES PER:GENE ElLOC PRODUCTS- MPA)P AGG $ 2, 3O- POLICY JECTT $ ER- BAP5619227 M i! INED SINGLE LIM1T 111Yd018 11112013 EC em $ i➢0U(9 A O OBILEit ILFIT BODILY INJURY (Per Peron) $ ANY AUTO OWNED SCHEDULED BODILY IZURY (Per cdd ) S AUTOS ONLY AUTOS ROPERTYRAIMAGE $ FARED x NON -O EDPar a en1 AUTOS ONLY AUTOS ONLY $ P41MS8281-1 F 11112013 11112013 CFtl O�GURRENCE $ 25, E L R OCCUR AGGREGATE$ 25, U,0UU ]EXCESSCLAIMS -MAD RETENTION$ C WP)RKERSC PEN TION 561122' 1 11112018 11112013 X ST�9JTETER AND EMPILOYERSUASILITY Y p N E.L. Ff ACCIDENT $500,000 A PROPRIETY ERFEXECUTIVE NFA GFFIDERIMEBER CLUDED7 El I E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If' describe under E.L. DIS E- POLICY_15110,000 D -Si ftIFaTILBN caF r�PE 'r11�Ns bdow 17112016 11112613 L fir 150,00(4 D a �4cst� Equllamasak IFI63526a5306 CP1G2741S695904 111 10 111120111 PallufilonP¢r 5, t1 E Pollution Debility VEHICLES (ACOR6101, Addffl=33 Remarks Schedule, may hattached 0 mare space is shed) ESCRIPTION OF OPERATIONS 1 LOCKGONSF CANCELLATION30 Days Required by Contract CERTIFICATEC -if SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO THE I TION DATE THEREOF, CE WILL BE DELIVERED IN R VISI NS - ACCORDANCE ITH THE POLJCY PROVISIONS- City of Boynton Beach 5469 West Boynton Beach Blvd. AUTHORMEDROP SENTA E Boynton Beach FL 33437 /9 1-1117 I, 1988-2015 AC 'TI I rightsse () The ACORD name and logo are registered marks of ACORD Page 53 of 612 M1, • Tencarva Machinery Company, LLC • Tencarva Holding Company I • Tencarva Holding Company 11 • Hudson Pump & Equipment Associates LLC • Hudson Pump & Equipment, a Division of Tencarva Machinery • Engineering Equipment, a Division of Tencarva Machinery • Electric Service & Sales, a Division of Tencarv_M <«2:.v: • Southern ?ales? t a Division of Tencarv_M achi • GPM Industries, a Division of Tencarva Machinery • Unig?><¥M =2§©e Guards, a Division of Tencarva Machinery • Saladin Pump & Equipment Co Page 54 0 612 Roberts, Melissa Leon Liberus Chief Operator Boynton each Utilities City of Boynton Beach 5469 W. Boynton Beach Blvd. I Boynton Beach, Florida 33437 561-742-6953 1 0 754-367-7827 1 fi 561-731-0065 liberusl@bbfLus http://www.boynton-beach.org/ irzavvt M Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and �Iour e-mail address may be subject to public disclosure. I Page 55 of 612 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O.#: 1808 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 041 ZNZ# * $ � SHIP TO: TO: TRANSCENDENT CORPORATION City of Boynton Beach 333 DOUGLAS RD E EAST UTILITY ADMIN OLDSMAR, FL 34677 124 E. WOO RIGHT ROAD BO TON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 8.00 EA TRAENTCONSULT 750.0000 6000.00 TRANSCENDENT ENTERPRISE TRAINING/CONFIGURAT.ION, TWO (2) SPECIALIST: FOP, 4.::DAYS EASCH, THEZRIP` INCLUDES:: CURRENT UPDATE:,: KANAGING. INSPECTIONS .......... CREATON: & DEVICE: MANJ.LGEMENT. 2 8.00 EA :TRAINSTALL : :750,0000 6000.00 TRANSCENDENT INSTALLATION .:& :TR'AINING:,:::: (2) TWO SPECIALIST. FOR .'g DAYS EACH, TRIP 1NCLUDES 7WS CENDENT WEB USER INTERFACE, :WQRK REQUEST, MOBILE MAINTENANCE: TRAINING. 3 2300.00 DL. TRAEXP .1.00..0 2300.00 Actual cost. not; to exceed $.2300.00 Transcendent.: Enter-pri se TrainihcT/Comfiguration 4 2300.00 DL TAAVEXP .000 2300.00 TPA14S C END ENT TRAVEL EXP. INSTALLATION & TRAINING ...... . ....... .. ... .. ... .. PROCUREMENT SERWCES: ACCOUNT NO. 401-2821-536.54-30 1111011m ee I P.O. TOTAL: Page 56 of 612 PURCHASING OD co p! C11 0 F4 Ey C4 >4 0 M 19 0 z 0 RE- a m 1 C) CD 0 Z MO: C; C; C; � a 0 M 0 C) 0 N : U3 I 0IXEa 1 M Da M H OF I 0 C) n CD 13 w z no rj 0 C) E4. Z m 0 0 u C) Ln C3 o 0 0Ey H 0 i Qcx W 8 9z H IX DQ P 1 0 OC) 0 E-1 t H R m P:4 w H C) m m a P4 n Da W P M 4J U) Z co I U r. z ow F-4 -r 0 H 91 U) HMZM HOP 0 P M ul E-1 F4 qu z H 04 C#3 IX EO N" 9 ri um, m pq p4PMH z E -y oufx o 4 Zzo H u w O�H HHst CD E-4 z H 1 UZU z H m HNri m 0 C; -i Uj ual x H u Da gH C) 43 pq D z p P g L) m CdU E-4 U H m 0 H > H of PH to H >4 04 04 M 10-4 Fi 0 H I E-1 0 wzu rh HrA 0 � z w N a) 44 V) M ED W.Vpqz 09c HWHF--? WE P4 E -q a) HO HgygH 0�H Z m 9x 0 0z Ev 00B mu MOP wzz WOQP HN �4m Hm V-�" W HW N04M4 P E &.14M PX MPZ 1.7E4 z Ix ow4MONOW pq H p U;D 00�qrA D40M ED WVM V3W 4-3,H �:) 0 r.w >:3 0 4 0 z 0 IX m : IZ wla 146 IOJ-fd z E-40 4M P0M um 0 Wu � 0 PUIJ u M PNEqp E-4 13 Z ZZ 41 z H Ey 0- HI WMMUO�>qn 4ME-4WH�-'Q m Q) >4 m M P�4 Q 0 P 1 z M O=MMWN PO �RM@�PO H F -I Z OMPO U -,AH RHO H X pq I UNM,4ZQX PW�WAZ E NWQX H ESU-. BRWRO MUU,M20 g34,_j 0 MU00 C4 U ZCO0 0 �AwHm4U 'MR-mep XON u 009P Mu p -q 0 U) F4m4x DU WCE 9 �W 4J RM �:) cy p pq Q PPE-4HM UV3 04 0 U M PPWHE U U] P M HPUM pq W. NX CV In HM a Z L I= Q 0 U U 9 a 0 C� C) C3 C30 0 o Ca 0 0 0 -1 -1 '1 '1 .4 t I Page 57 of 612 i 9 �7 40 cq u u 10 K �o D �i CW u -d 1 Page 58 of 612 Till! lm 11111111111111111111111IT 1111111 1!11� 7 7 , IF a1711Ffl�Mll Explanation for Purchase: I 'Transcendent (Mintek) Configuration/training trips. Training for current update, managing and ,inspections for Device Management ON-SITE. Training for Asset Management with Mobility. "Recommended Vendor Transcendent Dollar Amount of Purchase $16,600.00 rce for Purchase (check and attach backup materials). Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other 101 �17 *I �,11 I =_ Fund Source for Purchase: 401-2821-536-4Q-+7 M, -]1 1- i IT- V. MWe rf 10 Page 59 of 612 REQUEST FOR REQUISITION REASON C PURCHASE: `Mine'.II Configuration/trainingtrips. Training for currentupdate, r v ti i.:� `�- �,, .,t -i , Training for Asset ManageW-e—nt with Mobility. VENDOR INFORMATION: IIq)Date INFORMATION: Name: Transcendent dmin. 0 1 (}31 ead ineerir Address.=01dsmar, Needed: 03i 012015 er 677 Cult. Rel. ( ) ASAP/Conf. { ) Distribution ( }DELIVERY: Phorre {c�tat): elr� t�r�rtell star _ gal. ( } 7Mrff rl ( ) dri 4f} ( )727®734-917 r i g ( ) ev tel ritten ) TP 41 ( } yver 0} Vendor Number: : 17023 Treat. { ) rn i Docs. () 42 ( } eter erv. ( ) Sole §ource tr. ( } 1 { } ea e (T)Speolalsuctions:) ItrarI tTt . i I ServI a ulr APPROVED® trer. ProjectNumber: pan. Unit rice tion sari art umber -rrd e t alio 536 I 49 1 Amount X6000.00 6 $750.00 TRANSCENDENT T I 401 1 TRAIN ING/CONFIGURATION, TWO(2) SPECIALIST FOR 4 DAYS EASCH, THE TRIP INCLUDES T UPDATE, MANAGINGINSPECTIONS, SCHEDULES -USER TIROUND CREATION & DEVICET TRANEXP= TRANSCENDENT TRAVEL 1 2821 536 49 17 2300.00 1 $2300.00 EXPENSESCTU L COST TO BE BILLED NOT TO EXCEED$2300,00 6 $750.00 TRANSCENDENT INSTALLATION 401 2 1 36 4 17 6 00.00 TRAINING, (2) TWO SPECal Ll T FOR 4 DAYS EACH, TRIP INCLUDES TRANSCENDENT WEB USER INTERFACE, T, MOBILE MAINTENANCE TRAINING. Page 60 of 612 TRANEXP=TRANSCENDENTTRAVEL EXPENSES ACTUAL COST TO BE BILLED NOT TO EXCEED $2300-00 __- ______ _ ____ ___ - ____ , ___ ___ 49 ____ _u 1 1 Page 61 of 612 TTRANSCENDENT 3,33 Douglas Rd E 727-734-9175 fildsmar, FL 34677 www.transcendent.—I Invoice:•'!4 FebruaryInvoice Date: 1 Page 1 of I Bill To: Ship To: Boynton Beach Utilities Boynton Beach Utilities Michael Low Michael Low City of Boynton Beach City of Boynton Beach 124 E Woolbright Rd 124E Woolbright Rd Boynton Beach, FL 33435Boynton Beach, FL 33435 United States United States Customer TRSIE boa F. .S. Terrns Purchase Order No, B y001 I Giy ToN oldsrnar Net 30 E ays TRANSCENDENT PHASE I EAST .� Sales Order Salesperson Kevin McConnell Order Crate 02/28,/18 No. U Unit Line of Price Tax Amount Item o Item Description QTY RA Excl. To l� xcl, Tai TRAENTCONSULT Transcendent Enterprise Trainin Confi uration B EA 750.00 0 6,000.00 Two (2) Specialist for 4 days each The trip includes current update, managing inspections, schedules-user.creation, round creation Device Management TREXP Transcendent Travel Expenses 1 EA 0.00 0 0,00 Actual cost to be Billed not to exceed $2,300 TRI STALL Transcendent Installation &Training 8 0y 750.00 0 61000.00 Two (2) Specialist for 4 days each This trip will include Transcendent Web User Interface, work requests, Mobile maintenance training TR XP Transcendent Travel Expenses I EA 0.00 0 0.00 Actual cost to be Billednot to exceed $2,300 Subtotal12,000-00 TotalTax '0.00 Total US Incl. Tax 12,00000 Page 62 of 612 Vr 333 Douglas Rd E 727-734-9175 Oldsmar, FL 34677 www.transcendent.ai Bill To: BoynMichael Low City of Boynton Beach 124 E ton . •. Boynton United States 1 ( I mm�m {. •ice: PS139304 !.te: February 28, 2018 Page I of I REMIT TO: 333 Douglas '.: Oldsmar, ' + Ship To: Boynton Michael Low City of Boynton ' 4 E. Woolbright'r Boynton Beach,' United States I Ite o Mte descrip�Enterp�rlse { I Excl. rax �� xco• pax TREE T ULT Transcendenrainin/onfi uration g E ?50.00 6,000. 0 Two (2) Specialist for 4 days each The trip includes current update, managing inspections, schedules -user creation, round creation Device Management 00 ' TREP Trascen ent Travel Expenses n Actual cost to be gilled not to exceed $2,300 Transcendent Installation & Training DY 750.00 0 ,000.00 TR i STALL Two (2) Specialist for 4 days each This trip will include Transcendent Web User Interface, work requests, Mobile maintenance training TRAEXP Transcendent Travel Expenses 1 EA 0.00 0 0.00 Actual cost to be Billed not to exceed $2,3DO Subtotal00 a0 TotalTotalTax 0.00 Page 63 of 612 7V7 TRANSOMNOwEENT This letter serves as a r- source document Transcendent is an Enterprise support asset details, preventive maintenance, documents and contracts improving ROI for facilities mobilityintegrating asset management with Transcendent is sold throughout the US ti Canadaglobally 68 countriesby direct people.software• development, of Transcendent Corporation. 333 Douglas Road E. I Oldsmar, EL 34677-n.ent Corporation ■..- 64 of PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTONBEACH BOULEVARD BOX P.O. #: 180890 P.O. 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/12/18 SHIP TO: TO: INDUSTRIAL SHADEPORTS City of Boynton Beach 1975 NW 18TH ST. PUBLIC WORKS DEPARTMENT POMPANO BEACH, FL 33069 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED L # QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3290.00 DL REPLACEMENT COVER 1.0000 3290.00 221x231 cover to re -place hurricane damaged shade cover with a newremoVable,,high. density polIehe,: UV stabi:lized.. thy WoVen. ha gcloth covex..All cab.les' and: har.d.wa..ke. a.re incliided with a . .. ..... .. re.j?1-:&cem6nt :cover 2 2760,00 DL REPL-OACEM COVER I..000c) 2760.00 cover to replateh-urr i cane: :dar"46d shade h crh it W . it: a new :removable; hixae d Poll ethylene,: :UV stabilize. woven. ':.. ahaXecldth cover:: 1 cables:and hardware are Inc uded with a replacemen't cover.:: 3 2980700 DL. REPLACEMENT COVERx.0000. 2980-00 184xl2l cover to: replace hurricane dAfaa4ed shade cover with a new:. removable, hiqh. density ..-polyethylene, UV stabilized woven ::.s.h&deClo.th cables and .h. rdware are in.qludeith a rel`' must 4 3600,00 DL REMOVE: OLD & INSTALL. 1.0000 3600,,00 install: :raplment:'coved : h accordance: 'with original scl:l!ic.ata-.ons.::..�..... Addibnal labor due to damaged existing steel structure (or restraini 'ge billed a devices) will t ***$165.00 per hour PROCUREMENT SERVICES- P.O. TOTAL: ACCOUNT NO. PROJECT 108-1211-512.52-90 HR1701 Page 65 of 612 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOY N BEACH BOULEVARD PTNO X 310 P.O. #: 180890 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/12/18 SHIP TO; TO: INDUSTRIAL SHADEPORTS City of Boynton each 1975 NW 18TH ST. PUBLIC WORKS DEPARTMENT POMPANO BEACH, FL 33069 222 N.E. 9TH AVENUE BON EACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST plus any materials required***. 3720.00 DL REPAIR 'n 1.0000 3720E00 ged.�:� Repair of,.hAiirid'anes dama"shade structures.:"'A.ss foll Field ..J.'r-ist base os tion NW. 66rner. ....t t;-'f,j±_Mly gop to rest on the cup F kdld Z b0th :Struttures These . .11structures have ed innet:: columft.-:1: `,:: lifted, be!6nseverely 7:: t.... bb.. evaluated f ... or :damage, e, columns to 1pe reset :and new 1/2 bQ1.ts drilled throug:h columns, crap port structure to:.be reinstalled. 6200.00 DL ":1:'.REPAIR 1-0000 6200.00 All structures have suffered fai. 'd coatingan 11 be recoated. 7 1400.00 DL EQUIPMENT RENT j-Q!000 1400.00 Any necessary special cruipment (Cr s, scissor t; it :7 t.c) will be: billed s. . epa . r et:l:y as needed. a i sm REMARKS: REPAIR CANOPTRS:.:AT::.:L1T-TLR.LRAGUE FIELDS DAMAGED FROM HURRICANE IRMA . (SELi3T. 207.7), ESTIMATE #427 PROMMEMENT SERVICES: P.O. TOTAI-, 2 -3 950.00 ACCO T O. PROJECT 106-1211-512.52-90 H 170 Page 66 of 612 PURCHASING cm co I r{ M1 ! ! 1 !rYMD 64t N e ! ! 1 FA C�1 i°S 1 1 I H H i 1 I 1 1 1 1 I H I 1 1 1 i F 1 1 1 1 I i Q� 1 1 E -f 1 1 1 I 1 t 1 4] 1 Y I�i15 P I t , 1 pf I I t 1 coq I I PQ rA pq 1 F �i W .• H i 1 �f I i .. w I I I lYfGo1 i 10 rA f 1 I t P 1 1 1 1 I I 1 ba 1 ! 1 P 1 H 1 E 1 ra 1"I f H 62I 1 i 1 Ea H E4 H I rAQ I H 1 i 1 1 I 1 1 I �M., f rt r A, 1 1 a # 0A r ,rt a. 5 ■ +f a �I +F f +K # sf a a A y 44 44 1-4 tl . to a a _ � �} a } } a } ca 1 1 I �M., f rt r A, 1 1 Page 67 of 612 a 0A Page 67 of 612 I I R I I 5 m le - m Ci 0 0 0 0 C3 a CD 0 C3 0 o C; C; C; C; C� Oi 00 0 N cq r 0) w I m C%j C%l M m LO 0 0 0 0 0 a 0 a 0 a 0 0 0 0 0 0 0 0 a 0 0 C3 Q ) 0 0 a C3 C) C! 0 C',C, %D co 0N 0 cq t- Ch %Dr rq M N rl m ID a) 4.) 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E4 * w Al O' S 0 0 m C 1 p (d p4z 54 0 04 z kfd D4:Z 010 ri * * alz rU 'd L) E., 0 w 0 0110 :j -no �r HO 4 0 Ora ou ;j -,a N: H 0 4 0 Oro tau 0 -,a N: H 0 A 0 Wo ::) u -Ho F -I 0 94 L O�Dv 0 0 W P4 0 1 w 0 �)O -( N H 0- 1-40$4 O_ r'q N $4 ol— W 43 M kO— M 4 r. V. ( 01 a) A -H rd ra 074-H (d FA W A -ri fd DO a) - to -HN (d I 4J M 04 0 W u rd fr co u rd r-1.4 to D (0 14 10 m w V:3 m v 0-1 u m fd }..o rq Eq q 0.010 ,a5 0 C- 1 U -0 Id 8-1 p 1-1 H K r. r -i a) blo E -i ri 0 Or -I (D H , Id "' 0 Er z I 0 :j ..,4 6, rd a w Z5 z 0 m 0� H a D4 •H mr-I ko bd r -I 4-)'0 W W a) 4J 06 H p p to pi V4 a) 0) 43 (a H k m m P4 W a) 0 41 gd H pkm as �4JV4J-r( H g a rd W4 MKP4 d) r. m >11) 0 m :1 H :j4j 0 0 C4 94 mW &4 H a! W �4PH W M $4 Fq H I U r(EH 0 Orj E M44 E WUPH 54. 9 w 6) u F4 -i > w a. r4o�g Owu > 43 W H pq m cu mug : Requesting Department: . 1 fS / G U; t ItIon for Purchase: r t/. ! !° - - _Amount of ,.. ' rce f ( Thre Written Quotations State Cant P ' T SNAPS e urce Piggy -Back tBudge� tem Emergency Purchase then Contract r: OTE: Pftnq pro t dor purchase must be Preaerdedin the roe detail l" tiro tai rontmct. no Sourcer �,.,'t i�t,tI'M—, Page 69 of 612 J I FROM: Ma d rz— Date: "M /9 71 Copy Work - Number of Copies: [ Double -sided / Collated & Stapled I NIII 111 11 111111�� 111 11 1 plill!'! Vendor or Person to be reimbursed: Account Number: Project No.: Vendor: Account Number: Project No.. Fj Verbal Quotes ($500 to $1,999): Vendor: Cost: Vendor: Cost: Vendor: Cost- a Written Quotes ($2,000 to $9,999.99) - Attached. TV41RNWR-�- M-4--W- a Bid/City (Over $25,000): Bid # 1i Bid/Other Entity (Over $25,000): Bid #, Bid Eff. Dates, & Bid Quotes - Attached. 11 File As: [AfEwIltil" Special Instructions: EW "S Request completed by: Date completed: Please sign and return s ef?to the ;Ogffice Staffs Inbox; feel free to make any comments below. Page"&46 Fro M. 71 �71[ '110 v Paz 6MMM City of Boynton Reach Gad Mootz 222 N.E. 9th Ave. Boynton Beach FL 33435 P.O. No. Contact Person XNTZ�f mq zzi U �- Description Replacement Cover 3,290.DO Replacement Cover 2,760.00 Replacement Cover 2,980.00 A 74, 16-toove *IW- & lista-... 3,600.00 AL R Repair 3,720-00 Repair 6,200-00 Equipment Rental 1,400.00 ACCEPTANCE OF ES71MATE: The above prices, conditions and specifications are hereby accepted. You are authorized to do the work as specified. Payments will be as outlined above AN units are custorn made sales are final. Any past due Invoices are subject to a 1.5% monthly finance charge. Any invoices tumed ow to a third party for collections are subject to a 33% collection fee and other applicable fees. Unit(s) shah remain ft property of Industrial Shadeports until the order is paid in full. This proposal Is Valid for 30 days. Florida Sates Tax may be collected ir only stand alone products am purchased without service or installation' PLEASE NOTE: Fabric must be removed if and when a hurricane or snow warning is pred! or posted In the area. Signature Date Request for Taxpayer Identification Number and Certification M7" Insgrucftru; and #* latest Infonmatiom I Name las shovw cm your heame tax return). Name is requWad on this Inw, do not Invethle Pro I -77k. INDUSTRIAL SHADEPORTS i 2 Budriess name/4"areled entity nerne, I different from abow I 'INDUSTRIAL SHADEPORTS ZT, fogawkV senven boxes. ruwaguete 0 IndividuW60- propflettar 0 O-P—ti- 8 Clsocr-Mon F-1 Pr. 0 T Vesuet- rr UmW ftbildy wmpany. B#ff Y tax cimsftation (Q.0 exporujibn, S.S corporaflon, P--PadnershW) b, I Haft: Cheak the appropriate box in the line above for th a tax CM ",4 d ffm ,.:A b` owner. Do not chwAIn t U.0 It the LLC Is classified as a alngle-member ULC that is diaregarded 1forn the owner unless the owner of to I= IS another ULC dint is not disregarded from the owner for U.S. federal tex Purposes. Otherwise. a single-41namber U-0 th Is OnVarded from the owner should dlw* the appropriate box for the tax classification of ft owner. ■Other Ism insIrucifform) O 5 Address (number, abed, and apt. or sube no.) See InstructionsL 1975 NW 18 STREET 6 Cilly, State, and Zip code POMPANO BEACH, FLORIDA 33069 irl"070" OT, 1070,01T, 1261iffif,7411 Under penalties of perjury, I cedily that i. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be [awed to not subject to backulowithholding because. (a) I am exempt from backup withholding, or (b) I haw not been notified by the Internal Revenue 1-11120 A Y Section references are to the Internal Revenue Code unless otherwise noted - Future develloproents. For the latest hformation about developments related to Form W-9 and ft Instructions, such as legislation anacted after they weirs published, go to www-ft-gayffiormM. Pufpose of Form An individual or entity (Form W-9 reques* who is reqLdred to file an Information return witli the IRS must obtain your correct taxpayer '.# dentifloadon number MN) which may be your social security number N), Individual taxpayer idw0kation number OTIM. adoption amount reportable an an Information return. Examples of Information raturns inolude, but we root limited to, the following. * Form 1099 -INT anterest earned or paid) t Form 1099 -DIV (dividends, including these from stocks of mutual funds) Form 1099-8 (stock or mutual fund sales and certain other trarmactions by brokers) • Form 1099-8 (procoods from real estate transaztions) • Form 1 099-K (merchant card and third party network transaallorls) • Form 1099 time mortgage Interest), 1098-E (student loan interesQ, 1008-T (tuition) • Form 1099-0 (canceled dab§ • Fwrn 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.& person (Including a resident allen), to provide your correct TIN. Ifyou do not refum, Form W-9 to tW to quesfer wfth a 77N, you might Page 72 of 612 F A )OD, Engineered in Australia )10 Made from high-quality LN -stabilized HDPE >degradation UV omo�v.rvr use > Superior inline hot -dip galvanized tubing > Welded tubing runs through a molten zin-# solution whilestill being formed > Flat strip steel is cold -formed and induction welded > Tube has triple layer of protection -zinc, conversion coating and clear organic polymer topcoat.RSA for uniform■, Conversion coating! to slow down white rust growthprocess Triple yr,t corrosiofrom processprovides greater resisrt > Clear top -coat seals inprotection > Smooth and shiny appearance that provides stre Rdurability anal mro-mm Page 75 of 612 )OD, Engineered in Australia )10 Made from high-quality LN -stabilized HDPE >degradation UV omo�v.rvr use > Superior inline hot -dip galvanized tubing > Welded tubing runs through a molten zin-# solution whilestill being formed > Flat strip steel is cold -formed and induction welded > Tube has triple layer of protection -zinc, conversion coating and clear organic polymer topcoat.RSA for uniform■, Conversion coating! to slow down white rust growthprocess Triple yr,t corrosiofrom processprovides greater resisrt > Clear top -coat seals inprotection > Smooth and shiny appearance that provides stre Rdurability anal mro-mm Page 75 of 612 .:��..... «ax, # 4r Yollow 445D72 97.1 UVR Block Page 77 of 612 PROPOSAL Anzco Inc. 9671 Carousel Clyde South. a1 Boca ton, Fl. 33434 1009 NW 31" Ave Pompano Beach, Fl, 33069 Office. 561-488-0822 Fax 561-607-7224 Mobil: 561-699.3602 MI Emil: J=k@2nzcojncMm MGC 151_ QUOTE NO. -a= - 1. i�! 4.." � I4 i�4 4� - � � ;4 � ! .,.� .I � 4" ■ ..0' ".4 t I ^i :4 a' Page 78 of 612 ffis�a. y'� Page 79 of 612 I, RelAscemat Cover ReoucamM Cover 7 r G,tr no deMaged shads tyuctum as 1 the cup E Field 2. both $h$*m . Them sbuctum ham been wiw* daffned by ON ir, Top b*uckKe to be mmoved. „..�; :'d' SN RfOr,`h 'titcduMns tObef 4 n t <, {t 1 k' ffis�a. y'� Page 79 of 612 ME ME, Talley Walker Services Inc. 5208 Palm Way F.ake Worth FL. 33463 561-719-3101 To: City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach FL. 33425 Ar'.—Gai"dow-- Project: Little League Park Canopies MNZINEI�� $24,850. 00 Total Costfor Replacement of Canopies at Little League Park Page 80 of 612 Page 81 of 612 Contact Person ne E M PhoMI ..... ........ Replacenwd Cover Replacement Cover Replacement Cover Remove Old & Inste... Repair a Imarloane danuged 3: Field 3, 1 at base skis - Re position NW corrw twW to restf il o i On &a cup Fi1 fd2, both shickm - These stuctures hms boon wwerNy damaged by Vw hurricane. Top WucWre to be removed, coltunns $11ted. Inner column to be evaluated for dwnW, columns tD be rese anW` now 117 bolis drfftd Ovvj& coWns, support structure to be Repair Eclifipment Rental SII Page 81 of 612 0 TYPE OF INSURANCE Co iERCIALGEWERAL LIABfLrTY C FSA E OCCUR GENI. AGGREGATE UMIT APPLIES PER: FL 33755 Evarystcn insurance Company CAurwater laau , INSURER S' INSURED OWNED AUTOS ONLY Industrial Shadeporls, Inc. SO4EDULED AUTOS jNSURER C 1975 NW ISth StreetINsuREFtI NOWCOWNEU UnHB AUTOS ,,AUTOS DSII RE: Pompano Beach FL 33099 INSURER F: 0 TYPE OF INSURANCE Co iERCIALGEWERAL LIABfLrTY C FSA E OCCUR GENI. AGGREGATE UMIT APPLIES PER: RO- i_2THER'.-_ AUTOMOBILE ANYAUTO OWNED AUTOS ONLY SO4EDULED AUTOS HIRED NOWCOWNEU AUTOS ,,AUTOS ONLY datm in NH) i PERSONAL & ADV INJURY D IBODILY INJURY (F)2r pt—M-wM DAMAGEPR 1IT—RTY ®E CRr rd CSF �f:E 'rIOHS 7 L A riS f FfrCLE6 IAC B 901, d1�3 ee§ Rem 5CrRdUP,, may be anachad ff ea -e rpwe is mqul l Manufactures shade covers with tension poles - gazebo -like, removable structure for shadel-mylinclement weather protection of people & property. Automatic Additional Insured for ongoing operations is Included In regards to the General Liability coverage per the attached form #MEGL 0009-0105 1 B. City of Boynton Beach Public Works. Facilities Maintenance 222 N.E. ft Ave. MUM R�� u, THE ExpiRATION DATE THEREOF, NOTICE WILL BF DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS - AUTHORIZED REPRESENTATWE - CORPORAVON. All rights; The ACORD name and logo are registered mawU of ACCIRD Page 82 of 612 CERTIFICATE OF LIABILITY INSURANCE FrankCrum Insurance Agency, Inc. 100 South Missouri Avenue s il WIT NOTWrMSTANDING ANY RE ALL THE TERMS. EXCLUBIUMb Am!" 6w pERTAIN, THE INSuRANCE AFFORDED BY THE POMIES DESCRIBED HEREIN 13 SUBJECT TO MAY HAVE BEEN REDUCED BY PAID CLAIM& umrrs CMMERCKL ecNERAL LKOILVIT CL mM S -MADE OWUR WORKERS r-OMPENSATION AND EMPLOYERS* L"Irry YIN fmondstoy In HH) WC201800000 01/01/2018 I 0110112019 rs In leased to e. Effeave 1110 112016. coverage is for 100% of the employees of FrankCru to FrankCrum. Coverage is not extended to statutory employees. 043MEM a r a ------- PROVIMM& Public Works Facilities Maintenance AuTHO D FIESENTAME City of Boynton Beach 222 NE ft Ave. Lynton Beach, FL 33435 :CCtD 2S f207 { The ACORD name and logo are registeredr l) is PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180914 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/18/18 F4349k "* ;IWWO PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1 71.05 DL PRESSURE WASHING i.UUUU 7i.05 Item 01: Pressuren Wash1'a?ue Qty 1015, rate $9707, V $71.05 2 1776.25 DL SAND BLLN57ING: 1.0000 1776.25 Item 02-. :Sand 1aS. .. .. ... - Qty.. 1015,: :Rate. $175j:-.Valuie: $11778 3 2537.50 DL STRIFING .1.0000 2537.50 Itefij-'03: Sto-pin.' Q 1 O.j.5' Rate .$2:50, Vu :v: t '7.50 4 4400.00 DL.::-.::.:JQ1.NT SEALANT RE13LACEMENT CLEAN ...... 1-:0000 4400.00 AND: SEAL:'. Itern 4; toint Sealant Replacement :an and Seal Qty: 220.:4, Rate $20, Value: .$40400.00 5 1408.00 DL:. . C . 0 . NCRETE RE . . STORATION 140 -00 1408.00 It 66. Concrete: Rester ation -.Qty 88, Rate`®:.$16. 00, Val. e- $..1,403.00 6 5075.70 DL EXTERIOR COLUMNS -PREPARE AND 3_0000 5075.70 ... RESTORE/ PRIME COLUMN Item 08: Exterior Columns Prepare... an& restore Qty 1015, Rate: $.3. OG, Value..'. $3,045.70: Prime Colunms t y_:.. .10 1.5. 0at e: $2.:',40, Value: 2, 30. 0 0.. 7 2517.20 DL EXTERIOR PAZ STTING-gACRYVLIC.: 1,0000 2517.20 ALIPHATIC POLYURETHM'E'': Item 10. Exterior Painting -Acrylic Aliphatic Polyurethane Finish - Qty: 1015, Rate: $1.98, Value: PROCUREMENT SERVICES: AL: ell— ACCO UNT O. PROJECT 303-4210-572.63-05 RP1893 Page 85 of 612 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O #: 180914 BOYNTON BEACH, FLORIDA 33425-0310 DATi: 04/18/18 TO: HARTZELL CONSTRUCTION INC 2301 NW 33 CT, STE 112 POMPANO BEACH, FL 33029 — UI -T-- - REQSFIOO, N N710T4 ORDERING DEPARTMEW.' 13�G/JL SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 DATE NEEDED: j W OOI I ON APPROVED; — — ------- - - LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST PROCUREMENT SERVICES� MIANUCL, r4 W36-VAPAMMMOR llr 11 P.0. TOTAL: Page 86 of 612 1 I , e—i e-4 1 1 a N f I e f N w Ln T-1 Q0 1 1 ! H L15 x -r IPI Yai P"� 1 1 1 ri 1 h 1 1 1 1 f I 1 1 I ! 1 I 1 1 i 1 1 1I 1 1Pon1 1 r 1 118 la , 1 1 1 1 B 1 1 t 1 1 1 1 I 1ri l 1 1 a 1 1 e i ri 1 B 1 1 1 a 4 H [-a 1 9 1 0 0 aC3 I B 1 � 1; 1 1 1 CY C pd H 1 1 7 rl a� wi r0 mI 1•! r! 1 1 1 1 f 1 � 1 I 1 I I 1 1 PI H 1 coo I C3 I 04n coo 1 F'1 Y9 1 H 1 1 rd 1 1 I rl 1 1 1 SII 2 I i i H rA H ! 1 I f l 14 1 1 1 1 1 I i� M99 Ea I , I 1 1 1 1 ! 1 I 7 I 1 H H H H X" . H 1 1 HHHHHH FIR HH 9-d 1 1'. 1 Fi H H H 0P4H H Mf H I -Il -i I 1 C) I r H 1 I XWW p8 1 1 cm CIO cl rl 1 1 Nell rl H 111 H 3q I Irn 1 I H 1 1 H H N m LPI C'- 0 11 1 A 1 1�fy 1S(. Page 87 of 612 vi0 m U ^ri 44 0 v 41 44 !3 U4 U I LI 'P1 an go 0104 Page 87 of 612 Ul 9 0 F4 u pa I U) ad OC I m 0 ;4 H 0 E -q 0 H la 0 Qi a7 Pa I ZIX fa I 0 Ln 0 0 0 0 0 0 C cq Ln 0 0 Ll. co 0 C vi r- 0 rq � r -i Ln cq L- r� c; c, rl 0 a 0 C) 0 0 0 C3 M C C C H H rA rA li H -1 li 0 Q Z E-4 9 co Page 88 of 612 0 clq LA 0 C r, cli r� c; c, L� ei a 0 t. H r, Ln 11�4 0 Ln r -q rq v Ln N • F4 0 0 z4JO 0 V 0 Ln 0 (d H tDr- r- r- U� rd r- m m ul 4) C;V)- co r -.rd 0 cqi g34,j 0 14 oci-wpiz 90 d) V 04 (v V) P4 04 P4 '1 rl'� P 0 -4 qum L) ts r) Lu 0 tFP0 04 VII -0 EQ M �4 �IUM �i H IX ";J a--) > 0�>U IX H W �l �Iul O;jr4> Q 4) M cl) rd x M w w rd U -i ra -4 r -i CQ P4 !2; P4 > 04 0 Id �:) Di —1>0M -F4 a Lnmz ;D Ix 0 0 C4 0) H Ix rA P4,:�p N �4 0 0 -OZ pq 00 F= 0 eq r) VI -0 z H-14 CD 34 -0 a� to -2 0 w .0 M u3 In bir- H Ln 04 ril :9 4.) cq VCDNO MONH I 0 >4 0 1-1 Q)rjl 2,10 Dc 0.4 Z 1.11-1 Vl)- z I Ed -co Ix g w 0-U., p4u 4j IrA 4fl- F4C P4 4 4,j Z' 00 0 0 pq 0 H 44 H I Q)MP4 H -10 04 m a) 0 M M ;A M -0 p w 04&W? 1 wo M04JUI NWO Up �4 -li 4) 0 004jr4 to -OH :j W14 M01 0 MMA MMWH . V H DD wHI = m Z U Ix Ord co -1 A� H .3 U IrrJa) 0 �4 Q)H N 6 54 (9 rm Ln H DQ � 14 D4 04 ;3�4 0 H 41 U, w 04 E -14 4-1 P V4JMP4 'd a 441 —1 C H 4j cl) M C.11 H MU) 41 Lr) 14094.... Ln OX 0-i A'I �Nr. u 3 0 R: 14 �H pw�040 U) r -I l C 0 �; � W. r-) >4 Q uwllu :�6 W -1 Q 0 00 CPO 1,3 clq - HE Lc�p 0 J�;HFIE Q ..CHO -1 M 2: X N M HE E W IHE E�Iz 0 lxc�l 0 E �;w 4J F -I N14 rq 1-4 wm 5,QE O . �150E w cyO wu HS4.) � l woo ov N Hoao� u 11) 00VEP p k POOVN Z U I 9 r- EM 0 -1 a , E j 0 � Ix 41 w �J.) um um Ov um 41 C.) m X 41 Um X4J 0 u D) P4 H Ol H I U) H I H I UH I H I WHN rl- li 0 Q Z E-4 9 co Page 88 of 612 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10200C Date: —4L"10 1 �9 Requesting Depaftment. 14,64 2 j Contact L-4Person:-14"led7-t- -1,P1114oks -A Explanation fbr Purchase: nded Vendor m2mm Fund Source for Purchase: SP L ---f - Page 89 of 612 REU QEST FOR OFF CE ASSISTANCE 64,2_ 44ec)T-L- Date* 1:ROM: Copy Work - Number of Copies: [Double -sided / Collated Stapled Distribution: 27 3 =. Vendor or Person to be reimbursed: Account Number: ____.__—Proiect No.: Request for Requisition - Vendor: Account Number. 303-4210-572.62-01 —project No.: RP2024 CIP Prolect Verbal Quotes ($500 to $1,999):Vendo Vendor: Vendor: Cost: I 32= Bid/City (Over $25,000): Bid # Bid/Other Entity (Over $25,000): Bid #, Bid Eff. Dates, Bid Quotes - Attached File As: Request completed by: Date completed: 11_ze V4 eA ,Seow4 I All ,Quality czYezvice o)nteyzity tC 1� 1i r�hZ tti+ �s)4i� � s�} t ll{�I iii Public Works City of Boynton city of Boynton Beach 1. ,R Overview: The following proposal Is based upon all approved units and specifications contained In the 3 year term contract awarded October 21, 2014, City Wide Painting and Waterproofing Services, ITB201.4-191. Center Shade Pole refurbishment. SCOPE OF WORK IN 1. POLES a. Grind to remove rust is and treat witht inhibitor b. Apply f Primer C. Apply fiberglass resin. polesd. Rap with e. Top coat fiberglass iresin f. Prime i I 9. Paint poles i acrylic paint- i Williams it resistAcrylic paintLatex ITEM 01. Pressure lashing F 101; $ .07 $ 71.05 ITEM 02: Sand Blasting SF 1015 1,75 $ 1,776.25 ITEM 03: Striping f 1019—$ 2.50 2,537®50 ITE 04: joint sealant replacement clean and seal St 220.4 $ 20.00 $ 4,400.00 ,4,, ,, + ;� t R . ,� r 2301 N.W. , { . Court, Suite 112 It Pompano Beach, 33069 CBC 1252852 Page 91 of 612 W77717P;T" 03.12.2019 Page 2 of 2 ITEM 06: Concrete restoration SF 88 $ 16.00 $ 1.40&00 ITEM 08- Exterior Columns -Prepare and restore Prime columns SF 1015 $ 3a00 $, 3,045.70 SF 1015 $ 2.00 $ 2,030.00 ITP 10: erior Pair:tin8-rylic iphatic polyurethane nish SF 1015 $1. 2,00,70 Prime columns SF 1015 $ .50 $ 507.50 Apply 2 coats of Hi -Solids Aliphatic Acrylic Polyurethane Total contract value: $ 17,785.71/ 6 Page 2 of 2 PHONE- 954-957-9761 11 FAX: 954-957-9766 9 TOLL FREE: 800-841-4859 2301 N.W. 33 rd Court, Suite 112 9 Pompano Beach, L. 33069 (D Page 92 of 612 "'ATOW" wr MIAMBEACH be 305473-7 1755 Meriditin Avenue, p gDo(, Marni Baoch, Rofidm 33139, �hRfv fill Z 4 Mike Goodwin Hartzell Painting Contractors 2301 Northwest 33 Court, Suite 1 `12 Pompano Beach, Florida 33D89 Subject: AGREEMENT PURSUANT TO INVITATION TO Blo (ITS) NO. 2014 -191 -SW F CITyWDE INTERIOR AND EXMRIOR PAINTING AND WATERPROOFING I Dear Mike Goodwin: The AgreemeTit betiveen the City of Miami Beach (the -ciy) and Hartzell Painting contractors (-Contractor), pursuant to ITB No. 2014 -191 -SW for citywide interior and exterior painting and waterproofing (the "Agreemenr), expires an 21, 2017. This latter serves as notificatio Octobern one 11J)JE-w renewal of the Agreement through October 21, 20% �'M,; L!; =*:, e CitTj seeks concurrence from the Contractor to ramw the Agreement at the same ZMNA terms, conditions, and pricing as set forh pursuant ffMe a!Wv -i Please indicate your acceptance of the aforementioned renewal by executing below as indicated. Should you have anyquestions or need additional information please contact Febe Perez at 305-673-7490 or V Page 93 of 612 Jill�T 300F �MTII TrrLE: For Citywide Interior and Exterior Painting and Waterproofing CONTRACT NO.: M 2014-191 -SW EFFECTNE DATE(S): This Contract shall remain in effect f6r ftes (3) years from date Of Contract execution by the Mayor and City Clark, and rray be renewed, at ft sole discretion of the CAY, ftugh We CAty Manager. for two (2) additional one ti) r: it SUPERSEDES! --AIA CONTRACTOR(S): HartzWl PaInIng Gontractaf-s A. AUTHOR - Upon affirrriative action taken by the Mayor and C4ty Commission of ft City of Miami Beach, Florida, on September 10, 2014 for OpProvel to awhrd a contract. upon execution between the City of Kfaml Beach, Morlds, and Contractor. 6. 5IFFECT - This = CD ct Is entered Into to provide for CftyvAde Irderior and Exterior ofing ursuant to City InvRation to Bid Nod . 2014 -191 -SW anany Pai—Inting -and to p addenda thereto (theand contractor's bid In response thereto (this Contract, the rM, and Contracbr's bid fn m3ponse thereto rmay hereinafter collectively be referred to as the "Conbract Documentsu). C. ORNRINO INSTRUCTIONS - AJI blanket purchase orders shall be Issued In accordance with the City of Miami Beach Procurement Department policies and procedures, art the prices indicated, excluelve of all Federal, State and local taxw AJI blanket purchase ardem shall show the City of Miami Beach ContrarA Number 2014-191 - SW. DR, PEMQBMffiQ9. - City of Miami Beach departments shall report any flallure of Contractoes perfomence (or failure to perform) according to the requiremer" of the Contract Documents to City of Miami Beach, Anthony KanlemM, Property Management Diredor at 305-673-IODO ext. 2914. E§UB8-WE.jQE9jIFLW Gontractor shall file insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed In the State of Ftorkb, and approved by the Cky of Miami Bosch Risk ManW, pdor to delfWry of suppW and/or commencement of any services/work by Contractor. F. ASSIGNWNT AND PP-RFP_RM6NCU - Neither this Contract nor any interest herein jh—arbe asilg—rijid, jri�d. or encumbered by Contractor without the prior written consent of the City, In addition, Contractor shall not subcontract delivery of supplies, or any portion of work aWbt services required by the Contract Dooumenils without the prior written consent of the City. Page 94 of 612 N. APPLICABLE LA VENUE - This Contract andlar the CordraCt Documents shall Df of ! r a�� ra pact to the erftromerd party VO Ms of Fz..■ . nodds. ■ City ■eWrOssly wows any eights entering into this Contract, contractor either party may have to Wal by jury of ffny clW1 IMptlon. related to, or afftllng out of the Covitract andfor the ContracADocuments. bind all subcontmctors to the provisions of this contmet ■i the Contract D ■ i:. 0. AMENDMEWS - No mod1flimfion, amendment, or efteration In the tam or conditions owtahed herein, or in the Contract D=Ments, shall be ~ive unless contalrAw in H written document prepared r4th the same or similar foimalb as this COrftct and executed by the City and ContraoWn P. This Contract shag not be effeeUve urdil all bonds and insurance(s) recidrad under the Contract Documents h8VO been submitted to, and approved by, the Clys RJqk Manager. 0. The ITB and Contractor's bid In response UleretD. are attached to this Contract and are hereby adopted by vmid Incorporated herein as V fully set forthc Contract, Ac=dhVIY, Corftclor agrees to abWe by and be bound by any and all of the documents incorporated by the Contract Documents. Where them is a wrifilct between any prnvAsion set fbrth wIthin (1) INs Contract (k) the ITB, and for (lH) Conkacws bid In response ftret% the mom sWngent proMalon (as enforoed by the City) shall prvail. Page 95 of 612 CettifigoOnN a _ : o:, a - ,notice f•� i re :,� ;r, prepaid, at lu• ! x _ so ion. For �e present the, parties designate the in the manner pr cl� 11n s so following: Mi, 1.. .ai- a,. regi z. 1 m m 1 *WAAVEContractor ,; th8t SUM provisionImportant to the formation of this Contract and, therefore, Is a material term h9recf. City's failure to enforce any Contract Documents .Y- waiver i r ,•. "�k + i s i provision .i l _- 4 1, deemed M subsequent k ai shall not be cormVued to be a modificaftn of the terms of this Contract. - in the event a portion of this ContractdR • cuments found by a of competent continue + be effectIve unless CIty or ContracbDrna. is terminate this Contract - election to iermhate this Contract based uipon this preMalon shall be made wMilin s (7) days after the finding by ft court b000mas final. Page 96 of 612 Page 97 of 612 Boca Raton & Broward County (954) 421-5733 I 'PUMMIL611M, =', t ' i FAX (561 Y732-0786 19 posal is for sand -blasting, wrapping with fibergla Pgss cloth and reskL The work described in this pro , liriminand painiing the shade columns at Oceanfront Park. rotect the surrounding areas, %Ip .istkm le rust. ey _coatkKk%_ind_s_c8 salt remover appi led for the entire blast. IiRemove all media and plastic and dispose of properly. Qi _lL*1jbL-*nRsMjre cleaned after blasting work is COMDt� A�pply fiberglass cloth and ISO Resin to entire outide the steel covered to a smooth appearance (note: some stippling may occur). LMM-'�-tf'. Universal primer to the poles. ,Caulk the base of each pole with Urethane Sealant. &, ds Aatic Acrylic Polyurethane to the poles ir. ��ms Hi-Sollllph the colors chosen by the management. Only the areas and su aces Ii ed will be painted. See page two for detail. Contract price does not include rotted wood, concrete or stucco repairs.Iy of America. I if -List 1 MAU'Lt'', Colors: * Colors must be Chosen prior to scheduling the work. Changes from the original approved Colors will have an additional charge. * Colors that do not cover well in one finish coal due to color change will have an additional charge for applying a second finish coat. Warranty: Gustafson Industries agrees to service newly painted surfaces for one year at no cost to the owner should chipping, flaking, or peeling of the paint material occur as a ,it of workmanstfiggl2glication only. Recurring mildew, adhesion failure of previous paint coatings, . . . . . . . substrate failure, damage caused by water leaks, or damage by storm or hurricane is not Covered under this warranty. payment:E20%:d:u:eu:pon:a:=�ptan(* of �Ihewnlmcl �IVA 1�,awon 112 �comlelon. �Ilalanoe due Estimator: Greg Call, Gustafson Indushies ate: 3/911 B Authorized Initials: Page 98 of 612 Mootz, Gall From* Sent: To: .,wrank cooney V Monday, March 05, 2018 956 AM Mootz, Gail Sail Poles Frank Cooney Sales Representative R.n j-bjy&jg tv y fw,F,.r ?,,*jv&cb&Widdler Roof Cleaning 630 Industrial Ave. Suite 1 Boynton Beach, Florida 33426 RCI paiDting: (561) 737-3566 Fiddler Roof Cleaning. (561) 737-3560 Direct: (561) 430-0920 Fax: (561) 737-3561 Relpainting.com Fiddlerroofeleaning.COM Page 100 of 612 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180935 BOYNTON BEACH, FLORIDA 33425-0310 DATE.* 04/30/18 SHIP TO: TO: MAYER ELECTRIC SUPPLY CO, INC City of Boynton Beach 6101 EAST ADAMO DR. EAST UTILITY ADMIN TAMPA, FL 33619 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 II EQUSMON NO. 70817 II ORDER DUIARTMENT: WW LS CHIEF ELEC KE/CB DATE NEEDED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 6.00 KA NEMA 4-4X ELECTRICAL ENCLOSURE 2959.2400 NOTE: They have added a metal printocket and painted staiAlospIouver:>:Dlates if needed with< th-b PROCLMEMENT SERVICES: ENEMW EXTENDED COST 17755.44 Nuffimsm Page 101 of 612 11 0 Ln E-4 >4 z U F4 Ea EQ w 0 V) Fl E�U N m CU pa r2l 0 ril E-1 E-1 P u H LO La w mo E+ 0 W W F 0 H V4 �4 CY 0 Ln z 0 P4 E4 E4 04H H 049 1 X.. E4 H 0 E+ E4 Z C7 G7 04U W CY DQ 14 w rn E4 to FA U H0 0 N Ey 9 ED P4 M m m im M z H U pq N p N Fa DQ H H L) Ej Dq s� Rid m 0 z 0 p 0 H �4 0 1- W 14 13q g4 H Lel m z Ix EQ H M Fq z Ln ifl Ln Ln 0 61 Ln 0) cli ul Ot O pq Irl I FO, I I I 0 a B, >i rT4 P z pq P{ 9 Q z H En F -I 8 E. H LO H 8 14 M 9 I m H r4 Q 0 NF ■ F4 0 HO W 0 tD . .— �-i E� 0 MOO t-00 Eq FA -I"W OwH :Em S&C,4 H Q W C" 0 n W 0 0 w P�w r-4 z ZM z R RS 0 D H rq R W 54- z H 44 4J4J W �fXO U 0 04 1-4 (1) a) WJU�H r -IH H P4 FA E-4 rA w 4-) w �O 14 H 0 H E-4 14 p Wb m M 0 D4 im Page 102 of 612 -Requesting Department: Util-Wastewater Lift Sta Contact Person: Keith Ellis ,Explanation for Purcchase: Recommended Vendor Mayer Electric Supply Dollar Amount of Purchase $17,755.44 Source for Purchase (check and attach backup materials): Three Written Quotations KJ GSA State Contract PRIDEMESPECT L --j SNAPS Sole Source r -----i L --j P iggy-Back Budgeted Item Emergency Purchase r ----- - I Other r -------- I Contract Number: NOTE: Priming proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2816-536-5275 Form Revised 02/01/02 Page 103 of 612 REQUEST FOR REQUISITION REASON FOR PURCHASE: ----------- ELECTRICAL CONTROL CABINETS FOR LIFT STATION -------- — ----- - -- -- -------- VENDOR INFORMATION- DIVISION: OTHER INFORMATION: 14—em� Mayer Electric Supply DaW, 04/18/18 ASAP (X) Address: 6101 East Adarno Dr. Engineering — -------------- - Date Needed: 05/02/2018 ate Confirm. Tampa, FL 33619 Cult. Rel. ASAP/Conf. Distribution BACKUP DOCS. DELIVERY: SUBMI'77ED: Phone (contact): Samuel Bermudez Jr Water ual. Quotes/Verbal E. Admin. 40 V - - _(over $500 — Phone: 813-620-4114 - - -------- Pumping (X) Quotes/Written (X E. Vv7P 41 Fax: 813-628-4578 Vendor Number 17075 P rent. Bid Docs. W. WTP 42 ----------- Meter Sere. Sole Source Lir, Pi U 99 Ellis, Sewage Insurance Special Instructions., gINITIATOR: =Ufll-Wastewater I-Iftstations - R I — ----- 7Kefth APPROVED: --------- -- Strmwtr. Strmwtr_ Project Number: Page 104 of 612 Udlifies Deparbnent Phone742-6400 % +: FAX. (561742-6298 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 105 of 612 Blue, Camille From: Samuel Bermudez 101007 <SBermudez@mayerelectric.com> Sent: Tuesday, April 17, 2018 9:22 AM To: Blue, Camille Cc: Hart, James; Ellis, Keith; Russ Williams - 102729 Subject: RE: Quote Clarification Attachments: R560352B_MAYE R01-3993974_PDF.PDF w r V t undated cha nee- 9--asTeQueste2 at cb%l ;L M Mr. I I fl Wo ur First Choice! sam4we &mod, pL Mayer Eledric Supply 1-813-628-4578 Tampa, FIL 33619 a SQUARE From: Blue, Camille <BlueC@bbfl.us> Sent: Tuesday, April 17, 2018 9:06 AM To: Samuel Bermudez 101007 <SBermudez@mayerelectric.com> Cc: Hart, James <hart@bbfl.us>; Ellis, Keith <ellisk@bbfl.us>; Blue, Camille <BlueC@bbfl.us> Subject: Quote Clarification Importance: High to 11111 =11l1111 =1111511111 lq111111M1111 Page 106 of 612 ,uGte isAZ695.60 and the second ,�uote, the unit price is $2,959.24. Are the parts the same? Thank you in advance. Camille Blue AOA ` !'� Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 0 561-742-6414 NO .az BlueC@bbfl.us Iahg/ Q4 http://www.boynto-bec.or n ect t1t disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Blue, Camille Sent: Monday, April 16,2018 3:12 PM To:'Samuel Bermudez 101007'<SBermudez@mayerelectric.com> X-aV,A Jame; bbfl.us2U!i_k!L<_q1hsk@Wbbfl.us>; Blue, Camille <BlueC0bbfl.us> Subject: RE, Message from UT -EAST -PLT Importance: High T -M I am Camille with the City of Boynton Beach. I am assisting Keith Ellis. Could you please provide—a 1176 -Tor your coFT177M Please see the attached blank W-9. I 1Wr, 14 14 From: Samuel Bermudez 101007 [mailto:SBerrnuclez Wmayerelectric-COM] Sent: Thursday, March 29, 2018 8:40 AM To: Ellis, Keith <ellisk Dbbfl.us> Cc: Blue, Camille <BlueC@bbfl.uS>; Baca, Fabio <bacaf(&bbfl.us>; Hart, James <hgrL@bbfl.us>; Urena, Ricardo <UrenaR@ Lbfl.us> Subject: RE: Message from UT -EAST -PLT KXFMWA��MWW& f& fr r1ka-r t. 'c go r ote No.: 00080 Agency Location: Florida Agency: City of Boynton Beach Page 107 of 612 * . 1 0 4 1 0 0 4 0 Call Mayer ... we're working to be your First Choice! From: Ellis, Keith <eIlls kObbflus> Sent: Tuesday, March 27, 2018 9:14 AM To: Samuel Bermudez 101007 <SBermudez maverelectric.com> Cc: Blue, Camille <BlueC@bbfl. s>; Baca, Fabio <bacaf@bbfl.us>; Hart, James <hart@bbfl,us>; Urena, Ricardo <Uren > Subject: FW: Message from UT -EAST -PLT 2�= . 1111ii1f:: 11 11111111 TIMM -7.7 From: Bizhub Sent: Tuesday, March 27, 2018 9:12 AM To: Ellis, Keith Subject: Message from UT -EAST -PLT Keith Ellis Chief Electrician Boynton Beach Utilities City of Boynton each 124 E. Woolbright Rd. J Boynton Beach, Florida 33435 561-742-6421 3 Page 108 of 612 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. *'CONFIDENTIAL[TY NOTICE: This message (including any attachments) contains information that may be confidential. unless you are the intended recipient (or authorized to receive for the intended recipient), you may not read, print, 4 T distribute or disclose to anyone the message or any information containedmessage. if you have received the message in error, please advise the sender by reply e-mail, and destroy a.. copies 6 (including any attachments). Page 109 of 612 To, Ship To: STATE OF FLOFUDA City of BoynbDn Beach Job: Customer Contact- K FLUS Project Name: Mayer Conta&. Bermudez, Samud QUOTE VOID AFTER. 05/13/18 PIPE MD WIRE QUOTE VOID AMR: 04/14/18 Line 2nd Item 256 Long Type Quantity Unit Pricing Bftrvded Number Number Description Price UOM Price ................ 1.000 CnY OF BOYNT 0 N B EACH 6$ 2,459.24 17,7 SSIL14 City of Boynton Brach Nerria 44X 133ecuiral EnclosociNOTE -Ibey)wre added a metal print packer, and painted stainless louver plates if needed with Vie option in install an the bottom for ventilation. with lockable handic 'TERMS MD CDNDMONS GOVERNDNG M -HS QUOTE ARE AVAJIABLE ONLINE AT WWW.K4YIKMODN OR UPON REQU Page: 1 03 Page 110 of 612x Wholesale - DistribuWrs of Electrical SuppAes, UgWng, Factory Automation, Tb* & CommuIcOws - Since 1930 tYZMAYER OLICTRIC 091'PLV Mayer - Tampa 6101 East Adamo DrW Tampa FL 33619 Branch: 813-62D-4114 Rx 813-6B-408 Vkr *- CTACnn I .- 17FI170-�71, M, Une 2nd Item 256 Long Number Number DesdpUon FWW TOMS; FW Shipping Point Freight Prepid Asid Allowak fraiSM Pmpmid And ChsqgrAe Contact: Bermudez, Samuel Jr. Email: sberrnudez@mayerelectric.com Phone: 813-620-4114 10107 Quote #: 636957 Quotation Created Date: January 19 of 2018 01/19/18 Type Quanft Unit Pricing prim UOM $ EA Quo=bn Toftd.- RSwe Pansbolu&d: I EA, .... .. .. .. .. .. .. .. .. .. . ..... ........ 17,755.44 Date: Mayer 'c5l Co. lnc Wholesale - Distributors of Electrical Supplies, Lighting, FacbDry Automation, Tools & CDmnwnications - Since 193T MMAYER Ek11VTR$C SUPPLY Mayer - Tampa Branch., 813-620-4114 Fax: 813-628-4578 Br #: 500500 VWt Lis Ordine at., www.rnoyereAwWc.com Quote #.- 636957 P 474 1=4 TERMS AND CONDITIONS GOVERNING TMS QUOTE ARE AVAILABLE ONLINE AT WWW.MAYiRELECM1C.CO14 OR UPON REQU BY A;CCEP`nNG THIS QUOTE, YOU AGREE AND UNDERSTAND THE TERMS MD CDNDMONS GOVERNING THIS QUOTE. QUOTEETUM DOES NOT' INCLUDE APPLICABLE TAXES. SUa)ECT To atEDIT APPROVAL To the extent the Buy Amefican Ad, Trade Agreements Act or other domestic prekrence requlmments are applicable to this Contrac� the country of origin of Produds Is unknown unless otherwise specifically shited by Cusrner in this Contract. The cusimmer warrants that 1�here are no gwmTimental contracting requirements or regulatiom that apply to this banoMon (1Av,udlk,,r ,%'AeLt kv.5e4vt exy �=,n 11--fil;d ii, F.=Vant, lzrz:l it ly Seller In writing prior to Seller agreeing to ttk barkukton. Page 112 of 612 36 INCH WIDE .. 1:. r.... IT SHALL ,;THE PANEL rrSELF SHALL BE ENCLOSURE FOLLOWING IT SliALL BE TYPE 304, 14 GAUGE STAINLESS STEEL ENCLOSUREr GAUGE ALUMINUM PAINTED DEAD,FRONT INNER DOOR FOR MOUNTING LOCAL OPERATOR CONTROLS. ALL EXTERIOR 14ARDWARE AND HINGES SHALL BE STAINLESS STEEL A !. SHIELD SHALL RUN THE WIRE WIDTH PERMANENT CONTINUOUS POURED SEAL SHALL BE PROVIDED BETWEEN THE DRIP SHIELD AND THE ENCLOSURE WHERE THE DRIP SHIELD CONNECTS To THE OUTER DOOR. b. A 14 GAUCE PAINTED STEEL SUB—PANEL SHALL BE PROVIDED M MOUNT ALL ELECTRICAL CONTROL DEVIC A 10 GAUGE PAINTED DEAD FRONT CONTINUOUSLY HINGED OPERATOR PANEL WILL BE PROVIDED TO ISO THE OPERATOR FROM ALL LIVE CIRCUITS AND BE SECURED 13Y TURN HANDLES SO THAT NO TOOLS 1 ►, r, THE ENCLOSURE1 INCLUDE A VENTED USED AS A VAPORIAR ., THE BASE SHALL BE MANUFACTURED FROM 10 GUAGE STAINLESS STEEL AND HAVE Two FOUR -LOUVERED STAINLESS STELL SCREENED VEWS FOR EXHAUSTING SEWER GASSES AND A GASKETED FRONT ACCESS DOOR WITH HANDLES. THE FRONT i. DOOR SHALL :: MOUNTEDr STAINLESS STEEL HARDWARE THE OUTER DOOR SHALL HAVE A 9 INCH WELD - ALUMINUM TACK TO DOORf. A HYDRAULIC SHOCK SHALL HOLD BOTH THE INNER DOOR IN AN OPEN AND CLOSED PosrnoN, THESEMUST BE SUFnCIENTLY RIGID AND SECURE To HOLD DOORS OPEN UNDER WINDY WEATHER CONDITIONS.THE ENCLOSURE SHALL HAVE BONDING PROVISION ON DOOR AND GROUNDING STUD ON BODY.. ENCLOSUREh. TAE a •, ► r AND GROUND ►..! L LOCK SHALL BE 1/4 TURN AND DOOR OPENING SHALL BE loodeg, THE OPENING SHALL HAVE A CURLED LIP AROUND ALL SIDES TO PREVENT WATER FROM ENTERING THE ENCLOSURE WHEN THE DOOR Ok. THE INNER DOOR CUTOUTS AND DIMENSIONS SHALL BE AS SHOWN ON DRAWINGS, PENS. i CRITERIA, DWG SIFTSTATION ENCLOSURE �� 2 PACr Mo. DOOR/DEADFRONT GENERAL ARRANGEMENT 2 14 Page 113 of 612 Page 114 of 612 '° Page 115 of 612 http;//www.demandstar.r.omkommon/pages/quotes/quote Dowlo do . p PU—/2 /2/2014 No ad— o as ... 13 Fc Page 116 of 612� 4 a I a FSM, Page 117 of 612 Page 118 of 612 *Only pfinfils WM sides MV of mown are double t Aw FIRNM iftel type16, add suft V to the =Wcg number go. 54191612066), brushed cialruan1, aye the 5612 MSS &bass on ft praceftV pap Page 119 of 612 1. 3 f it 1 ! t-- r4.f P5412 SEEP242012 24 n 12 a Is as4412 NSP242419 24 24 12 22 22 TO5412 WSP1302412 301 24 12. 28 22 095412 06MMU12 so so 12 20 go Ila6419 rASPW2412 N 24 12 -34 22 ID7 *Only pfinfils WM sides MV of mown are double t Aw FIRNM iftel type16, add suft V to the =Wcg number go. 54191612066), brushed cialruan1, aye the 5612 MSS &bass on ft praceftV pap Page 119 of 612 1. it 1 ! t-- j f *Only pfinfils WM sides MV of mown are double t Aw FIRNM iftel type16, add suft V to the =Wcg number go. 54191612066), brushed cialruan1, aye the 5612 MSS &bass on ft praceftV pap Page 119 of 612 go � g 2A to n i m # ■ in # # k m # is 2 # k # & a 2 is Page 120 of 612 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identilicallon number (or I am waiting for a number to be issued to me); and E-. I am not subject to backup withholding because: Ja) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the I RS has notified me that I am no longer subject to backup withholding; and C_ I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA coda(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. LIMG 1:'aA t1ra IYS ftat you am currentIv subject to backup withholding because u-8 General lnstru�ctlons Section references are to the Internal Revenue Cade unless otherwise noted. .-:uture dievelopments. For the latest information about developmentsM 'miated to Form W-9 and its instructions, such as legislation enacted E Ifter they were published, go to wwwJra,1 aY1FbrmVV9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number Individual taxpayer identification number (ITIN). adoption v numbi amount reportable on an information return. Examples of information retums Include, but are not limited to, the following. * Form 1099 -INT (interest earned or paid) Daftl04/16/2018 * Form 1099 -DIV (dividends, including those from stocks or mutual funds) proceeds) a Form 1099-13 (slack or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1 099-A (acquisition or abandonment of secured property) Use Form W-9 only if you art a U.S. person (including a resident alien), to provide your correct TIN. it you do not return Form W-9 to the requester With a 77N, you might be subject to backpio wiftolding. See What is backup withholding, later. Cat No, 10231X Form W-9 (Rev.. 11-2017) Page 121 of 612 Blue, Camille From: Murray, Tom <tmurray@cedftlaud.com> Sent: Tuesday, April 17, 2018 10-42 AM To: Blue, Camille Subject- RE: Quote Clarification: CED (Austin Electrical Enclosures) Tom Murray Manager From: Blue, Camille [mailto:BlueC@bbfl.us] Sent: Tuesday, April 17, 2018 10 ,20 AM To: Murray, Tom Subject: RE: Quote Clarification: CED (Austin Electrical Enclosure6, ENTI. "I, Camille Blue d "i UKT w wa *,-A F Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. 561-742-6414 BlueC@)bbfl.us http://www.boynton-beach.org/ ITJ rd _RTA rm, 7 17, I Page 122 of 612 disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Murray, Tom [mailto:tmurray@cedftlaud.com] Sent: Tuesday, April 17, 2018 10.18 AM To: Blue, Camille <BlueC@bbfl.us> I Tom Murray Manager - frft Ca ED cardou"Tw RUCTOX-ft Ow"WRIPM Om From: Blue, Camille (mai -Ito: BlueC(&bbus] Sent: Tuesday, April 17, 2018 10:i1! 7 AM To: Murray, Tom Cc: Blue, Camille importance: High re =-4 0 1 r-riammy � M111, Page 123 of 612 Camille Blue Administrative Associate Boynton each Utilities City of Boynton each 124 E. Woolbright Rd. I. Boynton each, Florida 33435 561-742-6414 BlueC@bbfl.us http://www.boynton-beach.org/ 4 W records law and all correspondence to me via email may be sutftrWi disclosure.Under Florida records law,.email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Page 124 of 612 CED t1J II57 NE 7rH AVENUE FORT LAUDERDALE FL 33334 USA M� LN QTy ppj=CT CODIM 01 6 JMT -6036166 004 02 6 AST As-6036TP WiMum DESCRIPTION PRICE PER EXT AM SS ENCL 3795.73 E 22174.38 BMK PANEL 141.64 E 949.84 Ed, 10,112, 7 -) ce 0% Ll Isers/ellisk/AppData/Local/Microsoft/Windows/Temporary%20intemeto/o2OFile.. Paq)�dNjckf 612 Ctrl] Enclosures ivilles SIC. 27055 FTLAUDERIDA�E User:fiUtentlon: TOM MURRAY — End DEPARTMENTJob Name: BOYNTON BEACH UTILITIES 3 January a 2018 Quote a 69080 ordering.please reference this quote number Agency Contact: LINDSAY AB.6036TP •' X 33 CARBON Exceptions: 1) All products to be Austin Enclosures design and construction. 2) Upon request Austin Enclosures will submit approval drawings once being Issued a HOLD FOR RELEASE order. An engineering fee may be chargsa If the order Is cancelled. Fee will be a percentage of order total depending on of product. Enclosures3) Austin provide enclosuresd panels with modifications specified enclosures applications In the field. k k u 1 i ♦Wagoner. Productwiii ship EIGHT OR NINE weeks after order val. uniessoMerMse specified. 3) This shipping cycle does not Include the time necessary for kreturnof approval drawings,C 4) THs quotation Is good for 30 days from date Issued. Terms: 1. Freight allowed k ,11 k commonc: ,- �. continental United States excluding Alaska & Howall. 2. Payment terms are net 311 days fromdate. 3. Standard Austin Enclosures terms and conditions apply. Yadkiniville, NC Quotation By: Jeff Wagoner (Custom Products Specialist) phone: 1-800-2W2851 '1 •i jeff@ausfln&-dogures.com Page 126 of 612 Blue, Camille From: PERSAUD Steve < steve. persau d@wo rid electricsu pp ly-com > Sent: Tuesday, April 17, 2018 10:48 AM To: Blue, Camille Subject: Re: Quote Clarification: World Electric Supply I am Camille with the City of Boynton Beach. I am assisting Keith Ellis. We received a quote from you, vef,dr1hrig arm5rl attached your quote. Could you please verify if your quote is good for the unit price of $4,200.00? Thank you in advance. Camille Blue Administrative Associate Boynton each Utilities City of Boynton each 124 E. woolbright Rd. Boynton each, Florida 33435 561-742-6414 BlueC@bbfl.us I http://www.boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject t( disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. The information contained in this e-mail is intended only for the confidential use of the above named recipleriL nffi�� the int thikw by return e-mau ana cleiete this communication. Thank you. P-Juirgaiinent before orinting this email. Page 127 of 612 tor: Hart, Jim organization: city ot Boynton Beach Logout My DemandStar Buyers Account Info Viewillids Loi;Quote [Viewauates, suppliersearch Build Broadcast L151, Quote Number 00080 Quote Name Name 4-4X Electrical Enclosures Date Due 111112018 1:00:00 PM Eastern Delivery Requirements None specified Response Submitted By World Electric Supply Preparer Steve Persaud 6780 White Drive west Palm Beach FL 33407 United States of America Ph: 5618428228 Fax:5618428252 Email: steve.persaud@worldelectricsupply-corn Addonal Supplier Information Delivery Details 180 Days After Receipt of order (ARO) Additional Details None Buyer Information specifications None Insurance &Additional None Requirements Tanns & Conditions None EEEEI EEEI DemndStar Is a productof Onvia. inc. (c) 1997-2018. All rights reserved. Tgrmsof tlse , Privacy 1 Legal Notices 8 - ;Njq( A.-mwneirtsir r. nm1blilver/allotes/ouote Tsun1)1ierDetai1.asD?ciri--9 18734&cii-- I Paqpjj612 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180936 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/30/18 FORINEWIFFIF, ml SHIP TO: TO: PRINTING CORP. OF THE AMERICAS City of Boynton Beach 620 SW 12TH AVENUE EAST UTILITY ADMIN POMPANO BEACH, FL 33069 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 41000.00 EA ALL EQUIP, OR, TOOLS HARDWARE -1464 6002.40 & MATERIAL & MATERIAL TO PROVIDE PROOFS, DELIVER PROOF A14D.. PRESS RUN 0 FINISHING. A. PER CIFTONis:. SPE .. .... .. .. ..... .dAft 2 38SO0.00 EA ALL. EQUIP.`LABORj-: TOOLS 0160 616.00 Fok"MA'I'LlING SERVICES FOR. PREPARING...:....'..:.:'. P APR. PR 38 5000 EACH YOR "RAILING. (THIS BASED ON.::VAILD .ADDRESS.):: AS PER' SPECS:........ 3 7585.00 DL LUMP SUM.FORPOSTAGE; BULK l 1:60.00 7585„00 : m.. ILING SERVICES —UTILIZING VENDOR'S::::: BULK :RATE .PERMIT FOR APPROX. 3-8 i 500 EACH „2617 .;WATER QUALITY REPORTS AS:. PER tcs. 4 1.00 DLD L ;IVR REMAINING :1500 EACH 112017 ,0,0 0:1 00 :WATER QUALITY- REP61,1TS " TO THE CITY(THIS MAY VARY BASED ON VALID ADkt§SES) AS PER MtS. REMARK S PRINTING &::AILING SERVICt$, INCLUDING POSTAGE FOR 8 PAGE 2017 WATER.UALITYRSPORT . ...... ........ If PROCMECM UFiENT SEFMffi TOTAL.-_: 1.4203.40 ---------------------------------- - --------------------------- ACCOUNT NO. PROJECT 401-2819-536.47-10 Page 129 of 612 awamw co OD H 1-1 kD Ln ura H a � E �a a A q P PC ?+ C H 0 Ix rp®�ay W y@y Q V Ea H Po W Wz w H p O u N4 ya N W FM O H W pW� p0 Ea EI rq a.� 4§J H ✓yVy H Pi z O M H a 0 H Q H R/ a Ix H N 1 IX IX/ � H E Ea Pa 0 H H a Z W M Ea R F W W 14 Q W u' p to DQ C4 a 01% EQ O 0 O a O tlp 0 O Q c O aD Ln LV H d 0 � H kc O H 4� O 0 [r d H E� �ByW V H H yyyy �N W W N W 1% .W 0 C) � p Ln H ® 0 co a Ln Ln C) O 0 H pOm H„} HO DQ rig tj d a iSC U CYd W pa W R: R J] W W U FP+Q U 134 pi W�P: CJ Fl m Ea U III WW 4 r WW Ea0a WW WW H cars so ul[aj H W ca >a [a l W 042 Z 9 Pa X P: N W c` Pa W WWK� �a WH >4W H >4w H >+�4 R H �H NU 0W>4 HU 0 ESU H P4H ,4 W QWH u QW U Wo -a UU UU OH wQ ESQ P4 dt M Q <m M Q 04 z 04 H H 19 H � �; Pi H W • H Ono 00 OmwWUaR WWF €.70 LASaW0CJ E'H FWE-4Piz7 ' riHP' >H HH U—MHH OHH H Ea Ea E�-r- HEa OU�HE+ ONFq •HH O HH Odp HH HWWHH WAIW WWHPAWW 04MN W N C4 P4 HZP4N M Mil W e NPa HH Pe 04 H a� .... 0> .. •. Ogc .. ,• H9+Q ?°aQ G U sQ WF �Hm HH HHF H.4r4 -H H — U]Hlg �DWWHMX Hownz H Q UiWQ OrA C OO NWOO caN� •00 WE+U)0 WE+W H U W W u HOU] C.F >NM U cau W MPS NoLnU NOW .-7 WWC� �iU�CQRO H -WO aO [rCn rx Q14Q a�mcra Urn 004 r1 F W t- o Ho O 0 0 0 V13 9 0 V O N a® ®n "I N H CD a W L LD r- 0 0 a 0 0 0 00 0 0 H H H H air N.", t _ 9m W z H 9 Page 130 of 612 co 00 ko Ln w Ul 04 �H z M H w ul 0 04 w Zai NVI E4 SS rl W u Cw � I I W HH I H H ilx h° 14 H I d to pW CD H 0e I a I IV N I 0 H P4E� I N 042 H I H 0+ lw E I w `BCH 04 H I C� w Ri I I (x1 Gx7 I P U1 P!] I � w I U E4 0I E+ I I I I I I I I H � I I I >4 1 Ea I H 1 w . I � 1 1 I 1 1 � I I 1 I 1 Im 0 zI H m I z Eo H I QI H 04 I p p to H I CfJ 1 €d Q vl I E+ W I I t%1 4 I I 1 Page 131 of 612 Date: 16 -Apr -18 Requesting Department: Utilites-Water Quality Contact Person: Joe Paterniti 'Explanation for Purchase: Printing and Mailing Services, including postage for 8 page 2017 City of Boynton Beach Water Quality Report. �Dollar Amount of Purchase $14,203.40 Three Written Quotations LXLj GSA State Contract PRIDE/RESPECT SNAPS Sole Source r I L Piggy -Back --j Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal fbr purchase must be presented in the same detail contained within the contract. IFund Source for Purchase: 401-2819-536-47-10 Purchasing Agent City Manager Form ReAsed 02101102 Date Page 132 of 612 REQUEST FOR REQUISITION NT"04/1612018 H.T.& REQUISITION## 71126 Clerk: MR Procurement Assl: N IMM PRiNTING CORP. CFP TRE d, AMERICAS Address: 620 SW 121h Ave Engineering Pompano Beach, FIL 33069 Distribution HIlk QN1115z' 1119114" Phone (contact). 954-781-8421 Water Qual. X Pumping Vendor Number: 12407 PWTreat. INITIATOR: Joe Paterniti, Interim Sewage Insurance Utilities Director Requirements: APPROVED: StrmiAdr Description & Part Number t, Page 133 of 612 The City of BoyntonBeach ,z e F ! f Phone t FAX.- (561742-6298 ( 4 * 4' ,`. A PRINTING ILI SERVICES, INCLUDING POST PAGE 2017 FOR THE CITY OF BOYNTONT U LITY REPORT. VENDOR #3 Tribune Direct CONTACT PERSON: Peggy Regmi PHONE NUMBER: 954-425-1312 7634.88 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 134 of 612 s' o' I%C) M QUOTE FOR 2017 WATER QUALITY REPORT PRINTING AND MAILING SERVICES i !4 � �! - R #` f I► i i� A ► ► ► k- it � 70 R i Services. I are Miffe--Z R F:_ �! � `^'Iii y' - '�♦ ! !! y !• I - 1 -!t ! Please place on the blank t o each item if x specification s exception is taken (alternatives), you must explain using a separate sheet of paper. The responder submitR i * y quote order for quote } be considered. I Eieeae notes: Delivery dates are of the utmost importance. If your company cannot meet the scheduledt bid. In addition, the Cityi the tight timeliner n f the quote It . GENERAL SPECIFICATIONS: Ll**" Flat size: 11" tall x 17" vvide R'! .e rt. pages, including front and . COVER AND INSIDE 100# white coated f a (silk, satin, velvet, etc.) INK: COVER Page 135 of 612 satinaz 4/4 Process + II bleed MEUE26M Process i sided), full bleed 1 0* Within days hours) after receipt electronic from City, printer delivered to City Hall, a hard copy laser proof including crop marks and wait for C' approval of proof return o printer Prior to delivery r City Hall, printer must send an electronic proof to designer via a online transfer system PRESS RUN: Printer guarantees a minimum of #0i'printed copies Final printing and mailing must be completed no more than fourteen (14) days after .Yoof approval bv Director of Public Communications and Marketing V Printer must trim, score, fbld, collate,- each Water Quality Report addresses)MAI LING SERVICES: City to provide Excel spreadsheet of addresses (this may vary based on valid Printer to sortd♦ not meet', anit' S certified V/ 2's ` rinter must imprint names/addresses an Water Quality Report (no labels) V, - Printer must sort re corts to [juarantee the most cost-effective method and time-eloWihu mailing of reports for lowest postage rates and best schedule; carrier -route or walk ► - MAILI Printer must utilize their bulk - permit Itl a e IE COSTS g2HEDULE=jENj6jM Page 136 of 612 Page 137 of 612 DESCRIPTION C —TOTAL PRICE PRICE All equipment, labor, tooFs---- hardware & materials to provide= proofs, deliver proof and press run, including finishing as per siwifications M All equipment, labor, tools, t e & materials for mailing services for preparing approx. — 38,600 each "2017 Water Quality Reports" for mailing (this may vary based on valid addresses.) as pe -speca. LUMPSUM LUMP SUM Page 137 of 612 2018: d - ♦ of addresses to printer May 7, 20 +: Printer must complete sorting of addresses ta guarantee most~ method and time-efliective mailing of Water Quality Reports May 7, i -r must notify city of estimate postage costs May 7, 2018: Gdy ovemights check (made for postage costs May 8, 20deliver checkd- out 'opostage e 41 0OWN�`: I ♦ :� - �• ria a �e r r. K fl • TENJ6TIVE May #' ME - WYE. W ep laser proof to City of Boynton Beach, 100 E. Boynton Beach Blvd.; Attn, Eleanor Krusell P 1 `>I` TENTATIVE i 11 distributionto US Post Office, 3200 Summit Blvd, West Palm Beach, FL 33416, fbr DELIVERY F REMAINING wATER QUALITY T THIS PAGE TO BE SUBMITTED WITH QUOTE 1 Page 138 of 612 telt►1 IA6 postage for the 8 page 2017 City of Boynton Beach Water Quality Report. For reference, the past two Water Quality Reports may be viewed on-line at httDS://issuu.com/citvofbo nton/docs/2015 water qgupaLlity report and htti)s:/Iissuu.com/cjtyofboynton/docs/16 water ualit r�q�- _final Please place a check mark (v") on the blank line next to each item if a speccation is met. If axception is taken (alternatives), you must explain using a separate sheet of paper. The responder must submit specifications "check -off' sheets with the quote in order for the quote to be considered. Please note: Delivery dates are of the utmost importance. If your company cannot meet the scheduled dates, please do not submit a bid. In addition, the City requires, due to the tight timeline of this project, that no components of MD., quote will be sub -contracted. GENERAL SPECIFICATIONS: / Flat size: 11 " tall x 17" /- -• size: 11 " tall x 8 1/2" wide 8 pages, including front and back cover COVER AND INSIDE PAGES 00# white coated text stock; (siI<itin, eIvet, etc.) RECENED im THIS PAGE TO BE SUBMITTED WITH QUOTE • Page 140 of 612 4/4 process + satin coat OGV, full bleed INSIDE PAGES t/ 4/4 Process + satin coat SGV (two sided), full bleed 7!Lin 2 days (48 hours) after receipt of electronic file from City, printer must hand - delivered to City Hall, a hard copy laser proof including crop marks and wait for City's V/� pproval of proof to return to printer Prior to delivery to City Hall, printer must send an electronic proof to designer via an online transfer system PRESS RUN: _ZPrinter guarantees a minimum of 41,000 printed copies Flnal printing and mailing must be completed no more than fourteen (1 4) as after proof approval by Director of Public Communications and Marketing V-1printer must trim, score, fold, collate, and staple each Water Quality Report 7 ERVICES: 7 to provide Excel spreadsheet of addresses (this may vary based on valid addresses) Printer to sort and dismiss addresses that do not meetmailing requirements NCOA and CASS certified W/IP-rinter must imprint names/addresses on Water Quality Report (no labels) Printer must sort reports to guarantee the most cost-effective method and time -effective mailing of reports for lowest postage rates and best schedule; carrier -route or walk seggeneq 7ner must utilize their bulk rate permit May 1, 2018: City sends purchase order to printer — typically takes up to a week to process. 2 THIS PAGE TO BE SUBMITTED WITH QUOTE Page 141 of 612 May 1, 2018: City sends electronic file of addresses (in Excel) to printer May 7, 2018: Printer must complete sorting of addresses to guarantee most cost-effective method and time -effective mailing of Water Quality Reports May 7, 2018: Printer must notify city of estimate postage costs May 7, 2018: City overnights check (made out to US Postmaster) for postage costs May 8, 2018: Printer must deliver check (made out to US Postmaster) for postage costs The City does not expect to vary the proof and print schedules listed below. However, the City reserves the right to vary the proof and print schedules for unforeseen reasons. Regardless, the final printing must be completed no more than fourteen (14) days (not including weekends and holidays) from final proof approval by City. PROOF TENTAT VE SCHEDULE May 14, 2018: City sends electronic file of print -ready file to printer May 16, 2018: Printer must send an electronic proof to designer and hand -deliver a hard copy laser proof to City of Boynton Beach, 100 E. Boynton Beach Blvd.; Attn: Eleanor Krusell PRINT TENTATIVE SCHEDULE May 30, 2018: Finished Water Quality Reports, addressed and sorted, must be hand -delivered to US Post office, 3200 Summit Blvd, West Palm Beach, FL 33416, for distribution DELIVERY OF EtEMAINING—A-61—E—R—OLMLITY REPORTS May 30, 2018: Remaining Water Quality Reports must be boxed (50 per box) and delivered to the City of Boynton Beach, 125 E. Woolbright Rd. Boynton Beach, FL. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANIN 0 THIS PAGE TO BE SUBMITTED WITH QUOTE PT&BLE. Page 142 of 612 PRICE SHEET FOR 2017 WATER QUALITY REPORT PRINTING AND MAILING SERVICES The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. ITEM DESCRIPT16N------' EST. NO. UNIT OF UNIT TOTAL NO. COPIES MEASURE PRICE PRICE 1 All equipment, labor, tools 41,000 Each s _L/705 stp 110- 0 hardware & materials to provide proofs, liver proof and press run, including finishing as per s pecifications 2. All equipment, labor, tools, hardware & materials for mailing services for preparing approx. – 38,500 38,500 each "2017 Water Quality Reports" for mailing (this may vary based on valid addresses. as per specs. 3. Estirate i"Po tag�e,bulk �mall��inngg services, utilizing vendor's bulk LUMP SUM rate permit for approximately 389500 each "2017 Water Quallt Re orts" a S pffipp-C—S- ---Al–lequipment, labor, tools, 4. hardware and materials to deliver LUMP SUM $ remaini" ng 1,500 each 2017 Water Quality Reports" to the City (this may vary based on valid addrr s ecs. TOTAL PRICE (ITEMS 1 THRU 4)- ------------------- � i! Brown i I ' ' I ionsu ng, ric. 4552 N. San Andf0s West Palm BeaCh, FL 33411 COMPANY NAME �AUTH�ORIZ�EDSI/TU�� / p INTE��—N;ME—OF FAUTH®RJZE�DOF�FICIAL TELEPHONE NUMBER t —6,t Cw 0 18'a O's JOA CP A 01, 0 TITLE FAX NUMBER E-MAII ADDRESS THIS PAGE TO BE SUBMITTED WITH QUOTE Page 143 of 61 OUOTE FOR 2017 WATER QUALITY REPORT PRINTING AND MAILING SERVICES M=�� `- =�� mailingfor &rintjn,� and services, includimv postage for the _8 page 2017 City of BOYNOn Beach Water QuafitY RePOrt 2017 Water Quality Report Printing and Mailir37* For reference, the •art and st two Water Quality Reports may be viewed on-line at htt••'#• • !• E `!•� Please place a checkon the blank exception is taken (alternatives), you must explain using a separate sheet of paper. The responder♦e• be considered. Please note: Delivery dates are of the utmost importance. if your company cannot meet the scheduled dates, please do not submit a bid. In addition, the City requires, due to the tight timellne of this projecL that no components of the quote willbe ♦ • ' ♦! s Foldedtall *e 8 pages, including front and back cover 100# white coatedtext stock; THIS PAGE TO BE SUBMITTED WITH QUOTE * / • .;AV &CCEPTABLE. Page 144 of 612 Process + satin coat OGV, full bleed INSIDE EA—GES 414 Process + satin coat SGV (two sided), full bleed V Within 2 days (48 hours) after receipt of electronic file from City, printer must hand - delivered to City Hall, a hard copy laser proof including crop marks and wait for City's approval of proof to return to printer V Prior to delivery to City Hall, printer must send an electronic proof to designer via an online transfer system V--- Printer guarantees a minimum of 41,000 printed copies Final printing and mailing must be completed no more than fourteen (14) days after proof approval by Director of Public Communications and Marketing+S,,, V Printer must trim, score, fold, collate, and staple each Water Quality Report MAILING SERVICES: v, City to provide Excel spreadsheet of addresses (this may vary based on valid addresses) Printer to sort and dismiss addresses that do not meet mailing requirements NCOA and CASS certified Printer must imprint namesladdresses on Water Quality Report (no labels) V/ Printer must sort reports to guarantee the most c- civ method and time -effective mailing of reports for lowest postage rates and best schedule; carde,_-route or walk sggyencq _)L Printer must utilize their bulk rate permit Mayl,2018: City sends purchase order to printer —typically takes up to a week to process. THIS PAGE TO BE SUBMITTED WITH QUOTE Page 145 of 612 May 1, 2018: City sends electronic file of addresses (in Excel) to printer May 7, 2018: Printer must complete sorting of addresses to guarantee most cost-effective method and time -effective mailing of Water Quality Reports May 7, 2018: Printer must notify city of estimate postage costs May 7, 2018: City overnights check (made out to US Postmaster) for postage costs May 8, 2018: Printer must deliver check (made out to US Postmaster) for postage costs The City does not expect to vaty the proof and print schedules listed below. However, the City -raw e A- ,_;Vv,r v Igor �e �seen r asons. �Re•a�rdless, �t�z final printing must be completed no more than fourteen (14) days (not including weekends and holidays) from final proof approval by City, PROOF TENTATIVE SCH-E-DULE May 14, 2018: City sends electronic file of print -ready file to printer May 16, 2018: Printer must send an electronic proof to designer and hand -deliver a hard copy laser proof to City of Boynton Beach, 100 E. Boynton Beach Blvd.; Attn: Eleanor Vrusell PRINTT TTI SCH :ipq1ZpU;1Up I , u&;% - � 'm k6t�zf lied. must be hand-delivereM to US post office, 32oo Summit Blvd, West Palm Beach, FL 33416, for distribution I JG WATER QUALITY REPORTS May 30, 2018: Remaining Water Quality Reports must be boxed (50 per box) and delivered to the City of Boynton Beach, 125 E, Woolbright Rd. Boynton Beach, FL. Page 146 of 612 -10,4W COMPANY r% (P 14 12 1 4� PRINTED NAME OF AUTH RIZED UIFI-ILAAL I r-Lr-il " IF Pic I TITLE FAX NUMBER MAIL DRESS 9 TH IS PAG E TO B E SU B M ITTE D WITH QUOTE Page 147 of 612 Emil All equipment, labor, tools, -10,4W COMPANY r% (P 14 12 1 4� PRINTED NAME OF AUTH RIZED UIFI-ILAAL I r-Lr-il " IF Pic I TITLE FAX NUMBER MAIL DRESS 9 TH IS PAG E TO B E SU B M ITTE D WITH QUOTE Page 147 of 612 QUOTE FOR �,�,-017 WATER QUALITY REPORT PRINTING AND MAILING SERVICES *Delivery date Caveat: To assist with accomplishing the 14 working day delivery turn -around we ask that: 1. Data A) One complete Excel file with data in separate fields in order to process as follows: Company Name (if applicable) Name Address City State Zip b) The same information should be consistent throughout columnS. For example, a column header titled City should not have an apartment number in this column or a column titled Name having Company and Vice versa. c) Data is provided without requiring any major corrections on data. d) Seed list of anyone outside of the data listing who should be sent a copy oif the mailer, should be provide at time data is provided. e) Kindly request postal indicia in order to be added and included in final art work. 2. Creative f) Creative files need to come in with the spot varnish indicated as a fifth color. g) Kindly provide breakdown for SGV placement similar to below when submitting creative: Cover: photo + 2016 badge 2- all baby pix 3- all four photos 4-5: all tem photos 6-7-, nothing 8-9: all 7 photos/art 10 - photo at the bottom ZMEME= Page 148 of 612 6.E. CONSENTAGENDA 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on May 1, 2018. EXPLANATION OF REQUEST: The City Commission met on May 1, 2018 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum Description Minutes 05-01-18 Page 149 of 612 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY MAY 1, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Christina Romelus, Vice Mayor Justin Katz, Commissioner Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. I nvocation Lori LaVerriere, City Manager James Cherof City Attorney Judith A. Pyle, City Clerk Reverend Woodrow Hay, of St. John Missionary Baptist Church gave the invocation Pledge of Allegiance to the Flag Commissioner Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Ms. LaVerriere requested to table Item 12-B. 2. Adoption Motion Commissioner McCray moved to table item 12-B. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed Page 150 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Motion Commissioner Casello moved to approve the agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz met with John Markey of JKM Developers regarding the Cortina project in District 1. Commissioner McCray met with John Markey and Bonnie Miskel regarding the Cortina project. Attended the grand opening of Santorini at Renaissance Commons. Vice Mayor Romelus attended a meeting with John Markey and Bonnie Miskel regarding a property near Old Boynton and Renaissance Commons. She had the honor to stand with the Tourist Development Counsel board members at the Palm Beach County Board of County Commissioners meeting to announce the week of May 6-12 as National Travel Tourism day; this was an opportunity to bring awareness to the tourism industry in Boynton Beach and Palm Beach County. Commissioner Casello met with John Markey and Bonnie Miskel. Mayor Grant announced on April 5th he attended the City's wrap-up event for Let's Move Boynton Beach, attended the Tip a Cop event at Duffy's. The tips were taken to benefit Special Olympics. April 6th attended the City Becomes a Quilt, where Brandon Drucker's work became a quilt. April 9th, met with the Armenian Ambassador to the United States, attended the MLK 50th year event hosted by Mack Bernard, Palm Beach County Commissioner, at the old Courthouse. On April 10th, Mayor Grant hosted the delegation from Park Vista High School. The delegation toured the City and attended the police quarterly awards. Mayor Grant met with the Principal of Boynton Beach Community High School, Mr. Guarn Sims. On April 11th, attended the City of Boynton Beach general employee pension board meeting. April 12th, attended Arbor Day with students from St. Joseph Episcopal school. April 13th attended the Sister City event, Art at the Mall. On April 16th Mayor Grant attended PERT training to become a certified Public Private Partnership Professional. Thanked the Commission for the opportunity to travel and attend the conference. April 18th attended the Crowder Park dedication. Gave Commissioner Casello kudos for all the hard work to have the park renamed to memorialize Officer Crowder. April 19th attended the transportation training agency meeting, went to the new co -work space where they inaugurated the new president. Page 151 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 April 21St attended the Fire Fighter's chili cook -off, and the Concert on the Green hosted by the City of Boynton Beach Parks and Recreation Department. April 22nd participated in the BAPS Temple walk-a-thon, where they name the City of Boynton Beach Library as one of their beneficiaries for helping the community. April 24th attended Business Day at St. Joseph Episcopal School. April 25th attended the League of Cities meeting in Green Acres. April 26th attended an event called Lead the Fight, and will present a proclamation regarding adverse childhood experiences. April 27 met with Tony Morrow and also attended the Santorini ribbon cutting ceremony. April 30th went to the Palm Beach Four Club as a guest of Michael Wiener. Commissioner McCray wanted to thank Eleanor Krusell for the article which was sent to the Commission. Noted there were 20 seniors at Boynton Beach Community High School earned a prestigious industry certification. The City was proud of what was going on at the High School. Mayor Grant wanted to inform the audience there is an immigration legal screening clinic available to those who wish to receive a free consultation to determine if they are eligible for any immigration relief and legal representation. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Legislative update from Representative Al Jacquet. (Rescheduled for May 15, 2018.) B. Legislative update from Senator Bobby Powell. Senator Powell stated he was excited to represent Boynton Beach. Senator Powell provided a presentation to address some issues going on in Tallahassee. Provided a breakdown of the representation of the House and the Senate. Stated the Major Session Issues were the Gun Safety Reform, SB 7026. Education, HB 7055, SB 4 (Higher Education). Healthcare, Nursing Home Generators. Opioids, Home Rule, Tax Package of $168.6 million, with a budget of $88.47 billion. The Marjorie Stoneman Douglas Safety Act where 17 people were killed, forced the legislature to do something which had not been address. Senator Powell said for the first time in 20 years students came to Tallahassee and brought the fight, regarding gun laws. The legislature placed a ban on bum stocks, indicated there were a few bills combined, $69M for mental health services, $98M for school hardening, $67M for school guardian programs. In Palm Beach County, in 2017, there has been 552 deaths. Legislation BB21/SB 8 creates a 3 -day medically necessary and 7 -day supply limit on schedule II controlled substance prescriptions. Has placed a definition on "`Acute Pain' more narrowly to limit 3 Page 152 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 over -prescribing of opioids. Also requires a 2 -hour continuing education course for prescribing physicians, requires Health Care providers to check PDMP before prescribing or dispensing medication. Senator Powell stated the legislature was spending $53.5M to combat the opioid epidemic. Senator Powell indicated he has several bills in the legislature, land acquisition trust fund with Department of State, internship tax credit program, vote -by -mail ballot, care for retired law enforcement dogs, mental illness training for law enforcement, and juvenile justice. Senator Powell continued with the appropriations. Provided a listing of dollar amounts and appropriations: Jerome Golden Center for Behavioral Health Co - Occurring Facility $200,000, Loxahatchee River Preserve Initiative $750,000, Place of Hope Child Welfare Regionalization Phase III $1,2M, Palm Beach Habilitation Center Cultural Arts Building $1 M, Palm Beach Zoo: Water Quality & Recreation $250,000., Riviera Beach: Water Disinfection Treatment Center $500,000., WPB: Critical Incident Response Capacity $300,000. Rosemary Corridor Project $400,000. Boys & Girls Club Gang Prevention Program $1 M. City of Boynton Beach issues, there were four items which did not pass. Tree trimming and removal, which would have pre-empt local municipalities from regulating the removal of trees on private property (Irma -related issue). Election dates for municipalities, would pre-empt local municipalities the ability to determine the dates of their elections. Vacation rental, preempts all regulation of vacation rentals to the State and nullifies any ordinances that are already in place. SB 432 Community Redevelopment Agency, this would have significantly deterred local municipalities from using the CRA to benefit their communities and outlines a process by which they could be phased out unless reauthorized by a super -majority vote of the governing body. On behalf of Representative Al Jacquet, he was ill and unavailable to come and speak with the City of Boynton Beach. Senator Powell wanted to thank his staff, Benjamin Durgan, Legislative Assistant and Marian Dozier 561-650-6880. Commissioner McCray indicated has a correction; Christina Romelus is now Vice Mayor Romelus. Mayor Grant thanked Senator Powell for taking the initiative and stepping up to represent the City of Boynton Beach. The City was without a legislator to push and support bills which were before the House. Mayor Grant noted the City of Boynton Beach received $250,000 for the water reclamation. Senator Powell stated he heard from everyone in Boynton Beach, especially the City Manager. He thanked the Commission for continuing the fight. 4 Page 153 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Commissioner Casello thanked Senator Powell for his tenacity and his knowledge for getting things done and bills approved and being part of the Boynton Beach Team. Senator Powell stated teamwork makes the dream work. Indicated working together gets the job done. C. Proclaim May 6 through May 12 as Municipal Clerks Week. Mayor Grant read the proclamation declaring May 6 through May 12 as Municipal Clerks Week. Judy Pyle, City Clerk, City of Boynton Beach accepted the proclamation. D. Proclaim May as National Historic Preservation Appreciation Month and recognize the 50th year anniversary of the Boynton Beach Historical Society. Mayor Grant read the Proclamation declaring May as National Historic Preservation Appreciation Month and recognized the 50th year anniversary of the Boynton Beach Historical Society. Dr. Randall Gill thanked the Mayor and Commission for their support of historic preservation. It was wonderful to see everything which is happening in the City of Boynton Beach. Requested the members of the Historical Society to stand to be recognized. He was very excited to see the restoration of the Old High School. Barbara Ready stated she was here to represent the City of Boynton Historical Resources Preservation Board, which she was the Chairman. She indicated she was grateful for all the support from the Commission. E. Proclaim the month of May as National Lupus Awareness Month. Mayor Grant read the proclamation declaring May as National Lupus Awareness Month. Paul Murray, thanked the Commission, provided some information regarding Lupus and his diagnosis of Lupus. Noted the Department of Defense has begun funding research into Lupus. In the United States there are about 6 million people with Lupus. F. Proclaim May 2018 as National Mental Health Month. Boynton Beach Mental Health Committee will be present to accept the Proclamation. Mayor Grant read the proclamation declaring the month of May 2018 National Mental Health Month. Woodrow Hay accepted the proclamation for the Boynton Beach Mental Health Committee. The color Green was the official color of Mental Health. May 24th was get 5 Page 154 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 your green on. Wear Green and place a photo on Facebook. Stated now more than ever we must reach out to family or friends who are alone and without friends. Information is available in the brochure, finding hope when you need help. This month the Committee focuses on, partner with a heathier Boynton Beach, at the intracoastal Park and it was free. The community has access to coordinated and integrated networks of behavioral health services and supports that enhance mental health, wellness and quality of life. Allow the citizens of Boynton Beach together to start the conversation. He stated the City should be the change. All of the committee have a passion of what is going on in the City of Boynton Beach. Mr. Hay introduced the mental health committee, stated all the volunteers have a passion for the work in the mental health community. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Wynna Dunmyer, 84 Maple Lane, stated she was here representing Moms Demand Action for Gun Sense in American. Indicated she respects the 2nd amendment and feels common gun sense law could go hand in hand. She was here to request a proclamation to end gun violence. Ms. Dunmyer stated she understands the City was not allowed to have any of its own regulations regarding gun control. She does know there are a couple of lawsuits. The City could file an amicus brief in support of the lawsuit. She stated the color for gun violence is orange; it was the color of hope and keeps hunters safe. She explained 96 people die from gun violence every day. Vice Mayor Romelus indicated this would be at the Mayor's discretion. Gabe Ermine, 8933 Sydney Harbor Circle, introduced himself as a candidate for County Court Judge, Group 4, stated he was a home grown Palm beach County attorney. He is a litigator with daily courtroom experience and more than 100 jury trials. He is a dedicated husband, father and philanthropist with a long history of community service. He has served as an assistant public defender in Broward County Public Defender's office. He has seen firsthand what happen to juveniles when it comes to direct filing. He agreed there was a huge difference between 14 and 25. Asked everyone to vote on August 28, 2018. Susan Oyer, 140 S.E. 27th Way, wanted to remind everyone of the bird count this Saturday, May 6. Provided some information on government sanctioned housing policies which harms today's public schools. The school system has an attendance problem. Provided some information about Earth Day to the Commission. N Page 155 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Alcolya St. Juste, 4887 Lombard Pass Drive, a candidate for County Court Judge, has been practicing in Palm Beach County for the past 15 years. Represents children and parents involved in dependency. She works with children with special needs, medical and mental health needs. She has been vetted, by the Judicial Nominating Commission, considered for an appointment to a judicial seat. The vote is slated for August 28. Ricky Petty, Director of a Healthier Boynton Beach, 970 North Searcrest Blvd., thanked the City Manager and the City of Boynton Beach Police Department. They were able to provide eight grants to local organizations and churches in the City of Boynton Beach for a total of $30,000. Explained a Healthier Boynton Beach provides services for local caregivers. He stated some caregivers are not aware they are truly caregivers. The goals are to help change long term health outcomes of the residents of Boynton Beach, evaluate the overall impact of a healthier initiative as well as the impact at the community level. Boynton Beach community have identified Family Caregiving as the critical health issue in the area, and will be collaborating with Palm Healthcare Foundation, utilizing the committed funds to create lasting impactful changes. Mr. Petty indicated on May 21 there will be a community conversation at St. John Church at 6 pm, to address different issues which impact the community. Javorius Russ, resident of Boynton Beach, wanted to address District 2 Commissioner Mack McCray, indicated he called the Commissioner and he hung up the telephone and became unruly. He contacted the City Manager and she met with them at the park and came up with a solution where the park did not need to be shut down. Thanked the City Manager for responding to his request. The issue today was getting the ban lifted from the park. Asked what was needed to be done to get the ban lifted. He understood there were many things going on in Boynton, there was penny sales tax money available for the roads and infrastructure. He wanted to know where the money for the roads was allocated. Requested a listing of what was being done with the money for the penny sales tax. Mayor Grant explained the surtax funds are in the City Capital Improvement Plan (CIP) Mayor Grant referred Mr. Russ to the City Clerk office for a copy of the CIP. Mr. Russ stated it has been 13 weeks of no issues at the Park. Mayor Grant explained the ban on Sara Sims Park, the park was under construction. Mr. Russ stated there was no construction at the park. Mayor Grant indicated the City has a pre -input budget meeting on May 291h at 6:30 p.m. Mayor Grant explained it would take time for the lawyers to undo the resolution banning events at the park. Mr. Russ asked if there was a construction plan for the park. Mayor Grant replied there is a $1.3M renovation plan for the park. Ms. LaVerriere stated the construction should Page 156 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 begin early fall. Mr. Russ stated he never heard of anything about the renovation at the Sara Sims Park. Mayor Grant stated there have been several events at the Carolyn Sims Center regarding the renovations. Ms. LaVerriere noted she will bring a copy of the plans at the May 21 St clergy coalition meeting. Commissioner McCray appreciated the vote from Mr. Russ. He needed to have additional information about what was Peace in the Hood; the police came out in full force. Stated if he offended Mr. Russ he apologized. The night in question, he received numerous calls. The City has not forgotten about the people in the community. Stated it was great to hear the residents want to take the park back. Mr. Russ asked if there was any way Commissioner McCray could attend the May 21St meeting at 1 pm. Commissioner McCray replied in the affirmative. Vice Mayor Christina Romelus indicated the information on the penny surtax was available on the website. Tory, 407 NW 17 Ave, wanted to speak about the park. The Police were focusing on Sara Sims Parks. The bans needed to be lifted; it has been 13 weeks without any issues at the park. He does not see any affordable housing, summer recreation activities available for the children. There was a big center which the children are not allowed to enter. There were no free lunch programs or access to programs. Mayor Grant thanked everyone for coming out. This was the start of the process. Mayor Grant provided the dates and times of Commission meetings. Minister Bernard Wright CEO of Bernard Wright Ministry, Robert E. Wells Foundation, wanted to commend Barbara Ready on the Historic Research Board, indicated they have been instrumental with historic research. Commended the brother and sisters who have come out to support the City process. He was passionate about the issues; stated residents do not receive the appropriate feedback. Wanted to speak about the Carolyn Sims Center regarding the children being denied free access to the center. Ramona Young, 101 South Federal Highway, indicated she came for education; she sold her house in west Boynton and moved to 101 South Federal highway. She needed to understand billing for the water process. She paid $40 dollars when she was in her home in west Boynton Beach. Her bill stated she used $1.07 for water and $1.40 for sewage and her bill was $70.00. She could not reconcile these fees. Ms. Young believes this was absolutely ridiculous. Mayor Grant indicated Mr. Groff would provide an explanation. N. Page 157 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Rae Whitely, 223 NE 12 Avenue, thanked the City Manager and the Commission. Noted they have an organic movement going on. He asked the Commission to continue to encourage the residents as they come to speak about what was happening in the community. Mayor Grant announced Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alts Employee Pension Board: 1 Reg Senior Advisory Bd: 1 Regs and 2 Alts Mayor Grant informed the Commission there were no applicants applying to the advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pulled item G. A. PROPOSED RESOLUTION NO. R18-066 - Approve traffic enforcement agreement with Nautica Sound Homeowner's Association. B. PROPOSED RESOLUTION NO. R18-067 - Authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. 007-2710-18/IT for the Fourth of July fireworks displays for the Years 2018, 2019 and 2020 and other additional City events as required for an amount as approved and budgeted by the City Commission for events. C. Approve utilizing the US Communities Contract # EV2370, with the City of Kansas City being the lead agency, with Graybar Electric Company for the purchase of electrical parts and components for the City's lift stations for an 0 Page 158 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 estimated annual expenditure of $60,000. The US Communities procurement process satisfies the City's competitive bid requirements. D. Approve utilizing the City of Bartow, FL Bid No. WD -2018-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AWC A-782 for an estimated annual cost of $40,000. The City of Bartow's procurement process satisfies the City's competitive bid requirements. E. Authorize the purchase of a 20" trailer and outfit in the amount of $40,816.10 from Texas Trailers of Gainesville, FL by utilizing the Florida Sheriff's Association Contract #FSA1 7-VAH1 5.0. The Florida Sheriff's Association procurement process satisfies the City's competitive bid requirements. F. Accept the City of Boynton Beach Community Rating System (CRS) Flood Mitigation Plan Progress Report, Action Plan Updates and Program fro Public Information Evaluation Report (May -December 2017). Copies will be available to the public on-line at the Utility's Facebook page (https://www.facebook.com/BoyntonBeachUtiIities/) and a number of copies are available on the table at the back of the commission chamber. G. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 1, 2018 - "Request for Extensions and/or Piggybacks.". Mayor Grant explained he understood the contract was being renewed, inquired if a report will be received this year. Ms. LaVerriere stated the Commission should receive a report shortly. Tim Howard, Assistant City Manager, stated the original contract was for one year. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. H. Approve the minutes from the City Commission meeting held on April 17, 2018. Motion Commissioner Katz moved to approve the Consent Agenda as amended. Commissioner Casello seconded the motion. 10 Page 159 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve an increase to the estimated expenditure to Rehrig Pacific of Orlando, FL from $100,000 to $125,000 per City Bid #048-2510-15/JMA for Molded Refuse Containers and Parts due to development in the City and the need to replace existing containers. Commissioner McCray asked if these were the plastic refuse containers or the metal containers. Mr. Howard replied these were the plastic containers. Commissioner McCray inquired about the storage of the containers in District 2. He explained the containers can be seen from 1-95. Commissioner McCray related residents stated they are being infested by rats which were coming from the storage of those containers. Andrew Mack, Director of Public Works and Engineering, explained the City was working with Dwight Saulter, Parks Manager and possibly looking at transplanting some of the landscaping to hide and mask the containers. The City was also looking at some type of shelter behind the building. Commissioner McCray inquired if there would be some type of berm which could be erected. He asked the reason why there was a garbage can near the area where storage was being held. He explained when we have City employees which ride around daily and see the issues and don't call the issues in, this was a problem. Vice Mayor Romelus wanted to inform the residents the City has a new Director of Public Works. Mr. Andrew Mack. Mr. Mack said he was proud and honored to continue to work with the City of Boynton Beach. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously'passed. B. Award Bid No. 014-1211-18/IT for Removal, Replacement and installation of Field Netting at Little League Park, and authorize the City Manager to issue a 11 Page 160 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Purchase Order to Anzco, Inc. of Boca Raton, FI as the lowest responsive, responsible bidder in the amount of $160,607.00 with a 10% contingency for a total approved amount of $176,667.70. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. Andrew Mack, Director of Public Works and Engineering explained during Hurricane Irma, damage was caused to the existing foul ball netting and pole structures along all four (4) fields of play at Little League Park. On March 16, 2018, Procurement Services issued a bid for "Removal, Replacement and installation of Field Netting at Little League Park" with a Mandatory Pre -Bid Meeting and Site Inspection held on March 27, 2018 to review the project with interested and qualified contractors. On April 17, 2018, Procurement Services opened bids from two (2) bidders. After reviewing the two (2) bid submittals, Staff has recommended the project be awarded to Anzco, Inc. as the lowest, responsive, responsible bidder. Mr. Mack stated the cost will be submitted to FEMA for reimbursement. Commissioner McCray inquired as to why the City was spending more than $170,000, and asked when the last time the netting was replaced. Mr. Howard indicated the last time the netting was replaced was 2002.The netting was damaged during hurricane Irma; the City should be reimbursed by FEMA and the insurance company. Commissioner McCray stated he wanted to make sure the residents were aware the City would be reimbursed by FEMA. Commissioner Casello inquired if there was a method of lowering the netting in case of a storm. Mr. Mack explained the netting was permanently attached, and was able to sustain the hurricane winds. The City can remove the netting by removing some of the nuts and bolts. Commissioner Casello stated it was not a lowering system. Mr. Mack stated it can be done with a boon and lift. Commissioner Casello asked why it was not done during the last storm. Mr. Mack replied he could not say why it was not done. Ms. LaVerriere replied lowering the netting was not part of the hurricane preparedness. Mayor Grant replied the netting was more than 16 years old, and had withstood several hurricanes. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. 12 Page 161 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-005 - SECOND READING - Approve Telecommunications in Public Rights -of -Way (CDRV 18-001) - Amending Part 11 Code of Ordinances Chapter 25.1 Communications Facilities in Right -of -Way for consistency with the State's Advanced Wireless Infrastructure Deployment Act. City -initiated. (Tabled to May 1, 2018) Attorney Cherof read Proposed Ordinance No. 18-005, by title only on second reading. Commissioner McCray asked if anyone needed to make a presentation. Mayor Grant stated he received some emails from the Telecommunication Companies stating the ordinance was acceptable; also spoke with a representative from AT&T. Major Grant asked for a motion. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS A. To consider the recommendation from the Recreation & Parks Board, as presented by Board Chair Betty Pierce -Roe, not allow dogs on the beach at Oceanfront Park. Betty Piece -Roe, Chairperson, Recreation and Parks Board, stated the advisory board was tasked with submitting a recommendation to the Commission regarding dogs 13 Page 162 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 on the beach. The board took into consideration the size and the additional resources along with the additional requirement to manage and support this type of program. The Advisory Board did not recommend allowing dogs on the beach. An informal online survey was conducted. There were 879 respondents to the survey and a public input meeting was held. Ms. Pierce Roe stated 70% of the respondents were in favor of having dogs on the beach. The respondents were willing to pay a fee to have the dogs on the beach. Indicated most questions were about the cleanliness of the beach as well as the cost to maintain the beach. Most of the respondents wanted to know who would be responsible to clean up after the dogs. There were questions regarding the restrictions and encroachments. Ms. Pierce -Roe asked if the City of Boynton Beach would be liable if the dogs were to attack individuals or other animals. She wanted the City to be aware beginning April 1 - October 31 was turtle nesting season. She stated the board voted 5-1 not to allow the dogs on the beach. Katherine Salvio, 101 S. Federal Highway, inquired if this includes emotional support animals on lease. Woodrow Hay, 427 NW 5 Avenue, was in support of the recommendation. Explained children like to dig and place things in their mouth. He believed many owners do not pick up after their dogs. This was a small beach. He cannot image some of the dogs on the beach; believed the City was setting itself up for failure. He requested the Commission to think twice before the City of Boynton Beach allows dogs on the beach. Ed Brooks, 15 East Ocean Avenue, asked the population of Boynton Beach. Stated he owns two very large dogs. Stated the beach was about a quarter of a mile, this was not large enough for the dogs to play and dig. Said no matter how clean it's really not going to work, there was no desire to change the Town of Ocean Ridge Ordinance. People walk to the south they will be cited by Ocean Ridge. Stated this was a very small piece of land. He said this was one of Boynton Beach's most valuable assets. Brian Bonnell, 3504 SE 2nd Street, noted when they moved to Boynton the first question was where the nearest dog beach. He was excited to hear Boynton Beach will have a dog beach. Mayor Grant inquired if emotional support dogs are allowed on the beach. Mayor Grant inquired if the City of Boynton Beach still has the volleyball court. Wally Mayors, Director of Parks and Recreation, replied it was off and on regarding the volleyball, because of the beach erosion. Mr. Majors wanted to clarify that emotional support animal and service dogs are different. Commissioner Casello indicated most of the concerns can be addressed. He did not have the survey in his backup. He respects the advisory board decision. Stated he 14 Page 163 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 respectfully disagreed with the recommendation. The survey was given and 70% of those responded wanted to have dogs on the beach. He would like to see this implemented. The City can see what works or does not work and go from there. Commissioner Casello stated the Town of Ocean Ridge will not dictate what the City of Boynton Beach can do on their property which Boynton Beach legally owns. The Town of Ocean Ridge does not contribute anything to Boynton Beach. He stated he wanted to move forward, even if it was on a trial basis. If it does not work, then the City can walk away from it. Commissioner McCray noted he was fishing at J.C. Park and the dogs are supposed to be on a leash, they are not. He stated the dogs run freely on the peer and there is poop everywhere. Commissioner McCray inquired if the City was liable if the dog bit anyone on the beach. Attorney Cherof stated the City was responsible to a certain degree. Attorney Cherof stated yes. Commissioner McCray asked if the City could be sued for medical bills for ringworms or any type of bacterial infections. Attorney indicated anyone can sue. Commissioner Katz noted it was a social value for dogs to go to the park. His largest concern was bad owners would ruin this opportunity to have dogs on the beach. He believes a well -crafted program can limit the bad owners. He does not have a problem charging a fee to owners to have the opportunity to take their dog to the beach. Commissioner Katz indicated instituting a cost basis would weed out bad owners. Also stated creating a steep fine for people who do not adhere to the regulations. Commissioner McCray inquired as to who will enforce these rules and regulations. Vice Mayor Romelus stated she loves dogs, she does not believe they should not impose or have a forced interaction. She believed that her colleagues on the dais are pretty trusting and optimistic. She asked if the City would have a Code Enforcement officer to fine the offenders. Will there be some type of check in, to make sure the people are licensed with the City. Vice Mayor Romelus inquired into the monitoring and enforcement. She was not in favor of moving forward with this idea. Mayor Grant inquired if the Town of Ocean Ridge polices the beach. Inquired as to the municipal regulations the City could enforce. He explained this was not the City municipality. Asked if the City was able to create regulations and fines which every dog owner must agree to and sign a contract? Attorney Cherof stated it would be more of an enforcement of a contract than it would be the violation of a municipal Ordinance. Mayor Grant stated if someone brought their dog without a signed contract, the City of Boynton Beach could require the Town of Ocean Ridge to cite or remove the offender from the property. 15 Page 164 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Mayor Grant stated the City would need the Town of Ocean Ridge to be involved with the monitoring of the City regulations or contract. Mayor Grant asked the time when the parking attendant reports for duty. Mr. Majors stated the parking attendant report for duty at 8:00 am until 4:30 pm. Mayor Grant asked if someone shows up at the beach before 8:00 am there would be no one there. Mr. Majors indicated this was one of the challenges the City needed to address, as well as making sure the beach was safe. Mayor Grant stated he was in favor of having dogs on the beach on a trial basis. Mr. Major stated the Parks and Recreation Department needed to bring in a contractual person to walk up and down and clean the beach. Mayor Grant stated the number which was given was $20,000- $25000 for a part-time person, Friday, Saturday and Sunday for one Park Ranger. He indicated in retrospect, there needed to be two people. Mayor Grant stated he did the math; it would be $166 per day. He stated this was in the budget. The City of Boynton Beach could have dogs on the beach on special occasions. Mayor Grant noted he would like to find a middle ground. Commissioner McCray asked if the City of Boynton Beach was able to have any type of dialogue with the elected officials of the Town of Ocean Ridge about dogs on the Beach. Mayor Grant indicated he spoke with the Town Manager Jamie Titcomb and the answer was no. Ms. LaVerriere stated she and the City Attorney met with the Town of Ocean Ridge Town Manager and the Police Chief and the answer was a resounding no. Commissioner Casello stated the City of Boynton Beach are being held hostage by the Town of Ocean Ridge. Commissioner Casello asked who enforces the rules in parking on the beach Mr. Major stated if it concerns parking, or behaving improperly it would be the Town of Ocean Ridge Police Department. If someone comes into the park and breaks one of the City of Boynton Beach Ordinance, this was in a gray area. Commissioner Casello asked why this has not been addressed over the years. Asked if there was anything the City of Boynton Beach could do to clean up the gray areas. Attorney Cherof explained the City was asking about having law enforcement authority within another jurisdiction, there would need to be legislation. This cannot be done at the local level. 16 Page 165 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Commissioner Casello asked if this was something which should be done. If the Town of Ocean Ridge does not like something then it does not happen. The City was restricted on what can be done at the beach. This boarders on ridiculous, this gentleman stated the Town of Ocean Ridge Beach was the greatest asset which the City owns, he does not agree with him. The City does not have any control other than parking the cars. This program warrants a trial period. Commissioner Katz inquired if a dog were to bite someone at the park is the City susceptible to litigation. Attorney Cherof explained the City has some type of liability. Commissioner Katz said this could be an augment to ban dogs from the existing parks. If the City was able to generate the funds from the program this could defer the cost to cover the personnel needed. Commissioner Katz said he shares some of the same concerns as Commissioner Casello; the City beach was not really the City beach. Commissioner Katz said the City provide services to a neighboring municipal which they could not afford to produce themselves, but when the City of Boynton Beach asks for a courtesy to allow dogs on the City Beach for a limited number of days a year, the answer was no. What if the City had taken the stance the City did not want to provide water or any other utility, which would be absurd? He supports what the majority have indicated. He believes this should move forward. Vice Mayor Romelus replied she was not making this decision based on what the Town of Ocean Ridge feels or what they propose. What she does want to reiterate, the City has just opened up a dog park, the developer was planning on expanding the foot print of the park. She believes this inconveniences the humans, because the City wants to allow for the dogs to frequent the beach. Ms. LaVerriere requested the Commission to prepare 12 questions for staff to review. Staff can bring something back in June to place some parameters to assign a budget. Ms. LaVerriere noted money can be pulled from the reserve account if necessary to address the need. Mayor Grant replied he understood staff needed time to make a presentation. Commissioner Casello noted he has taken offense to the first word which was used was the City might have to go into the reserves to get the money. He stated 60% of the people who voted on this were willing to pay the fee, this could be self-funded. Let's not use the word reserve. Mr. Ed Brooks, 15 East Ocean Avenue, stated the Commission was swapping a lot of ignorance. The City has a beach in a separate municipality. This was a complex issue. Indicated if the City was selling the beach the Town of Ocean Ridge was willing to purchase the beach. The Town of Ocean Ridge provides the City with policing. He takes offense with services the City provides; hopefully you are making a profit. The Town of Ocean Ridge was not being magnanimous. The County does not allow dogs on its 17 Page 166 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 beaches, the Town of Ocean Ridge does now allow dog on the beach. If the Town of Ocean Ridge would allow this, they are saying to the residents of the Town of Ocean Ridge they must allow dogs on Ocean Ridge beaches. They are doing what is best for their town. Mayor Grant asked for a motion Motion Commissioner Casello moved to approve with the stipulation that there are some guidelines setup and implementation to bring back to the June meeting. Commissioner Katz seconded the motion. Vote 3-2 (Commissioner McCray and Vice Mayor Romelus dissenting) 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-068 - Authorize Mayor to sign an agreement with Florida Caribbean Architecture of Boynton Beach, FL for Project Management Services for the Town Square Project for a monthly amount of $15,200. Mayor Grant read the proposed Resolution R18-068 into the record by title only. Mr. Groff stated the City has worked with Anderson Slocombe, President of Florida Caribbean Architecture of Boynton Beach for past projects. Commissioner McCray inquired what the City was getting for $15,200 monthly. Mr. Groff replied that Anderson Slocombe would be the project manager; he would be the City's feet on the ground, reviewing the entire pay request, all field reviews, making sure the quality and procurement issues are handled. He would make sure all the problems are handled, which includes dealing with the public. Working with E21- solutions 2Lsolutions to make sure they are doing their job. Commissioner McCray indicated when this project came up, he was opposed to this project. He asked if Mr. Groff had completed a project of this magnitude. Commissioner McCray said this was a surprise. He believes the City should have staff personnel to take care of the project management portion of the project. Mr. Groff indicated these cost were included in the budget. Having a project manager insures all information was brought before the Commission. 18 Page 167 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Mayor Grant noted Mr. Anderson was the project manager for Fire Station #5. Mr. Anderson Slocombe, President Florida Caribbean Architecture indicated he was the project manager for Fire Station 5, 2, 4, and the Intracoastal pavilion. Mayor Grant said he was glad this was not the first time he has held this type of position. Mr. Anderson replied he was a business owner for the past five years. Mayor Grant asked what Mr. Slocombe had learned doing the past projects and what would he bring to the City. Especially with the public -private -partnership and what will you bring, where you are going to be working with weekly and monthly reports. Mr. Slocombe responded he was here to make sure the City was getting what they were paying and looking out for the City interest in this project. Mayor Grant asked if Mr. Slocombe was a willing to work more than 40 hours weekly. Mr. Anderson replied he will give the City more than a 100%. Commissioner McCray indicated he was not questioning Mr. Anderson qualifications. Commissioner McCray inquired if there were any additional personnel being brought onboard for this project. Mr. Groff indicated staff does not anticipate any other positions. Mr. Groff explained there was a project team of about five people and Mr. Anderson will be there to represent the City of Boynton Beach interest. Commissioner Casello inquired of Mr. Slocombe if the projects which he oversaw did those project come in on time and on budget. Mr. Groff stated Mr. Slocombe was the project manager for Fire Station 5 and that project came in about $1 M under budget. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 19 Page 168 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 12. LEGAL A. Approve proposed settlement and authorize payment of $50,000 to settle the case of Barry Goldman v. City of Boynton Beach. Mayor Grant asked if there was a shade session. Attorney Cherof responded there had been one in the past; and the settlement proposal was in the parameters which the Commission discussed. Commissioner Casello asked when the last time a case was litigated. Attorney Cherof replied it has not been in the past 5 years. Commissioner Casello indicated it was frustrating when the City continually settles these cases, because it was about the bottom line. The City has settled and paid hundreds of thousands of dollars. He stated let's get in there and fight. This was the wrong way to do business. This is tax payer money. Commissioner McCray asked if the funds were coming from the insurance company. Attorney Cherof replied not all of it. Attorney Cherof explained the Commission appropriates money every budget year to the Risk Department to settle or litigate cases. There was some excess coverage, which covers risk which was greater than a certain amount, which the City pays premiums. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote 4- 1 (Commissioner Case/lo dissenting). B. PROPOSED ORDINANCE NO. 18-007 - FIRST READING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) - Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article III, Abandoned Property, Section 10-51.5; to clarify the definitions of default and mortgagee; and to clean up language as to when a registration is required. (Tabled to May 15, 2098) C. PROPOSED ORDINANCE NO. 18-008 - FIRST READING - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been 20 Page 169 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Attorney Cherof read the proposed Ordinance #18-008 on the first reading into the record by title only. Mayor Grant asked when the last time the Fire Code was updated. Chief Glen Joseph, Fire Rescue, stated the last update was 2007, Chief Joseph introduced Fire Marshall Kline. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 D. The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. Mayor Grant asked for an update on the lawsuits. Attorney Cherof indicated there are a number of lawsuits being litigated throughout the State. The Judge has placed these lawsuits on a fast track and a trial has been scheduled for 2019. There may be a window of opportunity to get a place in line. Attorney explained how the City could get into the litigation. The end result was there would be no out of pocket fees, as this would be on a contingency fee. Mayor Grant asked if the City would like to move forward with hiring a law firm or wait a few more months to see how the class action lawsuit was going. Commissioner Katz indicated there were already several Cities already engaged, it may be more cost effective to join in with other municipalities. Mayor Grant requested Attorney Cherof find the most cost effective way to deal with the litigation. 21 Page 170 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Attorney Cherof stated with respect to the firearms statutes which say the local government could not have any roles in gun laws regulations or rules, this was not about the prohibition of firearms; this was about safe practices regulation, safe practices associated with firearms. The penalty associated with local government, could result in civil penalty for supporting or passing any regulations or legislation regarding firearms, also removal from your office by the Governor. There are two cases challenging the gun laws. If any of those lawsuits are won, all cities in Florida win. Attorney Cherof stated he was representing some of the other municipalities and he could keep the City up to date on what was happening with the case. Commissioner Casello inquired if the lawsuit was about the preemptive local authority, or banning guns. Attorney Cherof explained the lawsuit was not about banning guns, it was about the authority under home rule for local legislature such as the Commission, to listen to the public and decide what was in the best interest of the community. Stated at this time this was completed barred by preemption. Mayor Grant was in favor of following this closely. There was consensus E. PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. (Tabled to May 15, 2018) 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - May 2018 B. Approve Quantum Lakes Villas West Major Site Plan Modification (MSPM 17- 001) for 104 Multi -family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. - May 15, 2018 22 Page 171 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 C. Approve Boynton Village & Town Center Master Plan Modification (MPMD 18- 002) to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. Applicant: John Markey, JMK Developers. - May 15, 2018 D. Approve Cortina III Major Site Plan Modification (MSPM 18-003) to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master plan. Applicant: John Markey, JMK Developers. - May 15, 2018 E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park F. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD — TBD G. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD H. Staff to report on the possibility of the City beginning a Bike Share Program - May 15, 2018 I. Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director will be present - May 15, 2018 J. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City -Wide program - May 15, 2018 K. Announce Budget Workshop dates and times: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and Budget Workshops at Intracoastal Park Clubhouse; Monday, July 16, 2018 @ 5:00 P.M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M 23 Page 172 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned 9:09 p.m. (Continued on next page) 24 Page 173 of 612 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 25 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Cristina Romelus Commissioner — Justin Katz Commissioner — Mack McCray Commissioner - Joe Casello Page 174 of 612 7.A. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-070 -Authorize the City Manager to sign a contract with R & D Paving, LLC of West Palm Beach, FL for the "NW 11th Avenue Reconstruction - Model Block project", Bid No. 011-2821-18/TP in the amount of $461,147.50 plus a 10% contingency of $46,114.75 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $507,262.25. EXPLANATION OF REQUEST: On April 20, 2018, bids were received for the NW 11th Avenue Reconstruction - Model Block project, Bid No. 011-2821-18/T. Four (4) bids were received, and R & D Paving, LLC was identified as the apparent low bidder. The Engineer of Record for the project, Kimley-Horn, reviewed the bids and conducted reference checks. It should be noted that City staff made a correction to all the bids to adjust the standard indemnification amount of $25, which increased R & D Paving's bid slightly from $461,132.50 to $461,147.50. Overall, R & D Paving's bid is 20% less than the Engineer's Opinion of Probable Construction Cost provided by Kimley-Horn, resulting in cost savings for the City. Kimley-Horn and City staff recommend awarding the contract to R & D Paving, LLC as the lowest, most responsive and responsible bidder. Attached are Kimley-Horn's bid review letter and the detailed bid tabulation sheet for all bidders. The scope of work for this project includes the installation of new 8 -inch water main, fire hydrants, asphalt restoration, sidewalk, street lighting conduit, undergrounding of power, telephone, and television utilities, landscaping, and irrigation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A one -block area encompassing NW 11 th Avenue, known as the Model Block, will be renovated in partnership with Neighborhood Renaissance, Inc., the Boynton Beach CRA, and Boynton Beach CDC. This construction project is located on NW 11th Avenue between Seacrest Boulevard and NW 1 st Street south of Poinciana Elementary and will result in an improved level of service to the Model Block and the residents of the surrounding neighborhood. FISCAL IMPACT: Budgeted This project will be funded by Utilities, General Capital and CRA, funding has been approved under project number TR1601, account numbers 403-5000-533-65-02 303-4905-580-63-08 ALTERNATIVES: Not award the contract at this time. STRATEGIC PLAN: Page 175 of 612 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Contract D Addendum D Addendum D AttachmeW D AttachmeW Description Resolution authorizing City Manager to sign a Contract with R & D Paving for the Model Block Project R & D Paving Agreement Engineer's Bid Review Letter Bid Tabulation Schedule of bid items R & D Submittal Page 176 of 612 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZE THE CITY 5 MANAGER TO SIGN A CONTRACT WITH R & D 6 PAVING, LLC OF WEST PALM BEACH, FL FOR THE 7 "NW 11TH AVENUE RECONSTRUCTION - MODEL 8 BLOCK PROJECT", BID NO. 011-2821-18/71T IN THE 9 AMOUNT OF $461,147.50 PLUS A 10% CONTINGENCY 10 OF $46,114.75 IF NEEDED FOR STAFF APPROVAL OF 11 CHANGE ORDERS FOR UNFORESEEN CONDITIONS 12 FOR A TOTAL EXPENDITURE OF $507,262.25 ; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on April 20, 2018, four (4) bids were received and opened for the 17 NW 11th Avenue Reconstruction — Model Block project", Bid No. 011-2821-18/TP and R 18 & D Paving, LLC., was identified as the low bidder; and 19 WHEREAS, the Engineer of Record for the project, Kimley-Horn, and city staff 20 recommend awarding the Contract to R & D Paving, LLC., as the lowest, most responsive 21 and responsible bidder; and 22 WHEREAS, upon recommendation of staff, the City Commission of the City of 23 Boynton Beach does hereby approve a contract with R & D Paving, LLC of West Palm Beach, 24 FL for the 'NW 11th Avenue Reconstruction - Model Block project", Bid No. 011-2821-18/TP in 25 the amount of $461,147.50 plus a 10% contingency of $46,114.75 if needed for staff approval of 26 change orders for unforeseen conditions for a total expenditure of $507,262.25. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 31 as being true and correct and are hereby made a specific part of this Resolution upon CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FE7A1 D46 -5=4513F-913213-41 EE67945719\Boynton Beach.10437.1.R_D_Paving_for_NW_11 th_Avenue_=Model_Block_ =Reso.doc Page 177 of 612 32 adoption hereof. 33 Section 2. The City Commission of the City of Boynton Beach, Florida, 34 hereby authorizes the City Manager to sign a contract with R & D Paving LLC of West Palm 35 Beach, FL for the "NW 11th Avenue Reconstruction - Model Block project", Bid No. 011-2821- 36 18/TP in the amount of $461,147.50 plus a 10% contingency of $46,114.75 if needed for staff 37 approval of change orders for unforeseen conditions for a total expenditure of $507,262.25, a copy 38 of which is attached hereto as Exhibit "A". 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FE7A1 D46-5C2D-45BF-9B2B-41 EE67945719\Boynton Beach. 10437.1.R_D_Paving_for_NW_11 th_Avenue_=Model_Block_ =Reso.doc Page 178 of 612 CONSTRUCTION CONTRACT NW 11TH AVENUE RECONSTRUCTION - MODEL BLOCK THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and R & D PAVING, LLC, a business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of , 2018, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: NW 11TH AVENUE RECONSTRUCTION — MODEL BLOCK. Invitation to Bid #011-2821-18/TP. Article 2. CONSULTANT. Kimley-Horn Associates, Inc. ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 180 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, Eight Hundred Dollars ($800.00) for each day that Boynton Beach Utilities — NW 11 th Avenue Reconstruction — Model Block C-1 Revised 02/2/2018 expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Two Hundred Dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: FOUR HUNDRED SIXTY ONE THOUSAND ONE HUNDRED FORTY SEVEN DOLLARS AND FIFTY CENTS. (Written) $461,147.60 (Numerical) Article 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract Boynton Beach Utilities — NW 11 th Avenue Reconstruction — Model Block C-2 Revised 02/2/2018 has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Boynton Beach Utilities — NW 11 th Avenue Reconstruction — Model Block C-3 Revised 02/2/2018 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Milot Emile, Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6407 And if sent to the CONTRACTOR shall be mailed to: Article 9. INDEMNITY. Copy to: Procurement Services Attn: Director of Finance City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (561) 742-6322 Fax (561) 742-6316 R & D PAVING, LLC 400 EXECUTIVE CENTER DRIVE, SUITE 210 WEST PALM BEACH, FL 33401 Attn: NANCY G. ROSSO, MANAGING MEMBER Tel: 561-588-6681 Fax: 561-284-6541 Email: nancy@randdpaving.com In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall Boynton Beach Utilities — NW 11 th Avenue Reconstruction — Model Block C-4 Revised 02/2/2018 destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 12. MISCELLANEOUS. 12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — NW 11 th Avenue Reconstruction — Model Block C-5 Revised 02/2/2018 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12018. CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Authorized Signature, R & D Paving LLC Title (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities — NW 11 th Avenue Reconstruction — Model Block C-6 Revised 02/2/2018 A TTA CHMENT "C" Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 120 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12018. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2018, entered into a contract with Owner for In accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12018. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND Boynton Beach Utilities — NW 11 cn Avenue Reconstruction — Model Block PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD STATE OF FLORIDA COUNTY OF as follows: He is (Title) CITY OF BOYNTON BEACH WARRANTY OF TITLE , being first duly sworn, deposes and says of , (Name of Corporation or Firm) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor () Check One which is named in Construction Contract dated the day of , 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '2018. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant Boynton Beach Utilities —NW 11 th Avenue Reconstruction — Model Block WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire)$ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident)to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified INSURANCE ADVISORY FORM $ 300, 000.00 Limits based on Project Cost to be determined May 4, 2018 Christopher Roochek,P.E. CityofBovntonBeanh—UU|itienOepgrtment 124E\A/noUbdghtRoad Boynton Beach, FL33485 Bid Review RE: NWffmAve Kimley-Hom Project No. 043176024 Dear Chris: The City recently advertised the NN/fYbhAve project and hosted opre-bid meeting onMarch 27.2Q18. K]mlev-Hoon attended the meeting and assisted with explaining the project and answering questions from the potential bidders in attendance. The City received bids for the project onApril 20, 2018 and prepared a bid tabulation consisting of the four bids received. A copy ofthe apparent low bid was provided toKjmlev-Honnbythe City for review. The apparent low bidder is R&D Paving, LLC, with a bid amount of $461,132.50. The City noted in the bid tabulation that the value ofthe indemnification line item is incorrect. The corrected bid amount ie$481'147.5O. Kinn|ey- Honn reviewed the bid bodetermine ifthe bidder isresponsive and responsible. The results ofour review are as follows: • The bid amount is 20% less than the Engineer's Opinion of Probable Construction Cost provided byKim|ey-Hom • K]mley-Horn contacted the listed references for past performance input and received positive feedback from the five that responded • The bid appears to be comp|ete, in accordance with the Instructions to Bidders Based on the results of our review, it is our opinion that R&D Paving, LLC submitted the lowest responsive, responsible bid. Please contact me at (661) 840-0843 or should you have any questions. 8incerely, KIMLEY-HORN AND ASSOCIATES, INC. 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Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0314 Telephone: (561) 742-6322 ZTV�TM�*MPTMIM rlil! E 7 51 *4 4 1 Ro"T90 1j1MWWW114:,' -Au All awards made as a result of this bid shall oonlbrm to applicable sections of the charter and codes of the City. 72 -Telly- =-, W W I A Corporation of the State of: Fk or' dc� Telephone Number: Area Code: FAX Number: U S(4 I Sjgj ..... . ........... ...... . ................... . .................... . Mailing Address: LAoo F'YtC'4;tiVt_' su;+(- C-410— Id, City/StatelZip: F1 3401 A_ri e Sig�ature� �u E-mail: D61VI hQ C -6M Name Typed :zynton Beach Utilities — NW 1 1'h Avenue Reconstruction — Model Block THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 199 of 612 3 �, ' ALL FORMS AND DOCUMENTS MUST BE COMPLETED, SIGNED, SEALED AND/OR NOTARIZED AND SUBMITTED WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. ,*ARRANGE SUBMITTAL IN THE FOLLOWING ORDER" ; „r STATEMENT OF BIDDER'S QUALIFICATIONS , ATTACHMENTS Additional „d ,, rW. "m T1 TV7"11111161) JIM BIDDER'S I CONFIRMATION CONFIRMATION OF DRUG-FREE WORKPLACE INTS „NONCOLLUSION AFFIDAVIT PRIME , ANTI -KICKBACK TRENCH SAFETYy AFFIDAVIT , ACT ` WARRANTIESU, ZoYntony,Block COLA THIS PAGE MUST BE SUBMITTED ALONG VATH PROPOSALR, R BID PACKAGE CONSIDERED AND ACCEPTABLE Page 200 of 612 Boynton Beach Ublifies — NW I 11h Avenue Reconstruction — Model Block ,; THIS PAGE MUST BE SUBMITTEDIN ORDER FOR Page 201 of 612 CITY OF BOYNTON BEACF FLOVID&-- BID TITLE: NW 11 .. AVENUE RECONSTRUCTION — MODEL BLOCK BID NO.: 01 1-2821-18frP BIDDER: i none i AETIM - 0 gig NNW a lit—W transporrOxion, 177na 7prollu work specified by the Contract documents. MZMFW�-� Kimley-Horn and Associates, Inc. and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: Boynton Beach Utlifties — NW 11"' Avenue Reconstruction — Model Block A-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 202 of 612 j"3101" 11 4 1 011il 1 A -901tolal so I M av H w N M C q G - R o fs u , M Amq i A q vh (to by S��7,aL4 PRINreNAME OF RIEPRESENVATWE SICNAT-URE OF"REPRESENTATIVE NAME OF COi� DATE 31 a g, Addendum Nal NW I I" Avenue reconstruction — Model lock— BID No.011-2821-i Page 203 of 612 Ncureffmw Serpices 100 E Booynton Beach Boutepard Ba A 0. x310 Boynton Beach, Florida 33425-0310 Te4hone. (561) 742-6310 FAX- (561) 742-6316 j"3101" 11 4 1 011il 1 A -901tolal so I M av H w N M C q G - R o fs u , M Amq i A q vh (to by S��7,aL4 PRINreNAME OF RIEPRESENVATWE SICNAT-URE OF"REPRESENTATIVE NAME OF COi� DATE 31 a g, Addendum Nal NW I I" Avenue reconstruction — Model lock— BID No.011-2821-i Page 203 of 612 q TIL IrnR city ! 1 / /l Beach 15—R—INT—NAME OF AUTHORIZEQJ SIGNATURE OF AUTHORIZED REPRESENTATIVE ■ r NAME OF COMPANY DATE Page 204 of 612 The City of Boynton Beach FinancelProcurement Services 100 E, Boynton Beach Boulevard P. 0. Box 310 Bqwlo.rk -H�.,L- I W- L- a V f, Telephone: (561) 742-6310 742-6316 G R ,� 1 �,A r RESPONDENT MUST SIGN, DATE AND INCLUDE THIS -ACKNOWLEDGEMENT OF ADDENDUM NO. 3 WITH BID PACKAGE FOR SUBMITTAL TO BE CONSIDERE1 COMPLETE AND ACCEPTABLE. It N 7 PRINVW�ME OF A - HOR 21ED/ SUTA� OFV 9UTH�OR-JZED I " R� D PC46rict LLC - NAME OF COMPANY DATE AA , Page 205 of 612 Lell,] 4 N --I ItOTOM M?�Ii TiTIC illiNTM A. The work under this project consists of the reconstruction of NW 11 Avenue. Work includes demolition of eAsting underground utilities, exhitration trench, 800' of 8" C900 water main, sewer lat- p_ - pavement, concrete sidewalk, signing, pavement marking, street lighting conduit, undergrounding of power, telephone, and television utilities, landscaping, and gation. =*i RTO I i D P ri a Date: Submitted By: r\ LLC (BIDDER) J To furnish and deliver all matedals and to do and perform all WORK in accordance with the Bid Documents, �,s ullofs: 11"NO projeUr, I! i I I i i!11 I I I I I F6 11r 11101111011111111111 1 111 1 11 1 L11 I I 11511 Il' I I III 1 11111 1111 hhr.l psjacb must be able to document the required experience upon request. Boynton Beach Utilities- NW 1 1'h Avenue Reconstruction- Model Block HIP - I Page 206 of 612 IT7 with the CITY to perform and furnish all WORK as specified herein for the Contract Price a within the Contract Period indicated in this Bid. I 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (110) days after the date of CITY's Award Letter. Number Date Number Date y- 10 1 Is 4-12- 1B, b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. t. BIDDER proposes to furnish the WORK in conformity with the drawings and specificabons and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. MUM= :+,. t M -11 1 tol U U- Page 207 of 612 1-4 Page 208 of 612 10 ul mQ 0 qQ Cb 40 V3 La %- un M. 6c) ft 66 6111, Q T -j C -A C) 01 Lp L's Ln riL z "T N ID CD co Ns M cO 0 r - E rD T w 02= '&c cd 0 CL ® ECL 0 0-25 W U9 LU c E ;E '5 CL .0 w 0 '0 E .0 w C: 0 a) m CD a- z s 0 fnw :3 m cc In a w Lu - U) 0 z C14 m v LD (D J I- OD m 0 w Page 208 of 612 Page 209 of 612 ces F CO) 0 400 cwb ED 0 V M r N CL 00 1 cm 63 sm cm 40 62 Z UJ m D grL LL LU Ul 1 W Qi ... N4 is "'a Cik s ,4 f x., T' CIOt t... LJ L4f LL W V to to V7 T i r r r N cm N NLU N Page 209 of 612 Page 210 of 612 0 Q 40 vi J U; CO '41 C.1 Ln CZ) _j CP c%n cn Lp C.J 0 w z 0 Z n LJO .j -9 uj t Owu 00 LU ca co w 91.0 C 0 Z HO iL a CD LO (N uj P_ L. Z IZ 0) w Lu Lu Z n..i 0 000 IL P ff 0 3 00 > 13 co Z ul z C � 0 rg 0 j LLI 0 Z LL, 062 Z Z ui OD > Lu w 4 MM= C3 M AM D 0 :: I-- w LLI 0 CL 0 uj "E2 4) E _ID 9L ul 15 B 0 C I 20 (0) 4) E :E > 0 0) c 00 ca LL_ LL 17 7 0 Z LO N (0 C14 rl- cq co C14 CD N Lu CO �7) ce) cr) cn Lu Page 210 of 612 Page 211 of 612 uj CA LA LAI U -i 43 Q Z rT CD CA IC? LOO C20 ch 1 Q J VV L r V u to Do J CA p u T fY r N LW r Z UA ,® F C.4 Load ®q V! Z L i J Z Um W LU uj UJ ccQ M r LUL Z UA C ,C MID ca to x Ql 0. Inv w QY CID 12 i N — C T p OL E 41 T Ph 7 CYY Ch Cri Lu Page 211 of 612 Page 212 of 612 0 .c 06 LO b u d u7 F_ Oly Y Fco ui Oui® _ V 00 w co co w J C� LU 0 C O LU i o F LU CL -jZ X 000 to — 00ti o Lu ui U uj w Lu I.-�: FM lu C E Fco ui' cc 2 LM LM v; IL 0 ro _ EF C cm r_ o c c F01 ZI FA ar :3® c O rm L w ' �> r r r t r to 0 06 CL w LU lz F m� F o S Page 212 of 612 5. BIDDER agrees that the WORK will be substantially completed within 180 consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within -30— consecutive calendar days after the Notice of Substantial Completion. 6. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. FA I I 11 rk"Or, 171, 117 11. r, To 1 1-!!!. T Ton Contact Person Business Address City, State, Zip CodeWth fAtnLUA(h '__kjL 31qo Business Phone Number (5u"W- U -U— �1 Email Address wanqP(WOmin .11 m - — - ---------- --- - --------- --- Cell Phone Number EMMUI= License Number (Please Attach Copy) s. 9 FederalTaxlD# 45-414004 Federal Employment ID # Q C Su bm itted on this I I day of A p r i 1_ 2018. MIMIT-V= MI: T-1-1 a.-] I 11161 g:4 M b. (if a corporation) (Affix Seal) Signature of BIDD By C\ MING Aftested by Secretary Incorporated under the laws of the to of 'F t jj)( k 11"90 ]OMM 0 [01,1121.4 *1.1 ZL$M 0 WO&I NV] V ITJ I 10 011 NJ 10 1 q 14 LCI R -j M;M 2,01 TOKUti A tol ]Xeis] Z �-fl C 4'.14 Blois] 101=1 Page 213 of 612 CERTIFICATE I HEREBY CERTIFY that a meeting of the partners Of , a Partnership under the laws of the State of held on 2Q_, the following resolution was duly passed and adopted: "RESOLVED, that as of the Partnership, is hereby authorized to execute the Bid Form dated 20_ ��y the of the Partnership be the official act and deed of this Partnership." COUNTY OF Sworn to and subscribed before me on this day of __ 20-- by who 0 is personally known to me or who 0 has presented the following type of identification: -------- Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of V. n Beach Ufflrdes- NW 1 P Avenue Reconstruchon - Model Block BP - 10 oynto THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABL-Z Page 214 of 612 I HEREBY CERTIFY that a meeting of the Board of Directors of R k 1) FaVi LC a corporation under the laws of the StateofElorida- -- - held on Apr i 1 10 20 18 , thi� "RESOLVED, that as ft=aQir1Q ft1fril of the Corporation, is hereby authorized to execute the Bid Form dated A pril •2!0 20A that the execution thereof aftested this Corporation". I•S 1 -T11T!T1?!1 rgInsliallum-mr, TTn--m .N WITNESS WHEREOF, � have hereunto set my hand this IDday of A Pr* 20 [0' COUNTY OF POA M btaCkl Sworn to and subscribed before me on this Q-0 day of Agri I 20_& by WOM G. RAM), who is personally known to me or who 0 has presented the following 'I type of identification: OR -'TV ZT-T= v T Z T Z Z -TT -T T -- Printed, typed or stamped name of Notary and Commission Number Page 215 of 612 STATE OF FLORIDA KNOW ALL MEN BY THESE PRESENTS, that Q-eAYbq-UL- THE CONDITIOM OF THIS OBLIGATION IS SUCH, that whereas the Principal has (NW 11TH AVEMM RECON-STRUC'110IN — MOWER. SLOCK) NOWTHEREFORE, CThis bond is given to comply with Section 255.05 Florida Statutes, and any acfion insfitLftd by a claimant under this bond for payment must be in accordanoe with ft notioe and time limitation provisions in Section 255.05 (2), Flo0da StaftAes. Boynton Beach UMMes- NW 11"' Avenue RewnstrucUon —Model Blx)ck BB -1 THI$ PAGE TO BE SUBVITTED ALONG VIRTH PROPOSAL IN! VAT NESS WHEREOF, the above bounded parties have wmWted this instrument under tMjr Seyer.-I seals, "S 20th day of April 2018, being hereto affixed and these presents duly signed by b undersigned repmsentative, pursuart to authority of is governing body. R & D Paytg, LLC Name of Firm vl�� -- lirA '01-) ---- 44�1 - ",- "- e---% -- ---- ...... . .............. . .. ................... Y Qi nzed Si n.. of A nzed Offiwr(affixetd ��sSeal�) C. V%Oss 0 400 Executive Center Drive. 9210 Z. " ee I'll, I'll I'll J�oynton E3each Ulilides- NW 11' Avenue Recortstrucfm. — Model Stock BB -2 THIS PAGE TO BE SUBMMEDALONG MH PROPOSAL FCCI Insurance Compa�y Corporaip- StireV mfff� Sarasota, FL 34240 City and Rate USI InsuranGp ServicesLLQ-,,... Name of Local Insurance Agency I T"t CERTIMA:nt- As m CORPORATE PRiNCIPAL MOLAa Mervib-er-4w, carcify that I am ry c(i the Corporation named as Principal in the within bond; tit —L-61—faisigned the such Bid Bond on behalf of the Pirincipal, was then or,' such Corporation; that I know his signature, and his signature heWLo is genuine; and that such bond was duliy signed, sealed, and attested for and in behalf of such Corporation by authorib .1 of its governing body. seal � te (corpora) te sea� SOUTH CAROLINA STA TE OF PbMA COUNP( OF _ RICHLAND Before me, a Notary Public duly oommissioned, qualified and acting, personally appeared C. Criss Williams, Jr. 'to me vvell known, vjho being by me first duly sworn upon oath, says that he is the Altomey-in-Fact, for the FCCI Insurance and that he has been authorized by Power of Attorney to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. �A di ary Public for the State of South Carolina M My Y commission expires: 9/17/20243 Boynton Beach Whim- NVV I 1�'Avenue Reconsbucdon — Model Block BB -4 THIS PAGE TO BE SUM ITTED ALONG WITH PROPOSAL I CERTIFICATE AND AFFIDAVIT FOR BONDS Bond Amounic Name: Address: 6300 University Parkway CFLy/ StatSarasota® FL j'® 34240 Phone: 800-226-3224 This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above - 171 !, I 1 11 11 lip, !10 I! I I I I :'I P 111111 1 1 10-77-11W'All ]k 5174 W.175HRITW April 20, 2018 BWnton Beach Utftft- NW I I' Avenue Recortstwction — Model Mack BB -5 THIS PAGE TO BE SUBMITTED ALONG VWTH PROPOSAL 10-00052092 INMSURI FCCIGROUP More Know all men by these presents That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation') does make, constitute and appoint C. Criss Williams, Jr, Laura W; Dennison, Brian P, Cronin, Curtis A Weaver Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $7,500,000) $7.500,000 00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors That resolution also authorized any further action by the officers of the Company necessary to effect such transaction The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shalt be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which 4 is attached. In witness whereof, the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 25TH day of Se tember , 2016 . Attest: Crai hn n, President` SRAL=i Thom Koval Esq , EVP, Chie Officer, FOCI nsur oe Company =_ ', Govdcftent Affairs and Corporate Secretary FCC[ insurance Cornpany State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed tha- foregoing document for the purposes exp - -ssed therein. My commissi on expires9125/2020 WMyPWftShft6rjUi& rR o , 4x4MM Notary M67MI Mrs ! commissionMy expires! 9 r u '014ANtJ MA, III s., who is personally known to me and who 1, the undersigned Secretary of FOCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force dated this Thoma Koval, Esq ,EVP, Legal Officer, G r nt Affairs and o ry 140NA-3592-Najj-04, 8116 �'.1a:".6g7 a,� �,,,s ,y 0", h,...,r�; , � ,. 4�,..°t"Page 221 Of 612 ■ QUALIFICATIONS :v BID r f fly c *." +a - n is .: ,; i - " • M w cl •I z• _ f r';f f'. . r f f • it :. � w ; NIF 711 -7- to 11 Flo 41-j I IM IL - - - -- - - - - - - -- - -------------------- - - ------ 2. Number of years as a Contractor in this p of work - # � • Rif !i • � !11 � � !' -�' _ _..,m.,,! V�.`G-��`....�.... �i..........`.................................................�..,m,....,..«_..'....:.......1...7M...•.•...m•(........'......"......`........-............'..•....'..._,�..�.....-.., 4, The business i ole Proprietorship Partnership Corporation LL C address, number of surety _ agent who will provide the required bonds LQ - * 41 7. Have you ever failed to complete work awarded to you. If so, when, where and why? Boynton - ReconstructionModel Block:a THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER r • ' PACKAGE TO BE CONSIDEREDM ACCEPTABLE tm Page 222 of 612 8. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? Y -e 'C - ---- - - - - - - ---------------- 9. List Ms or GC's your company has worked for within the past three years. (List 2 other than those shown below) CMIGC Vi kA C 0 � Co 4 f No 1 IfLIVA Person: CM/GCTel. No 2 Person: l -, CW-Jyu&h Contact bk A IV 11'" Fax: 4 67) S71 t AWA 0-h fty� Your $ Project WO 10.1% N'(I+-b Location: RIVIt a Rmh, &Subcontract Date No I Soo, N, if ISA ifte-1- Amount'% %Jqk,SW.JJ2. Completed: Contracting,_, Con :c 11 Te: �W(004- 400 t F Pelzo a �R F L S ttnkcy 0-f Your $ Projectr $ a let Une Location: WaFt Subcontra Date AmountATt .00 Comp d:: lu Contracl Contact A UW� d1t a, Af F Tenaq we.., Your $ Project Location: Subcontract $ Date No 3 M&kalk-b ko.1011 AM, ft Amount:446S,1MAS Completed: CvAra )APBtA- 41%0 Ortv Contact Tel: ato� rk"Mr-TrM, I'm Your $ PrOPRA Location, Subcontract $ Date MA J%h Bfp&f 1, S4 1.1 S Completed: No I ___ I Amount:OW Contracting -M\)Jrx 04- ftxlrr) Contact Te14� 2-11 -162 t4 xmmm M77 17 MMI I xnm Boynton Beach LItilities — NW 11 th Avenue Reconstruction — Model Block 80-2 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 223 of 612 Your $ Proilect Dlfcovwfl)(C' LocaVo'.-6jftfl'j6jtJ,Pt Subcontract $ Date No 3 Arnount:4 Oi 161, 00 Completed: 411015 Contracting bool rq Mat 11 Contact 0 ALo gency: Person: RD Fax j I 12. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). IWUL-60-c-r . ........ . .................................... .. . ........ . .... ....................... E. .. . .... ...... ..... 13. State the name and licensing of the individual who will have personal supervision of the WORK 2111M r:111111 A 17, What equipment will you rent for the proposed WORK? --------------- — — ------- 18. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: M, W. ton Beach Utilities — NW 1 1'h Avenue Reconstruction — Model Block 8Q-3 moyn THIS PAGE TO 13E SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABL'P Page 224 of 612 19. List and describe all bankruptcy petifions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. -WA- 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (6) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. AI A — -------- .... . ...... . . . .................. . .... .............. .. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resMlution. 1 1.4 A goo 11 B -0-L a I Fvc c1fdor Boynton Beach Utilifies — NW 11"' Avenue ReconstnicUion — Model Block BQ - 4 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 225 of 612 24. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified r shown on the Drawings is submitting this Bid rorm.The Schedule of r Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following of material manufacturersand subcontractors whose- e services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on • r R ! R that the following list is not• but d the names • : manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering • i ♦ iR' . •i .• -- -- --` • -f. '.. - -... • ' M _.........._.......-`f ,.,.,............_ .................... ..... ___ _ M --- .......................... .�,.. 1 --hA2J-- " W .................. ......................... ... .....,........................ --- -------- -...........-_._-.�. Boynton Beach Utilifies — NW 11 1h Avenue Reconstruction — Model Block BQ -5 THIS PAGE TO BE SUBMITTED ALONG WITH 810 IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETEM ACCEPTABLE Page 226 of 612 The BIDDER acknowledges and understands that the information contained in tesponse to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. I he BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby from such authorization or the exercise thereof, including the dissemination of information requested above. • Boynton Beach Utilffies — NW I IgAvenue Reconstruction — Model Block 80-6 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 227 of 612 Edward Lynch, Chair Construction Industry Licensing Board Oscar Alvam7, Director Of Palm Beach county Named below is a Certified Contractor as outlined in the Standards to Pertorm unuor me prrfisiun6 *L SpecW Act Chapter 67-1876, Laws of Florida as arnended and as mandated by StAe Statute. NAME: NANCY GAYNAL ROSSO FIRM R & D PAVING LLC DBA 400 EXECUTIVE CENTER DR SUITE 210 WEST PALM BRACK FL 33401 issued : 08M812017 0�<� ANNE M. GANNON --- ...... . .. .... ......... CONSTITUTIONAL TAX COLLECTOR Sen,ing Palm Beach Cowdy Serving yDu. KRI, Pill 2 R "N'.7,07'rm Expiration date'. 09/30/2019 .. K m. WIDE IV uN lt ri L Wirt COUNTY P.O. Box 33M, West Palm Beach, FL M402-3353 **LOCATED Ar* www.pbctax.com Tel: (561) 35&22" 400 EXECUTIVE CENTER DR WEST PALM BEACH, FL 33401 R&D PAVING LLC R & D PAVING LLC 400 N EXECUTIVE CENTER DR STE 210 WEST PALM BEACH, Fl- 33401 STATE OF FLORIDA PALM BEACH COUNTY • RECEI). LBTR Number: 201358141 EXPIRES: SEPTEMBER 30,2018 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously clisplayed at the place of business and in such a manner as to be open to the View of the public. R&D PAVING LLC R & D PAVING LLC 400 N EXECUTIVE CENTER DR STE 21 ir 0912��M This receipt grants the privilege of engaging in or managing any business profession or occupation 1--fliflIA: TOM P-1 I ;A I Lei I re mi, J, 1*1 R7 q -73 W070 01 1-2821-18rrP DATE: nft(L�l 1,71 2-0 11 (9 o r-, n -le -1 VI -Na -6 fZ_ as an authorized representative of, (Print Name and Tiffe! of Representative) ?AV (�) 2S ILL -C, - (hereinafter called the bidder) located at (Print Nanie of Company) LA C50 �Wf-e—I.W10 e- �V H Lye 6 6, Lo P 8,R confirms that said 3,3q6l Company Address VIII W: I III A Tall= .i � 111 Nfi t CITY'S REPRESENTATIV SIGNATURE FOR MANDATORY ONLY DATE OF INSPECTION Boynton Beach Utilities — NW 11"' Avenue Reconstruction — Model Block B81 - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 229 of 612 N I T T jr-JjD4T,[-) processing be bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodes or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. �Vend-or'h'&gnature %orle-1 G%zoolinmeLliftj 7- 1 5 0 1 a 0 NAW49140MI 111 Page 230 of 612 TMEFTSO I ,, I A --I 1011140 Stateof County of VAOLn ry A. R o LI i) in first duly sworn, deposes and says that: V- -- I)S He ismaAaa,ha acmb-e?- of R 0 Q PaMa U,( (Title) U (Name of Corporagon or Firm) the bidder that has submitted the attached bid- I 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, represent-Aves, employees or parties in interest including this affiaryt, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has b^ - a -d ebmitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this afflant. -4 :A LIZ :17a4 1:1144 a =F : rj : Page 231 of 612 STATE OF FLORIDA ) COUNTY OF PALM BEACH Swom andsubscribed before this day of ri 20 jb_ 151 1/�� _R - of i .: at Large =F_-xp�jms04125120r2G1 t' r 00=1 NA F.11111111 ! ..• BeachBoynton Reconstruction —Model THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR # PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 232 of 612 AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. Thiz incorporates Occupational iSafety aHealthAdministration a revised ! ' ti.! standards, citation 29 CFR.S.1926.650, as Florida's own standards. with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. applicable trench safety standards. REQUIRES PROPOSERS APPROPRIATE DETAILS DE HEADINGS:THE FOLLOWING Description _ ! • l's ' • 4LOI• !: IN 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, • •throughout- duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor• r • - of - safety terms, regulations requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. moynton Beach UVilifies - NW 11"' Avenue Reconstruction - Model Block SPC - I THIS PAGE TO BEsuaMITTED ALONG WITH PROPOSALORDER FOR TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 234 of 612 00 EXECUTIVE CENTER, STE 210 ST PALM BEACIL ( 1) Fax (561) 284-6541 Page 235 of 612 Safety Policy Page 3 Assignment of Responsibilities Page 4 Employee Placement Page 4 Indoctrination & Training Page 5 Accident Reporting and Discussions Page 5 Accident Investigation Page 5 Personal Protective Equipment Page 6 Safety Rules and Procedures Page 6 Safety Meetings and Training Page 6 Vehicle Operations Page 7 Safety Inspections Page 8 Hazard Communication Program Page 9 Material Safety Data Sheets Forms Accident Investigation Report Job Site Inspection Checklist Page 2 Page 236 of 612 ` - ` OPERATION.EMPLOYEES. ACCIDENT PREVENTION IS ESSENTIAL IN MAINTAINING AN EFFICIENT President Date im Page 237 of 612 ASSIGNMENT OF RESPONSIBILITIES: ComDanv Management Has overall responsibility for the company's safety program and regularly reaffirms support for loss control activities Insures that all employees are informed of top management's commitment to safety and the abidance of all federal, state, and local regulations. Establish company safety rules and programs, and provides supervision with the backing, training and funds to implement these rules and programs. Sgfi!.V Coordinator Responsible for implementation and monitoring the safety program. Reviews and fjvaintaM hofal regulations. Implements and monitors safety training programs and provides safety materials as needed. Assists site supervision in accident investigation and recommends controls to prevent a Sgpervisors / Foremen Responsible for the safety of their employees and oversees the compliance with the safety program and applicable state, federal, and local regulations. Arranges for prompt medical attention in case of an injury and provides a through written investigative report with recommendations to prevent a reoccurrence. Employees Responsible for learning and abiding by the rules and regulations which are applicable to their assigned tasks. Perform their functions in the safest possible manner and encourage co-workers to do likewise. The applicant will be interviewed by an R & D PAVING supervisor that is familiar with the physical and mental requirements for the job. Areas that include prior employment, health recVia.d, prior job injuries, and illness will be discussed to assist in determining applicant's capabilities for performing the job. Notes on the discussion can he recorded an the back of the Employee Questionnaire. Where possible to do so, telephone reference checks will be made with at least two prior employers. trailer, a current, valid driver's license is required. 7he license number and expiration date will be recorded in the employee's file. Page 238 of 612 proper fall protection. bums, etc. are required to�we'ar gloves. Closed Shoes — All employees involved in field operations are required to wear closed i, i; J Other - Specific jobs may cause the need for other personal protective equipment. When this occurs, the employee is expected to utilize this equipment. It is the Job Superintendents responsty to see that equipment in use be appropriate and in good condition. SAFETY RULES AND PROCEDURES - M I sun =X*14 6"Cul Employees should report any equipment or condition considered to be unsafe, as well as what they consider to be unsafe work practices. This type of information should be reported to the Superintendent or to the person in charge of the job. Be courteous. Avoid distracting others as distractions may cause or contribute to accidents. Do not engage in horseplay on the job. When lifting, bend your knees, grasp the load firmly, then raise the load with your legs, keeping the back as straight as possible. Don!t twist body with a load, move your feet. GET HELP for HEAVY LOADS. -Saloxj, -1,1 a S1 is X noiTll C-11111 -uperurtenaent to find the proper procedure. Good housekeeping practices improves the safi* for everyone. When you create clutter, clean it up. When clutter is left in the work area by someone else, clean it up and report this to the Superintendent. Page 240 of 612 The possession or consumption of alcohol, drugs or any control substance is against policy and violators are subject to dismissal. SAFETY MEETINGS AND TRAINING protective equipment ano He im 17, -T119`8710; I Uommurucationrrogram. Employees will be provided with a copy of the Safety Rules and Procedures and the employee handout on the Hazard Communication Program. to review jobsite accidents, near misses, required training, unsafe conditions/acts noted on safety inspections, etc. Job Site Sdgty MegiUs - The Superintendent will conduct an on-the-job safety meeting each month. The meeting should last no longer than fifteen minutes. Topics for the meetings should be timely and may include: accidents/injuries/near misses and what needs to be done to prevent accidents from reoccurring; review of safety rules not being followed; proper use and care of personal protective equipment; input from employees on how job safety can be improved; new products/methods being used; safer methods to utilize on the job; and other appropriate topics. e sut) ient nill recovi. frexw -f %Y, as t-*) *Acs disewqs , &t&,Q.TA,'gjAg.tce h VEHICLE OPERATIONS: When driving a company vehicle or their personal vehicle on company business, all traffic laws must be obeyed and driver and any passengers in the front seat must wear a seat belt. SAFETY INSPECTIONS: Page 241 of 612 be limited to, proper tools on the job site to do the job safely, any unusual hazards, such as stumbling hazards or fall exposure, any overhead objects that could fall on, any special personal protective equipment needed or special procedures due to job location, areas -operations known job or location. The results of each internal inspection will be recorded on the JOB SITE INSPECTION FORM. Page 242 of 612 GENERAL INFOMATION 111j[1TPjU4K1X*[q1W"1? I IIIM EMPTEE TRAINING ANO INFORMATION TOO" Y#� '11 1 =14 11 . 9 elements specified below are carried out. Prior to starting work each new employee ot R & ID PAVING will receive informatior t. rt tainnon the following: - An overview of the requirements contained in the Hazard Communication Standard. - Chemicals present in their workplace operations - Location and availability of our written hazard communication program, -Physical and health effects of the hazardous chemicals. -Methods and observation techniques used to determine the presence or release of hazardous chemicals in the work area. -How to lessen or prevent exposure to these hazardous chemicals through usage of control/work practices and personal protective equipment. -Steps R & D PAVING has taken to lessen or prevent exposure to these chemicals. -Emergency procedures to follow if they are exposed to these chemicals. -How to read labels and review MSDS's to obtain appropriate hazard information. I UgL&g Prior to a new chemical hazard being introduced into any section of this company, each employee of that section will be given information as outlined above. Meagan Martin &/or the Job Superintendent is responsible for ensuring that MSDS on the new chemicals are available. Page 243 of 612 Written Hazard Communication Program in the company's operations and processes. The following program outlines how we will accomplish this objective. SCOPE This policy covers all potential workplace exposures involving hazardous substances as defined by federal, state and local regulations. HAZARD DETERMINATION The company does not intend to evaluate any of the hazardous substances purchased from suppliers and/or manufacturers but have chosen to rely upon the evaluation performed by the suppliers or by the manufacturers of the substances to satisfy the requirements for hazard determination. CONTAINER LABELU!"G No container or hazardous substances will be released for use unless the container is correctly labeled and the label is legible. All chemicals in bags, drums, barrels, bottles, boxes, cans, cylinders, reaction vessels, storage tanks, or the like will be checked by the receiving department to ensure the manufacturer's label is intact, is legible, and has not been damaged in any manner during shipment. Any containers found to have damaged labels will be quarantined until a new label has been installed. The label must contain the chemical name of the contents, the appropriate hazard warnings, an4 the name and address of the manufacturer, and any other information required. All secondary containers shall be labeled. The information must include details of all chemicals that are in the referenced container. MATERIAL SAFETY DATA SHEETS (MSDS) Each location must maintain a master MSDS file as well as a department -specific file. These Material Safety Data Sheets are available to all employees, at all times, upon request. The Safety Committee or a designee will be responsible for reviewing all incoming MSDSs for new and significant health/safety information (the company will ensure that any new information is passed on to the employees involved). The Safety Coordinator or designee will review all incoming MSDSs for completeness. If any MSDS is missing or obviously incomplete, a new MSDS will be requested from the manufacturer or distributor, OSHA is to be notified if the manufacturer or distributor will not Page 244 of 612 LIST OF HAZARDOUS SUBSTANCES Each company should compile, annually review, and update as necessary a complete inventory of all substances present in that facility. The name of those materials determined to be hazardous are defined in applicable federal and state standards. ENWLOYEE INFORMATION AND TRAR41NG All employees will attend an orientation meeting for information and training on the following items prior to starting work with hazardous substances; (Training CHECKLIST is to be completed and kept on file.) An overview of the re uirements of the Hazard Communication Standard. WMA vtj'l RUM P I T ftefresher training shall be conducted annually. it is most important that all of our employees understand the information given in the orientati C' eetings. Questions regarding this information should be directed to the Safety Coordinator. When new substances are introduced into the workiDlace the deDartment m"er will revieA all the above information to new employees who will be working with hazardous substancel 1_,xior to their starting work. An Acknowledgment Statement is to be completed by each employee receiving this information and training. These are to be kept on file in the human resourc department. NON -ROUTINE- TASKS re.i 1&2�1 1 itl es M33L Page 245 of 612 hazardous substances. Prior to starting work on such projects, each involved employee will be given information by his or her supervisor about hazards to which they may be exposed during such an activity. This information will include: The specific hazards. Protective/safety measures that must be utilized. The measures the company has taken to lessen the hazards, including special ventilation, respirators, the presence of another employee, air sample readings, and emergency procedures. Page 246 of 612 imm Page 247 of 612 f. Information: Has the employee been informed of the following? YES NO The requirements of this section. Any operation in the work area where hazardous substances are Rresent. The location of the written Hazard Communication Program. Availability of the written program. Location and availability of hazardous substances list(s). Location and availabty of Material Safety Data Sheets. 2. Training: Has the employee been trained in the following? M ods and observations that may be used to detect the presence or release of hazardous substances in the work areas. The physical and health hazards of the substances in the work areas. How eemplayees can prot ec.t themselves from these h9 -7,-m& Procedures the employer has implemented for employee protection. Appropriate work practices. Emergency procedures. Personal protective equipment to be used. Explanation of labeling systems. Explanation of material safety data sheets. WWO-1 I -r -I I information. Personal hygiene when working with substances. General first aid for contact with hazardous substances. Employee Signature, Date Manager's Signature, Date Page 248 of 612 REQUEST FOR MATERIAL SAFETY DATA SHEETS Date of Request Department TO From - 11i ip�ffjm 11111111111111 1 'i I reli PEW Date Received Acknowledge Department Manager Date cc: Corporate Safety Deka :t Omm Page 249 of 612 PROGRAM,rfRAIINING DOCUMENT I have, received information on the Hazard Communication Standard 29 CFR 1910.1200 or the appropriate state standard and -understand how to interpret and to use the labeling systems and Material Safety Data Sheets (1\4SDSs) that are in use and accessible to me in my work area. I attended on at Employee Signature Date The above named employee has been informed and instructed by work practices, chemical hazards recognition, interpretation and use of chemical labels, MSDSs, the CFR 29, 1910.1200 (e) or appropriate state standard and the location at which these items are accessible to the employee. Date Page 250 of 612 SECTION I Chemical Name and non ms--The oduct identific i n ne Page 251 of 612 H1 1rNA the product. Flammable Limits—The range of gas or vapor concentration (percent by volume in air) that will bum or explode if an ignition source is present. (Lel) means the lower explosive limits and (Uel) the upper explosive limits given in percent. Extinguishing Media—Specifies the fire -fighting agent(s) that should be used to extinguish fires. Special Fire -Fighting Procedures/Unusual Fire and Explosion Hazards—Refer to special procedures required if unusual fire or explosion hazards are involved. Page 252 of 612 Chemical Identity Label/SpecialInformation CAS 0 or Serial VendcU SAFETYMATERIAL Page 253 of 612 0 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to tlh� request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all !"fcts; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof, and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and Boynton Beach Utilities — NW I I"' Avenue Reconstruction — Model Block THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 254 of 612 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; i go -M-1 �IQJIMV=j Its 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on thisl0day of A 11 1 .2018. 9 (SEAL) ATTEST: mtm be, - 9 ff FAT, :Aii I JIF2 Ny'�� Boynton Beach Utilities — NW 11" Avenue Reconstruction —Model Block WAR -2 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 255 of 612 0 r� Page 256 of 612 J X11 1 : � H Cl�Yl�:�lJI 1►M i<� 1Z+K� � 17��1 # a "i � I' i 9 Vendor: Vendor's Authorized Representative Name and Title: NOn(V G. QLyf0lM=4i6 & _State: .-*hone Nu-. 6t' B SudanSection 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in or the Scrutinized Companies Petroleum Energy Sector - created pursuant to sectionFlorida ScrutinizedThis requirement is not applicable to federally funded contracts. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Companies with Activitiesd_ or _w Companies Activities in the Iran Petroleum Energy Sector List- I understand that pursuant to section Florida287.135, Statutes,the submission of ♦_ penalties,r"ney's fees, and/or costs. ■ r �# 1Rin a R'IIn. -9 1 Authorized ,i Print Name and \ Cf D' 'Aoynton Beach Utifidies - NW I 11h Avenue Reconstruclion - Model Block VCRSCL-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 257 of 612 LA. 0 -q ail :3 A @3 9 =rio =1 C � 0 rt ca Ir 0 an 0 CL 0 Ogg 10 Z go @ a -03 -r ca w it -0 CL z :3 =r CD0 OCL M M CD CL a a @ CL, 0-0 > 0 -0 =L CPrn 0 8 :C30 CO j3 0) w CL 0 0 —:3 r (p z C C7 r - m r- rr CL CL ,n 0 20 CA ID v C-11 S., 0) CL —03. CL w 0 > C) Er = = 1> = M 0 M 0 0 r 0 G) 0 M U) IS C) 0 M M 0 CO Z r- (D M rr.0 M 0 (D 0•00 M w ca 0 c 0 CL @ M z 0 00 z M M 0 IM 0 > M CL M F — O =r iY 0 00 =Oh i 3 M 0 Z =r 0) CL 0 0 0 z CA > M 0 r Z z 0 M 0 M W 0 m M M r M CD _0 M r -n 0 VOL DO) CL CL C> 8 CL FL w Q = ® CL V 0 m 0;w =r 0 5:3 =r M 0 C) W 10 th 117 :3 CL r CD rb, Ey r w Page 258 of 612 o p �► -# .- ' . _ r .r # subcontractors # lower tier subcontractors. tim0179, i A O e] 0 11 ; l •: i !. f Boynton -«.nstruction —Model Block0 ALONGTHIS PAGE TO BE SUBMITTED ^ r ORDER FOR - •- • BE CONSIDERED COMPLETE AND ACCEPTABLE Page 259 of 612 or Print Name: Signature. ***FOR PURCHASING USE ONLY*** Business License 0 Year Established- [:] Active., Verified by: __ Date: Boynton Beach Utilities — NW I I *Avenue Reconstruefion —Model Block LBSCA THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 260 of 612 vo M� WE, the undersigned have declined to respond to your Bid No. 011-2821-ISITP for NW 11 TH AVENUE RECONSTRUCTION — MODEL BLOCK because of the following reasons: Specifications too 'tight', i.e., geared toward brand or manufacturer only f ,,explain below) Insufficient time to respond tot Invitation Unable to meet specifications Unable to meet bond requirements Other (specify below) REMARKS: Boynton Beach Utilities — MW 11"' Avenue Reconstruction —Model Block NB -1 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Page 261 of 612 I -- --- ----------- -------- --- --- ---------- ------------ --- ---- -------------- - - --- - -------------------- --- ----------------------------------- --- ---------------- ------ -- - a a Page 262 of 612 7.B. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18- 071- Authorize the City Manager to sign a contract with Ric -Man International, Inc. for "PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II"; as a result of RFQ No.037-2821-17/TP in the amount of $3,233,885,33 for Design services, and a total project value of $10,000,000. EXPLANATION OF REQUEST: Central Seacrest Corridor Utility Improvements Phase II includes replacing and rehabilitating all utility infrastructure located within the project area including water line replacement, sewer system rehabilitation, drainage improvements, sidewalks, road resurfacing and landscape improvements. The project also includes construction of a new forcemain through the project area and across the intracoastal waterway to serve several new developments and existing condominiums in Ocean Ridge. On November 7, 2017 the City Commission approved the list of ranked proposers as determined by the Evaluation Committee in response to the Request for Qualifications (RFQ) for the "Progressive Design Build for Central Seacrest Corridor Utility Improvements Phase I I", 037-2821-17/TP and authorized staff to commence negotiations with the top ranked qualifier. As a result of these negotiations staff is recommending a contract with Ric -Man International, Inc., to provide Design Services which includes design criteria review and value engineering, design development and early construction activities which include sidewalk and driveway apron construction, tree removal/relocation and water line replacement. The contract also includes a Design -Build fee which is the Design -Builders overhead and profit for the project. As a result of these negotiations this is fixed within this contract at 6.00%. The delivery process chosen for this project will allow the City to review multiple alternatives for each project component to provide the required improvements, meeting permit constraints, at the lowest cost. All design options will be reviewed and those that are feasible will have their cost estimated by the team. The cost estimates will then be used to select the final design and subsequently the Guaranteed Maximum Price (GMP). Design Services will enable the City and the Design -Builder to develop a GMP for the completion of the project. This price will be presented to the Commission as a contract amendment for approval. If an acceptable GMP cannot be negotiated, the City will have the option to not accept the GMP, accept ownership of all work to date and proceed to completion of the project utilizing separate design and construction contracts utilizing a Design/Bid/Build procurement methodology. The GMP will be developed on an open book basis allowing staff to review all project costs, bids or estimates used to determine price. All portions of the project identified for competitive bidding will include either a bid price or a not to exceed allowance for the project component. The proposed contract includes the current budget for Phase I I of the project which will be adjusted with a change order with the approval by Commission of the final GMP. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The use of Progressive Design Build as a contracting mechanism has significant advantages to the City of Boynton Beach compared to the traditional Design, Bid, and Build methodology. This methodology will provide one contractor teamed with City staff to deliver a cost efficient project. This project delivery method removes the adversarial nature that is typical when separate contracts are issued for design and construction Page 263 of 612 with each team managing risks to meet their needs. Instead each team member, the Design Engineer, General Contractor and the City, work together as a team on all aspects of the work developing a quality project at the lowest possible cost. All risks are shared equally amongst the team members so that maximum savings can be achieved within a quick project delivery schedule. Because of these factors Progressive Design Build is becoming a favored method of project delivery. Completion of the project will provide the following benefits: Potable Water: • Improve water pressure, quality and quantity delivered to customers • Replacement of old and damaged water pipelines • Improve neighborhood fire protection be adding more hydrants Wastewater Collection: • Provide improved wastewater transmission capability • Provide expanded service requested by multiple Ocean Ridge Customers. Neighborhood Improvements: • I nstall additional and replace damaged sidewalks and driveway aprons • Provide roadway pavement overlay Stormwater management: • Reduction of nuisance flooding after small rain storms • Assist with improving rain runoff water quality by adding roadside swales FISCAL IMPACT: Funding for this project is approved in the Utility CI P under the following funds: - 403 -5010-538-65.09 STM 022 403-5000-533-65.02 W TR 106 ALTERNATIVES: Reject the proposal from the Design -Build contractor and direct staff to complete the project using a different procurement method or cancel the project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 264 of 612 ATTACHMENTS: Type Description Resolution approving Contract with Ric -Man for Phase I I Central Seacrest Corridor Page 265 of 612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH RIC -MAN INTERNATIONAL, INC. FOR "PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE IP"; AS A RESULT OF RFQ NO.037-2821-17/TP IN THE AMOUNT OF $3,233,885,33 FOR DESIGN SERVICES, AND A TOTAL PROJECT VALUE OF $10,000,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 7, 2017, the City Commission approved the list of ranked proposers as determined by the Evaluation Committee in response to the Request for Qualifications (RFQ) for the "Progressive Design Build for Central Seacrest Corridor Utility Improvements Phase II", 037-2821-17/TP and authorized staff to commence negotiations with the top ranked qualifier; and WHEREAS, as a result of these negotiations staff is recommending a contract with Ric -Man International, Inc., to provide Design Services which includes design criteria review and value engineering, design development and early construction activities which include sidewalk and driveway apron construction, tree removal/relocation and water line replacement; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize the City Manager to sign a contract with Ric -Man International, Inc. For "Progressive Design Build for Central Seacrest Corridor Utility Improvements Phase II"; as a result of RFQ No.037-2821-17/TP in the amount of $3,233,885,33 for Design Services, and a total project value of $10,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\75BF0686-618D-4906-B6EB-CA4618F140B9\Boynton Beach. 10438.1.Avward_Contract_to_Ric- Man_(Central_Seacrest_Corridor _ Phase _I1). doc Page 266 of 612 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission of the City of Boynton Beach, Florida does 36 hereby authorize the City Manager to sign a contract with Ric -Man International, Inc. For 37 "Progressive Design Build for Central Seacrest Corridor Utility Improvements Phase H"; as a 38 result of RFQ No.037-2821-17/TP in the amount of $3,233,885,33 for Design Services, and 39 a total project value of $10,000,000, a copy of which is attached hereto as Exhibit "A". 40 Section 3. The City Manager is authorized to execute the contract on behalf of 41 the City Commission. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\75BF0686-618D-4906-B6EB-CA4618F140B9\Boynton Beach. 10438.1.Avward_Contract_to_Ric- Man_(Central_Seacrest_Corridor _ Phase _I1). doc Page 267 of 612 65 66 (Corporate Seal) 67 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\75BF0686-618D-4906-B6EB-CA4618F140B9\Boynton Beach. 10438.1.Avward_Contract_to_Ric- Man_(Central_Seacrest_Corridor _ Phase _I1). doc Page 268 of 612 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II This AGREEMENT is made effective as of May _, 2018, by and between the following parties, for services in connection with the Project identified below: OWNER: The City of Boynton Beach, Florida 100 E. Boynton Beach Boulevard PO Box 310 Boynton Beach, FL 33425-0310 DESIGN -BUILDER: RIC -MAN Int. Inc. 1545 NW 27TH Ave. Pompano Beach, Fl. 33069 PROJECT: Progressive Design -Build Central Seacrest Corridor Utility Improvements Phase II WHEREAS, the CITY solicited proposals from qualified Design -Build Firms to design, furnish and construct the Central Seacrest Corridor Utilities Improvements - Contract 2. The project includes but is not limited to potable water main replacements, reclaimed water main extensions, a forcemain and stormwater system upgrades, including landscape removal and relocation, exfiltration trench installations, pavement overlay and miscellaneous upgrades to driveway aprons and sidewalks. The terms Phase 2 and Contract 2 are used interchangeably in the document, which mean the same. The project area is bordered on the north by the south right -of way line SW 4th Avenue, on the east by the FEC Railroad, on the south by Woolbright Road, and on the west by Interstate 95. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services, and WHEREAS, at its meeting November 7, 2017 the CITY Commission confirmed the short list and authorized the proper CITY officials to negotiate this Contract herein after referred to as Contract No.: ; and WHEREAS, CITY and DESIGN -BUILDER, in reliance on the proposals set forth in the RFQ and as later approved and ratified by the CITY as herein above described, now desire to enter into this Agreement respecting the Project; and WHEREAS, CITY has determined that entering into this Agreement with DESIGN -BUILDER for the design and construction of the Project contemplated by this Agreement is in the best interests of the health, safety, and welfare of the citizens and residents of the CITY of Boynton Beach, Florida; and Page I Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II WHEREAS, because there will be inherent efficiencies and economies achieved by the CITY which will be in the best interest of the health, safety and welfare of the citizens and residents of and the CITY of Boynton Beach, Florida, the CITY has determined it is appropriate to enter into this Agreement embracing the design and construction of the Project, all as more fully set forth below; hl consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder now agree as follows: Article 1.0 Scope of Work 1.1 Phased Delivery. Owner and Design -Builder will implement the Project on a phased basis. 1.2 Phase 1 Services. Owner has selected Design -Builder on the basis of Design -Builder's Qualifications for the performance of design, pricing, and other services for the Project during Phase 1. Design -Builder shall perform such services to the level of completion required for Design -Builder to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B. Design -Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase I, of Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in Attachment A, Scope of Work (either as a percentage of design completion or by defined deliverables). 1.3 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project, the start-up, testing, and commissioning of the Project, and the provision of warranty services, all as further described in Attachment A, Scope of Work. Upon receipt of Design -Builder's proposed Contract Price for Phase 2, Owner may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services, or (b) enter into a negotiation with Design -Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed, or (c) reject Design -Builder's proposal for Phase 2 and either (i) cancel the Project, (ii) proceed with another Design -Builder, or (iii) exercise the "off -ramp" final design provisions of Section 1.4, Off -Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2, Phase 2, of Attachment B, Compensation, when mutually agreed between the parties. Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design - Builder shall perform the Phase 2 services, all as further described in Attachment A, Scope of Work, as it may be revised. 1.4 Off -Ramp 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design -Builder's services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 ("Phase 2 Services") and certain design subconsultants are not available to continue working on the Project. Consequently, Design - Builder hereby agrees that if Owner terminates Design -Builder for any reason, Owner shall have the right to contract directly with such design subconsultants for design -related services on this Page 2 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Project, and Design -Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design -Builder shall provide in any design sub consultancy agreements that Owner shall have the right to negotiate directly with such design subconsultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.4.2 If the parties are unable to reach an agreement on Design -Builder's proposed Contract Price for Phase 2 under Section 1.3 Within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 1.4.2.1 Owner may declare Phase 1 Services completed and authorize Design -Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or 1.4.2.2 Owner may terminate the relationship with Design -Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design -Builder. 1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design -Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design -Builder's notice, then this Agreement shall be deemed completed. 1.4.4 If Owner terminates the relationship with Design -Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design -Builder shall have no further liability or obligations to Owner under this Agreement. 1.5 Completion. Once Design -Builder has received a Notice to Proceed with Phase 2, Design - Builder shall perform all design and construction services, and provide all material, equipment, tools, labor, manuals, and start-up and commissioning services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents. Following Substantial Completion of the Work, Design -Builder shall conduct performance tests to demonstrate that the Project Performance Criteria have been met, as a condition for Final Acceptance. Article 2.0 Contract Documents 2.1 Contract Documents. The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments and change orders to this Agreement issued in accordance with Attachment D, General Conditions; 2.1.2 Written Supplementary Conditions, if any, to the General Conditions; 2.1.3 This Agreement, including all exhibits and the following attachments: Attachment A. Scope of Work Section 1 Phase 1 Scope of Work Page 3 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Section 2 Phase 2 Scope of Work Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance & Bonding Attachment F Owner's Permit List Attachment G Special Conditions Attachment H Phase One -Design Development / Guaranteed Maximum Price Development/ Scope of Work 2.1.4 Construction Documents prepared and reviewed in accordance with GC 2.4; 2.1.5 The following other documents, if any, attached by reference hereto: • Request for Qualifications (RFQ) No. 037-2821-17TP, Appendices and Addendum • Utility Technical Specifications (in project e -Builder folders) Article 3.0 Interpretation and Intent 3.1 Contract Documents. The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Phase 1 Compensation and the agreed Contract Price for Phase 2 Services. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in which they are listed in Section 2.1 hereof. 3.2 Meanings. Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in GC 1.2. 3.3 E Entire Agreement. The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein in their entirety. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner, and any Sub -Contractor or Sub -Sub Contractor. 3.4 Intent. It is the intent of the Contract Documents to describe a functionally complete project consisting of total design performed by the design professional and construction to be completed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well - Page 4 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Design -Builder, or any of their consultants, agents or employees from those set forth in the Contract Documents. 3.5 Amending and Supplementing Contract Documents. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1 A Change Order; 3.5.2 A Written Amendment; or 3.5.3 Work Change Directive Article 4.0 Ownership of Work Product Work Product. All reports, drawings, specifications, plans, and all other documents and data developed by Design Builder for Owner under this Agreement and under all Task Orders shall be the property of OWNER upon Owner's payment in full without restriction or limitation. Reuse of these documents for other projects, later remodeling, or future additions shall be at Owner's sole risk and without any liability to Design Builder. Article 5.0 Contract Time 5.1 Dates of Commencement. 5.1.1 Design -Builder's Phase 1 Services shall commence within five (5) days of Design -Builder's receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing. The parties shall use their best efforts to complete the Phase 1 Services within the time durations detailed in Attachment H. Section Entitled; "TIME OF COMPLETION/ SCHEDULE". 5.1.2 The Phase 2 Services shall commence on the date within five (5) days of Design -Builder's receipt of Owner's Phase 2 Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than O calendar days after the Date of Commencement or as mutually agreed to by the Owner and Design -Builder ("Scheduled Substantial Completion Date"). Page 5 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C, Schedule. 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved within Sixty (60) calendar days after Substantial Completion. 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design -Builder mutually agree that time is of great importance with respect to the dates and times set forth in the Contract Documents. Owner agrees to provide all site access, materials, information, data, and approvals required under the Contract Documents in a timely manner, as required for Design -Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. 5.4 Liquidated Damages. 5.4.1 Design -Builder understands that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date, up to a maximum of One hundred Thousand Dollars ($100,000.00). The foregoing liquidated damages (the "Liquidated Damages") shall be in lieu of all other monetary remedies that the Owner shall have in the event of the Design's delay in completing the Work and the aggregate of all Liquidated Damages shall be capped at the Design Builder's fee pursuant to the Schedule of Value for that Purchase Order and /or phase GMP. After Substantial Completion of the work set forth in each Notice to Proceed, should Design- Builder neglect, refuse or fail to complete the remaining work in the Notice to Proceed for the work within SIXTY (60) calendar days from the Substantial Completion date or any approved extension thereof, Design -Builder shall pay to Owner of sum of ONE THOUSAND DOLLARS, ($1,000.00) for each calendar day after the time above (plus approved extensions) until final completion and readiness for final payment. These amounts are not penalties but liquidated damages to Owner. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Owner as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Design Builder to complete the Contract on time. The foregoing liquidated damages (the "Liquidated Damages") shall be in lieu of all other monetary remedies that the Owner shall have in the event of the Design's delay in completing the Work and the aggregate of all Liquidated Damages shall be capped at the Design Builder's fee pursuant to the Schedule of Value for that Purchase Order and /or phase GMP. Page 6 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.4.2 Owner is authorized to deduct accrued liquidated damage amounts from the monies due Design - Builder for work under this Agreement provided however, Owner may not make such deductions until after the Contract time has expired, and credited against retainage initially. 5.5 Early Completion Bonus. If Substantial Completion is achieved on or before (__) days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Design - Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Eight Hundred Dollars ($800.00) for each day that Substantial Completion is achieved earlier than the Bonus Date. Such Early Completion bonus shall not exceed Sixty Thousand Dollars ($60,000.00) in the aggregate. Article 6.0 Compensation and Contract Price 6.1 Phase 1 Compensation. For the Phase 1 Services, Owner shall pay Design—Builder compensation in. accordance with Section 1, Phase 1, of Attachment B, Compensation. 6.2 Phase 2 Contract Price. For the Phase 2 Services, Owner shall pay Design -Builder in accordance with Section 2, Phase 2, of Attachment B, Compensation, an agreed Contract Price equal to Design -Builder's Fee (as defined in Attachment B) plus the Cost of the Work (as defined in Attachment B), subject to adjustments made in accordance with the General Conditions. Article 7.0 Procedure for Payment 7.1 Payment for Phase 1 Services 7.1.1 Owner shall compensate Design -Builder monthly for Phase 1 Services performed under the Agreement per Attachment B, Section 1. 7.1.2 Owner shall pay Design -Builder for Phase 1 Services within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5 .1 ("Payment for Phase 1 Services") and 5.4 ("Withholding of Payments"). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of Zero dollars ($0) shall be made upon execution of this Agreement and credited to Owner's account at final payment. 7.2.2 Design -Builder shall submit to Owner on or before the tenth (10th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with GC 5.3 ("Monthly Progress Payments for Phase 2 Services"). 7.2.3 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Attachment D - GC 5.3, but in each case less the total of payments previously made, and less any amounts properly withheld under GC 5.4 ("Withholding of Payments") and Section 7.3 below ("Retainage on Progress Payments"). Page 7 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 7.2.4 If Design -Builder's Fee is a fixed amount, the amount of Design -Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design - Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain & percent (10%) of each Application for Payment provided, however, that when fifty percent (50%) of the Work has been completed by Design -Builder, and if the Work is proceeding satisfactorily, then Owner will not retain any additional amounts from Design - Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.4 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to GC 5.7 ("Substantial Completion"), Owner shall release to Design—Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion or other withholdings pursuant to GC 5.4.Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with GC 5.8 ("Final Payment"). Owner shall make payment on Design -Builder's properly submitted and accurate Final Application for Payment within thirty (30) days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in GC 5.8.2. 7.5 Record Keeping and Financial Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work, including the development and agreement upon the Contract Price for Phase 2 Services. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner's utility accounting purposes. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design - Builder shall preserve for a period of three (3) years after Final Payment, provided, however, that such access, review, and audit rights shall not extend to any compensation amounts established on the basis of fixed rates for overhead or fee, or an agreed fixed sum, or unit rates for any element of cost. Article 8.0 Representatives of the Parties 8.1 Owner's Representatives 8.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Page 8 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Joseph Paterniti, P.E. Utility Director 124 E Woolbright Road, Boynton Beach, FL 33435 561-742-64023 8.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in GC 3.4 ("Owner's Representative"): Christopher Roschek, P.E. Projects Manager 124 E Woolbright Road, Boynton Beach, FL 33435 561-742-6413 8.2 Design -Builder's Representatives 8.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design - Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Rene L. Castillo SR President RIC -MAN Int. Inc. 1545 NW 27TH Ave. Pompano Beach, FL. 33069 (954) 426-1042 Project Team Manager 8.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in GC 2.1.1: Michael Jankowski Vice -President RIC -MAN Int. Inc. 1545 NW 27TH Ave. Pompano Beach, FL. 33069 (954) 426-1042 Article 9.0 Indemnity, Insurance and Bonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Section 1.0, Indemnity, of Attachment E, Indemnity, and Insurance & Bonding. 9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E, Indemnity, Insurance & Bonding, in accordance with the General Conditions. Page 9 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 9.3 Bonds and Other Performance Security. If so required, Design -Builder shall provide a performance bond and labor and material payment bond or other performance security in accordance with Section 8.0, Bonds, of Attachment E, Indemnity, and Insurance & Bonding. Article 10.0 Other Provisions 10.1 , damages agai Ownef. Nothing eefftained in this Seaiea sha4l be deemed to pfeelude cm awafd 10.2 Limitation of Liability for Consequential Damages. 10.3 Public Records: hl order to comply with Florida's public records laws, the Design -Builder shall: a. Keep and maintain public records that ordinarily and necessarily would be required by Owner in order to perform the services under the Agreement. b. Provide the public with access to public records on the same terms and conditions that Owner would provide the records and at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to Owner all public records in possession of Design Builder upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Owner in a format that is compatible with the information technology systems of Owner. e. The Parties agree that public records under this Contract shall not include records that are (a) protected from disclosure under applicable law, or (b) privileged or confidential information. 10.4 Sovereign Immunity. The parties hereto acknowledge that Owner is a political subdivision of the state of Florida and enjoys sovereign immunity. Nothing in this Agreement shall be construed Page 10 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II to require Owner to indemnify Design -Builder or insure Design -Builder for its negligence or to assume any liability for Design -Builder's negligence. Further, any provision in this Agreement that requires Owner to indemnify, hold harmless or defend Design -Builder from liability for any reason shall not alter Owner's sovereign immunity or extend Owner's liability beyond the limits established in section 768.28, Florida Statutes, as amended. 10.5 Design -Builder. Design -Builder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Design -Builder to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or Design -Builder, other than a bona fide employee working solely for Design -Builder any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. This prohibition is more frilly set forth in § 287.055(6), Fla. Stat, as amended. 10.6 Equal Opportunity Employment. Design -Builder agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeships. 10.7 Independent Contractor. It is expressly acknowledged by the parties hereto that the Design - Builder is an independent contractor, and nothing contained in this Agreement will be deemed or construed to create a partnership or joint venture between Owner and Design -Builder or any other relationship between the parties. Additionally, nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship. 10.8 Force Majeure. Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or for other interruption of service deemed resulting, directly or indirectly, from acts of God, civil or military authorities, acts of the public enemy, war (whether or not declared), riots, insurrections, acts of government, accidents, fires, explosions, earthquakes, floods, failure of transportation, strikes or any similar or dissimilar cause beyond the reasonable control of either party. 10.9 Tax Exempt Status. Owner is a tax-exempt entity (State Tax Exempt Certificate No. 8j -8012621544C-0 and is not obligated to pay sales, use or other similar taxes. If Owner is not exempt for a particular tax, it will reimburse Design -Builder for those taxes. 10.10 Truth -In -Negotiation Certificate. Signature on this Agreement by Design -Builder shall act as the execution of a truth -in negotiation certificate stating that factual unit costs supporting the compensation of the Agreement (and each Task Order) are accurate, complete, and current at the time of contracting. The original Contract price and any additions thereto shall be adjusted to exclude any significant sums by which Owner determines the contract price was increased due to inaccurate, incomplete, or non-current factual unit costs. All such contract adjustments shall be made within one (1) year Page 11 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 10.11 Public Entity Crime Statement. Design -Builder represents that the execution of this Agreement will not violate Section 287.133(2)(a), F.S., ("Public Entity Crimes Act") which provides, in part, that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Owner, may not submit a bid on a contract with Owner for the construction or repair of a public building or public work, may not submit bids on leases of real property to Owner, may not be awarded or perform work as a contractor, supplier, Subcontractor, or consultant under a contract with Owner, and may not transact business with OWNER in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Design - Builder shall result in termination of the Agreement by Owner without penalty. In addition to the foregoing, Design -Builder further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133 Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Design -Builder has been placed on the convicted vendor list. 10.12 Codes, Ordinances and Laws. The Design -Builder agrees to abide and be governed by all applicable City, County, State and Federal codes, regulations, building codes, ordinances and laws which may have a bearing on the Services involved on the projects of each Task Order. All plans and drawings shall comply with all such codes in effect as of the date of submittal of such plans and drawings to government officials and agencies for approval. This Agreement shall be governed by the law of the state of Florida. Design -Builder is familiar with and shall comply with all laws, ordinances and regulations applicable to the supplies, products, equipment, and software or services furnished under this Agreement. 10.13 Hazardous Substances. Design -Builder shall notify the Owner of hazardous substances or conditions not contemplated in the scope of Services of which Design -Builder actually becomes aware. Upon such notice by Design—Builder, Design -Builder will stop affected portions of its Services. The parties shall decide if Design -Builder is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such Services. 10.14 Cause of Action. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.15 Attorney's Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing parry. 10.16 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.17 Prior Agreements. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superseded and repealed by this Agreement. Page 12 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 20 CITY OF BOYNTON BEACH City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Page 13 Progressive Design/Build Agreement Contract # PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT A SCOPE OF WORK SECTION 1 PHASE 1 1.0 Design -Builder shall exercise reasonable skill and judgment in the furnishing of design services. Engineering and professional services shall be furnished by licensed employees of Design - Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design - Builder is responsible for the following Preliminary Design -Build Services: 1.1 Preliminary Evaluation. Design -Builder shall conduct and provide a preliminary evaluation of the Project's feasibility based on the Owner's Phase I Design Development and Performance Criteria requirements found in Attachment H. 1.2 Preliminary Schedule. Design -Builder shall provide a preliminary schedule for Owner's written approval. The schedule shall show the activities of Owner and Design -Builder necessary to meet Owner's completion requirements. 1.3 Preliminary Estimate. Design -Builder shall prepare for Owner's written approval a preliminary estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget, Design -Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design -Builder shall submit for Owner's written approval Preliminary Design Documents, based on the Owner's Program and other relevant information. Preliminary Design Documents shall include updated drawings based on Attachment H performance criteria, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site conditions. One set of these Documents shall be furnished to Owner. Design -Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility. Design -Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project, showing (a) equipment, materials, labor, and services to be provided by Design -Builder, (b) access, equipment, materials, data, information, and approvals to be provided by Owner, and (c) any items necessary for the Project to be provided by third parties. 1.6 Contract Price Proposal. Based on the Preliminary Design -Build Services, Design -Builder shall prepare for Owner's consideration a proposed Guaranteed Maximum Contract Price (GMP) for the Phase 2 Services. ATTACHMENT A Page 2 1.7 Additional Services. Design -Builder shall provide the following additional services, if any: 1.1.7. See Attachment H - Phase 1 Scope of Work ATTACHMENT A Page 1 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1. Drawings and Specifications Design -Builder shall submit for Owner's review and written comment, Updated Drawings and Specifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase 1 and any further development of Contract Documents that have been approved in writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws or regulations enacted at the time of their preparation, provided, however, that if such codes, law, or regulations have changed between the date on which Design -Builder submitted its proposed Contract Price and the date of preparation, then Design -Builder shall be entitled to an equitable adjustment in the compensation and / or the Schedule. Construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2. Manuals Design -Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, if Applicable. 2.2 Construction Services 2.2.1. Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2.1. I.above, Design -Builder will commence the performance of Construction Services. 2.2.2. Completion In order to complete the Work, Design -Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3. Compliance Design -Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4. Schedule Design -Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner or regulatory agencies. It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design - Builder's management and control of the project and its reporting of progress to Owner. 2.2.5. Permits Design -Builder shall assist Owner in securing the permits necessary for the construction of the Project. 2.2.6. Safety and Hazardous Conditions Design -Builder shall take necessary precautions for the safety of its employees and Subcontractors on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Work Site. Design -Builder, directly or through its Subcontractors, shall ATTACHMENT A Page 2 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers, any other persons on the site, and the public. The progress of this Work. The Design -Builder shall protect Owner's property. All damage which occurs as a result of this Contract shall be promptly restored to at least its original pre -contracted condition. However, Design -Builder shall not be responsible for the elimination or abatement of any pre- existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees, agents, separate contractors or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The Design -Builder shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. The Design -Builder shall perform all duties of the Owner that are required under the applicable codes with respect to the provision providing for supervision as to safe work site for all employees, Sub Contractors and their employees. The Design -Builder shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. The Design -Builder shall also provide both visible and audible warning devices for all hazardous areas of construction. Such areas must be separated from normal pedestrian traffic by suitable barricades placed at an appropriate distance from the hazard. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 2.2.7. Reports As provided in GC 2.2.1. Design -Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work, and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8. Site Maintenance At all times Design -Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, Design - Builder shall remove from the premises all construction equipment, tools, surplus materials, waste materials and debris. ATTACHMENT A Page 4 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and / or clean -up. Design -Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2. If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site, Owner and Design -Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions & Differing Site Conditions"). ATTACHMENT A Page 3 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.4 Patents & Copyright 2.4.1 Design -Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Design -Builder and incorporated in the Work. Design -Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work. Owner agrees to defend, indemnify and hold Design -Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials, methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design -Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction, shall be as specified in GC 2.9 ("Design - Builder's Warranty"). 2.5.2 Design -Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty "). 2.5.3. Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. 2.5.4. No warranty, either express or implied, may be modified, excluded or disclaimed in any way by Design -Builder. All warranties shall remain in full force and effect, notwithstanding acceptance and payment by City. Design - Builder shall secure required certificates of inspection, testing or approval and deliver them to Owner. ATTACHMENT A Page 5 2.5.5. Design -Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.6. With the assistance of Owner's maintenance personnel, Design -Builder shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their commissioning and initial start-up and testing, all in accordance with the permit conditions 2.5.7. See Attachment G -Special Conditions 1-16 2.6 Limitations of Liability 2.6.1. Limitation of Liability. Design -Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty, negligence, strict liability, or otherwise, shall be limited as set forth in Section 2 of Attachment E. ATTACHMENT A Page 4 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.7 Additional Services Design -Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement. A written agreement between Owner and Design -Builder shall define the extent of such Additional Services and compensation therefor. 2.7.1. Documentation of the Owner's Program, establishing the Project budget (beyond the Cost of the Work), investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. 2.7.2. Consultations, negotiations, and documentation supporting the procurement of Project financing. 2.7.3. Surveys, site evaluations, legal descriptions and aerial photographs. Appraisals of existing equipment, existing properties, new equipment and developed properties. 2.7.4. Soils, subsurface and environmental studies, reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.5 Consultations and representations other than normal assistance in securing permits, before governmental authorities or others having jurisdiction over the Project. 2.7.7. Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner - provided information. 2.7.8. Artistic renderings, models and mockups of the Project or any part of the Project or the Work. 2.7.9. Inventories of existing furniture, fixtures, furnishings and equipment which might be under consideration for incorporation into the Work. ATTACHMENT A Page 6 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings, artwork and decorations. 2.7.11 Making revisions to the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner, and which are due to causes beyond the control of Design -Builder. 2.7.12 Design, coordination, management, expediting and other services supporting the procurement of materials to be obtained, or work to be performed, by Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. ATTACHMENT A Page 5 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the use of systems and equipment after the initial start-up, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third party facilities not apart of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction and start- up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise, regarding the Project 2.7.20 Preparing reproducible (mylar or similar) record drawings from marked -up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design -Builder with its own forces shall be performed by Subcontractors. The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub - consultant/minority business enterprise 2.8.1 Retaining Subcontractors Design -Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection, provided that Owner agrees to compensate Design- Builder for any additional costs incurred by Design -Builder as provided in GC 23.7..Design Builder shall not be required to retain any Subcontractor to whom Design -Builder has a reasonable objection. 2.8.2 Management of Subcontractors Design -Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design -Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2 ("Owner's Right -to -Perform and Terminate for Cause "). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project, including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C, Schedule. 3.1.2 Owner shall provide: 1. All available information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, utilities, reports and investigations; ATTACHMENT A Page 6 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2. Inspection and testing services during construction as required by law or as mutually agreed; and 3. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning, easements and assessments, necessary permits, fees and charges required for the construction. 3.1.3 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design -Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design -Builder to enter upon public and private property as required for Design -Builder to perform Phase 1 services hereunder. 3.2.3 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C, Schedule, as revised. 3.3.2 If Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design- Builder within five (5) days of so becoming aware. 3.3.3. Unless otherwise agreed by Design- Builder, Owner shall communicate with Design- Builder's Subcontractors, Suppliers, and Design Consultants only through Design -Builder. Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner will not provide insurance for the Project as provided in Attachment E, Indemnity, Insurance, and Bonding. 3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydown areas under control of the Owner. 3.3.6 Owner shall provide all information, data, and approvals required for Design -Builder's performance of the Work in a timely and complete manner. 3.3.7 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative, designated in writing and agreed to by Design -Builder: 1 Shall be fully acquainted with the Project; ATTACHMENT A Page 7 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2 Agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work; and 3 Have authority to bind Owner in all matters requiring Owner's approval, authorization or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design -Builder in advance in writing. Design -Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G - Special Conditions 17-19 THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY ATTACHMENT A Page 8 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT A Page 9 PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES- IN ACCORDANCE WITH ATTACHMENT H SCOPE OF WORK $3,286,721.07 SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the Guaranteed Maximum Price ("GMP") form of compensation for the Phase 2 Services, or a fixed Contract Price, or cost -reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services. If the parties do not use a GMP, then the compensation to Design -Builder shall be a fixed Contract Price developed in accordance with Section 3.0, or shall be based on those fees and costs identified in Section 4.0. 2.0 Guaranteed Maximum Price The GMP will be adjusted following completion of Phase 1. 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design -Builder agrees that upon Owner's request, it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design -Builder does not guarantee any specific line item provided as part of the GMP, but agrees that it will be responsible for paying all costs of completing the Work, which exceed the GMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design -Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP. This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design -Builder. If an allowance is not included within the work package or task order line, the agreed upon price is the maximum for that item. Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. 2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task orders. And Design -Builder shall propose and Owner shall consider for acceptance a separate GMP for each such work package or task order 2.2 GMP Established at the Commencement Date of Phase 2 1IPage RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.2.1 GMP Proposal. If requested by Owner, Design -Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase 1 Services, which shall include the following, unless the parties mutually agree otherwise: 1. A proposed GMP, which shall be the sum of i. Design -Builder's Fee as defined in Section 2, Phase 2, of Attachment B, Compensation; iithe estimated Cost of the Work as defined in Section 2, Phase 2, of Attachment B, Compensation, inclusive of any Design -Builder's allowance as defined in Section 1.1.2 above; and in. if applicable, any prices established under Section 2, Phase 2, of Attachment B, Compensation. 2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3. A list of the assumptions, exceptions, and clarifications made by Design -Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4. The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Paragraph 5.2.1 of the Agreement, and a schedule upon which the Scheduled Substantial Completion Date is based; 5. If applicable, a list of allowances and a statement of their basis; 6. If applicable, a schedule of alternate prices; 7. If applicable, a schedule of unit prices; 8. If applicable, a statement of Additional Services; and 9. The time limit for acceptance of the GMP Proposal. 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design - Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may it be amended by Design -Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, r RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 1. Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; 2. Owner may authorize Design -Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 2, Phase 2, of Attachment B, Compensation, without a GMP, in which care all references in this Agreement to the GMP shall not be applicable; or 3. Owner may terminate this Agreement for convenience in accordance with GC 9.2 ("Termination for Convenience") If Owner fails to exercise any of the above options, Design - Builder shall have the right to (ii) suspend performance of Work in accordance with GC 9.4 ("Design -Builder's Right to Stop Work"). 2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price for the completion of the Phase 2 Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Paragraph 6.2 of the Agreement) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: Forty percent (40%) to Design -Builder and Sixty percent (60%) to Owner. The Design Builder shared savings shall not exceed Two Hundred Thousand ($200,000.00). 2.3.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment under Section 7.4 of the Agreement, with the understanding that to the extent Design Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, Design -Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design -Builder shall develop the proposed Contract Price on an "open book" basis and present it to Owner for review and approval with the exception of proprietary information. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 31 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 4.0 Cost Reimbursable plus Design -Builder's Fee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design -Builder's Fee, then the Design -Builder shall develop an estimated Contract Price on an "open book" basis and present it to Owner for review and approval. 4.2 The cost -reimbursable elements of the Work shall be those set forth in Section 4.4 ("Cost of the Work"). 4.3 Design -Builder's Fee shall be: Six percent (6.0 %) of the Cost of the Work, as adjusted in accordance with Section 2.1. above. 4.3.1 Design -Builder's Fee will be adjusted as follows for any changes in the Work: Same as 4.3 above. 4.4 Cost of the Work. The term "Cost of the Work" shall mean costs reasonably incurred by Design -Builder in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project, except with prior consent of the Owner. The Cost of the Work shall include only the following: Wages of direct employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site, provided, however. That the costs for those employees of Design Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices and performing design and Project administration functions. However, such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5. The reasonable portion of the cost of travel, accommodations and meals for Design Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 41 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 6. Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7. Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work resulted from causes other than the fault or neglect of the Design -Builder, or those working by or through Design -Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design -Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. 11. The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12. Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work. However, such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. 16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work provided such costs do not arise from disputes between Owner and Design -Builder. 17. Costs for permits, royalties, licenses, tests and inspections incurred by Design -Builder as a requirement of the Contract Documents. 51 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 18. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 19. Deposits, which are lost, except to the extent caused by Design -Builder's negligence. 20. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 21. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non -Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices or offices other than the site office, except as provided for in Paragraphs 4.4.1, 4.4.2 and 4.4.3, hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3. The cost of Design -Builder's capital used in the performance of the Work. 4. Rental costs of machinery and equipment, except as specifically provided in Paragraph 4.4.12, hereof. 5. Costs due to the negligence of the Design -Builder, Subcontractors, or anyone else directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to costs for the correction of damaged, defective or nonconforming Work, disposal and replacement of materials and equipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work, but only to the extent such costs cause the GMP to be exceeded. 6. Costs, if any, which would cause the GMP, as may be amended from time to time in accordance with this Agreement, to be exceeded, except to the extent such costs were due to the sole fault of Owner. 7. Costs for general cleanup of the j obsite will be included as part of the Cost of the Work in the GMP 8. Any other labor related costs not defined under Paragraph 4.4.1 that is not approved in by the Owner at the time of the GMP. 9. Expenses for travel, including Design -Builder -supplied vehicles for personal use, incurred by Design -Builder's employees while traveling for purposes other than the direct execution of work or training. RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 10. Any legal fees arising out of a dispute between the Owner and Design -Builder. This includes the negotiation of a Contract between the Owner and Design Builder. 4.6 Contract Price The Contract Price shall be the sum of the Design -Builder's Fee under Section 4.3 plus the amount agreed between Owner and Design -Builder for the Cost of the Work under Section 4.4. When agreed, the Contract Price is stated to be: Dollars ($ 4.7 Establishment of Guaranteed Maximum Price see Attachment G - Special Conditions 20. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 71 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment B PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT C SCHEDULE SECTION 1 PHASE 1 1.0 Phase I Schedule will be developed as part of Phase I Proposal. SECTION 1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 1IPage RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment C PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT D GENERAL CONDITIONS GC 1.0 General 1.1 Mutual Obligations 1.1.1 Owner and Design -Builder agree to cooperate fully with each other at all time, to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions ("GC") may be supplemented, varied, or revised through Supplementary Conditions ("SC"), as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design -Builder with respect to the Proj ect 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC 8.1. 1.2.5 Change Order has the meaning given in GC 7.1. 1.2.6 Construction Warranty has the meaning given in GC 2.9. 1.2.7 Construction Warranty Period is that period specified in GC 2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement. 1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2, Phase 2, of Attachment B, Compensation. 1.2.10 Contract Time(s) shall mean the times for performance of the Work by Design -Builder and the delivery of items and approvals by Owner set forth in Article 5 ("Contract Time") of the Agreement and Attachment C, Schedule. 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of this contract. 1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder or Subcontractor, to furnish design services required under the Contract Documents. 1IPage RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality, and function of the proposed facility, and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement. 1.2.17 Electronic Data has the meaning given in GC 11.1.1. 1.2.18 Extended Performance Warranty is Design -Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase 1 Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D, General Conditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope of Work. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 Legal Requirements are all federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work which are applicable as of the date of Design -Builder's proposal to Owner, and, subject to the Change in Law provisions of GC 8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as may be assessed under Section 5.4 of the Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing- The method in which the design -build firm provides the Owner, at the Owner's request, all books, records, documents, contracts, subcontracts, purchase orders, and other data in its possession pertaining to the bidding, pricing, or performance of a contract for r RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II design -build services awarded to the design -build firm with the exception of proprietary information. 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including Owner's Project Criteria, all materials, equipment and other items to be provided by Owner, and all items to be provided by third parties. 1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, Design Criteria, Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Project -specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design -Builder and the performance of this Agreement, in accordance with GC 3.4, and identified by Owner in writing within ten (10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaning given in GC 2.11. 1.2.35 Project is the design and construction of the Owner's Facility, including start-up, testing and the provision of manuals, warranties, as -built drawings and specifications, spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s) set forth in Attachment C, Schedule, as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.39 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design -Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design -Builder and due to no fault of its own or those for whom DesignBuilder is responsible. By way of example (and not limitation), Uncontrollable 31 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other circumstances beyond the reasonable control of the party affected. 1.2.43 Work is comprised of all Design -Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents, plus manuals and documentation required by the Contract Documents. GC 2.0 Design -Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder. 2.1.2 Design -Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s), and (v) such other items as Owner may reasonably require. 2.1.3 Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by GC 2.1.4, a preliminary schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). When agreed between the parties, such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such, dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the Schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals, review and approval tum -around times contained in the Schedule, and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 41 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.1.5 At the completion of Phase 1 Services, the parties may agree upon a revised Schedule to reflect the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the Phase 2 services. 2.2 Design Professional Services 2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from a qualified, independent licensed Design Consultant, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any independent Design Consultant. Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated with the construction of this portion on the projects will be required. 2.3 Standard of Care for Design Professional Services 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Design -Builder, its Design Consultants, and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Design Development Services 2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design - Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth GC 2.4.1. Design -Builder shall proceed 51 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions and the Construction Documents is for mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design -Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements 2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design -Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits 2.6.1 Except as identified in Attachment F, Owner's Permit List, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. 2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Phase 2 Construction Services 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design - 6 1 P a g e RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. 2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts, errors or omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. 2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. 2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3. 2.7.7 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. 2.7.8 Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. 2.8 Design -Builder's Responsibility for Project Safety 2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off - Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project Site during the performance of the Work. Unless otherwise required by the Contract Documents, Design - Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety. The Safety Representative shall make routine 71 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasigovernment authorities having jurisdiction over safety-related matters involving the Project or the Work. 2.8.3 Design -Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages or accidents resulting from their performance of the Work. 2.8.4 Owner shall require that its officers, employees, guests, visitors, and other contractors entering the Project Site comply with the Project Safety Program then in effect. 2.9 Construction Warranty 2.9.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Design -Builder or anyone for whose acts Design -Builder may be liable. 2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design - Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.10 Correction of Defective Work 2.10.1 Construction Warranty Period. Design -Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one (1) year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents. 2.10.2 Correction of Non -Conforming Work. Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II necessary steps within such seven (7) day period, Owner may, in addition to any other remedies provided under the Contract Documents provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design -Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) year period referenced in GC 2.1 0.1 applies only to Design -Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design -Builder's other obligations under the Contract Documents. 2.11.3 91 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate DesignBuilder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the tum -around times set forth in the Schedule. Owner's review does not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design -Builder is entitled to rely upon in performing the Work: 1. Surveys describing the property boundaries, topography and reference points for use during construction, including existing service and utility lines. 2. Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. 3. Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project, access to the Site and any off-site storage or lay -down areas, and to enable Design -Builder to perform the Work. 4. A legal description of the Site. 5. To the extent available, as -built and record drawings of any existing structures and utilities at the Site; and 6. To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 101 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3.3 Financial Information 3.3.1 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. 3.3.3 Design -Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights, if any, to Owner's construction lender(s). 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately from Owner's Representative, then Owner shall designate such third party in writing to Design - Builder, together with a statement of the respective roles, responsibility, and authority of each such party with respect to the administration of the contract, the approval of drawings and specifications, the issuance of instructions and change orders, the resolution of disputes, and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. 3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Owner shall require such separate 111 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, DesignBuilder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. 4.1.4 Design -Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend, indemnity and hold harmless Design Builder, Design Consultants, Subcontractors and Subcontractors, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4. 1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Design Consultants, Subcontractors or anyone for whose acts they may be liable. Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by the parties identified in the first sentence of this GC 4.1.6. 121 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or (iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than seven (7) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design -Builder will submit an Application for Payment to Owner each month covering Phase 1 services performed to date. Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. 5.2 Schedule of Values for Phase 2 Services 5.2.1 Within ten (10) days of the Commencement Date, Design -Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 131 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.3.3 The Application for Payment shall constitute Design -Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design -Builder's receipt of payment, whichever occurs earlier. 5.4 Withholding of Payments; Payment of Undisputed Amounts 5.4.1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design - Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design -Builder any amount that becomes due, Design -Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4. All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the Agreement. 5.6 Design -Builder's Payment Obligations 5.6.1 Design -Builder will pay any Subcontractors and Design Consultants, in accordance with applicable law and its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design - Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within ten (10) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design -Builder with any costs and expenses incurred, including attorneys' fees. 5.7 Substantial Completion 141 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.7.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If such Work is substantially complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 5.7.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner, at its option, may use a portion to the Work which has been determined to be substantially complete, provided that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and (iii) Owner and Design -Builder, agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. 5.7.4 Upon Substantial Completion, Design -Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H, Phase 1 Design Development, have been satisfied and that the Performance Guarantees have been met. 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: 1. An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 2. A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 151 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 3. Consent of Design -Builder's surety, if any, to final payment; 4. A certificate demonstrating that performance testing is complete and that the Performance Guarantees set forth in Attachment F, Owner's Project Criteria, have been met; 5. All operating manuals, warranties and other deliverables required by the Contract Documents; and 6. Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion, (iii) the terms of any special warranties required by the Contract Documents, and (iv) claims which are identified as unsettled at the time of making final payment. 5.8.4 Final payment by Owner shall constitute Final Acceptance of the Project for all purposes hereunder, subject to Design -Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of final payment by the Design -Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 211 P a g e RFQ 4037- 2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) - Contract Attachment D GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design -Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. 6.2.2 In addition to Design -Builder's right to a time extension for delays in the Work under GC 6.2.1, Design -Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 161 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays. Unless otherwise authorized in writing by the Project Manager, no work shall be performed on weekends, on City observed holidays or between 5:00 PM and 7:00 AM on weekdays. 6.3.2 Construction Observation and/or inspection services needed beyond normal working hours as defined above, shall be paid for by the Design -Builder at an hourly rate of $100.00 for each inspector providing such service. 7.0 Changes to the Contract Price and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price; and 3. The extent of the adjustment to the Contract Time(s) and Schedule. 7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 7.1.3 If Owner requests a proposal for a change in the Work from Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design - Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 7.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 7.2.3 If Owner has requested a proposal for a change in the Work from Design -Builder, Owner shall notify Design -Builder as expeditiously as possible whether such proposal is accepted. Design - Builder shall not commence changed work until a written Work Change Directive or Change Order has been delivered by Owner. The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. 7.3 Minor Changes in the Work 7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design -Builder may make 171 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 7.4 Contract Price Adjustments 7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 1. Unit prices set forth in the Agreement or as subsequently agreed between the parties (which may include daily or monthly overhead rates for the extension of services); 2. A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3. Costs, fees and any other markups set forth in the Agreement; and 4. If an increase or decrease cannot be agreed to as set forth in items 1 through 3 above and 7.4.2 Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price. Design -Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to GC 8.0. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design -Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice 181 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 7.5 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this GC 7.0. GC 8.0 Contract Adjustments and Disputes 8.1 Requests for Contract Adjustments and Relief 8.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. 8.1.2 A Changed Condition may include a Change in Law following the date of Design -Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design -Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design - Builder's cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design - Builder's performance hereunder. 8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence -giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition -giving rise to the request, whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and, if then available, the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each agree to resolve such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 8.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design -Builder's Representative and Owner's Representative. 8.2.3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, upon the request of either party, then the matter shall be referred to the 191 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Senior Representatives of each party for resolution. Design -Builder's Senior Representative and Owner's Senior Representative shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs, including attorneys' fees. 8.2 Duty to Continue Performance 8.3.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 9.1.2 Design -Builder is entitled to an equitable adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of work by Owner. 9.2 Termination for Convenience 9.2.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: All Work executed and for proven loss, cost or expense in connection with such Work; RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2. The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 3. The fair and reasonable sums for overhead and profit on the sum of items 1 and 2 above. 9.2.2 If Owner terminates this Agreement pursuant to GC 9.2.1 and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work product shall be as set forth in Section 4.3 ("Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate"). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design -Builder persistently falls to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by Law, shall have the rights set forth in GC 9.3.2, 9.3.3, and 9.3.4. 9.3.2 Upon the occurrence of an event set forth in GC 9.3 1, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. 9.3.4 In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in 211 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II connection with the re -procurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement. 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC 9.2. 9.4 Design -Builder's Right to Stop Work 9.4.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop work for the following reason: Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design -Builder may provide Owner with written notice that Design -Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop work. In such case, Design -Builder may make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 9.5 Design -Builder's Right to Terminate for Cause 9.5.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of a court order, any government authority having jurisdiction over the Work, or orders by Owner under GC 9.1.1, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible; or 2. Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to GC 9.1.1; or 3. Owner's failure to cure the problems set forth in GC 9.4.1 after Design -Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem. Then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be 221 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner or Design -Builder 9.6.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 1. The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non - Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 2. The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this GC 9.0. 9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non - Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design -Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 10.3 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 10.4 Severability 231 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 10.5 No Waiver 10.5.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time stated in a machine -generated confirmation that notice was received at the number of the intended recipient, or (iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine -generated confirmation that notice was received at the e- mail address of the intended recipient. 10.8 Amendments 10.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design -Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design - Builder's performance of its services hereunder, and no right to assert a claim against the Design - Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design -Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three- dimensional modeling (such as Building Information Models) and other Work Product may be 241 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 11.2 Transmission of Electronic Data 11.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 11.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 11.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement ("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this GC 11.3. 11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties, unless prior arrangements are made in advance in writing. 11.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 11.3.4 The transmitting party specifically disclaims all warranties, expressed or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially 251 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. ►I:1 RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment D PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT E INDEMNITY, INSURANCE & BONDING 1.0 Indemnity 1.1 The parties agree that one percent (1 %) of the total compensation paid to Design -Builder for the Work under this Agreement shall constitute specific consideration to Design -Builder for the indemnification to be provided under this Agreement. To the fullest extent permitted by law, Design -Builder shall defend, indemnify and hold Owner, its officers and employees harmless from and against any and all claims, liability, damages, losses, causes of action and/or costs including but not limited to reasonable attorney's fees tone—&4e1+ thO m from any breach of contract or are caused by the negligence, recklessness or intentional wrongful conduct of Design -Builder or persons employed or utilized by Design -Builder, or anyone acting under the authority and control of Design -Builder in the performance of the Work. As pFevided iii Seetieii , ofthis n g-eeffler+ 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify and defend Design -Builder, Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to Design - Builder. 1.3 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, then Design -Builder's indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation, or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 1.4 Legal counsel to conduct any defense in any such proceeding shall be mutually agreed to by City and Design -Builder, and all costs and fees associated therewith including any costs or fees of an appeal shall be the responsibility of Design -Builder under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party described in this Paragraph and its subparts. 2.0 Design -Builder's Insurance - See Attachment G- Special Conditions 21. 11 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment E PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2.1 Excess Liability Insurance above the required Commercial General, Commercial Automobile, and Employer's Liability insurance to result in overall liability coverage in the amount of $10,000,000 annual aggregate limit. 2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G- Special Conditions 22. 2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operations warranty shall be maintained for a minimum period of at least one year(s) after either ninety (90) days following the date of Substantial Completion or final payment, whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors. Design -Builder shall require that all Subcontractors working on the Project secure and maintain the same insurance coverages required for Design -Builder for workers' compensation insurance, employer's liability insurance, commercial automotive liability insurance and commercial general liability insurance and other financial sureties required by applicable law in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design -Builder to Owner prior to any work being performed by the subcontractor. Design -Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such coverage limits commensurate with the scope of the subcontract work performed. Owner, Design - Builder and all other parties of Design -Builder shall be named as additional insured on subcontractor's required commercial general liability insurance policy. Alternatively, Design - Builder may obtain and maintain said policies and sureties on the subcontractor's behalf. 3.0 Professional Liability Insurance - See Attachment G - Special Conditions see 21d and 23. 4.0 Owner's Liability Insurance 4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner's discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers' rights of subrogation against the Design -Builder and its Subcontractors, Design Consultants, and their officers, directors, and employees. 5.0 Insurance to Protect Project- See Attachment G- Special Conditions 24. r RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment E PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design - Builder and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Design -Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Design -Builder, Subcontractors and Subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial operation of the Project, Owner shall obtain and maintain insurance with respect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation. Design -Builder, Subcontractors and Subcontractors shall be named as additional insured on such insurance, and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance Loss Adjustment 6.1 Any insured loss shall be adjusted with Owner and Design -Builder and made payable to Owner and Design -Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with a mediation agreement, or, if not resolved through mediation, then by an arbitration award pursuant to arbitration. If the trustees are unable to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design -Builder waive all rights against each other, and any of their respective employees, agents, consultants, subcontractors and subcontractors for damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design - Builder as trustees. Design -Builder shall require similar waivers from all Subcontractors, and shall require each of them to include similar waivers in their subcontracts and consulting agreements. 7.2 Owner waives subrogation against Design -Builder, Subcontractors and subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 31 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment E PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 8.0 Bonding • See Attachment G - Special Conditions 25. 41 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment E PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT F OWNER'S PERMIT LIST The DESIGN BUILD TEAM is responsible for reviewing and becoming familiar with all permitting efforts that have been conducted and carrying these efforts forward, and obtaining all permits that are required to design and construct the project. Preparation of complete permit packages will be the responsibility of the Design -Builder. The Design -Builder must submit any permit applications to the CITY for review and approval prior to submittal to any permit agencies. All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity. The Design -Builder is required to pay all permit fees. If any agency rejects or denies a permit application, it is the Design -Builder's responsibility to make the necessary changes to ensure the permit is approved. Permit requirements are generally listed below; however, this list is not all-inclusive and the Design - Builder shall provide all permits related to the project: • Florida Department of Environmental Protection • Palm Beach County Health Department (Expires 01/09/2019) • City of Boynton Beach Building Department • Florida Department of Transportation • Palm Beach County Utilities Right -of -Way • South Florida Management District (Expires 12/09/18) • Palm Beach County Landscape THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 1IPage RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment F PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT G SPECIAL CONDITIONS 1. The Design -Builder shall perform necessary additional investigations as part of their Phase 1 services in order to prepare an accurate guaranteed Maximum Price. 2. In order to encourage the use of local contractors, the Design -Builder will be limited to preforming 75% or the work with its in-house forces. 3. The Owner encourages the utilization of local businesses and labor force within the City of Boynton Beach city limits therefore Design -Builder shall make every effort to engage local contractors to enhance the local economy. 4. Invitation to Bid documents prepared by the Design -Builder for such solicitations shall include the non-technical documents consisting of the necessary bidding information; General Conditions of the Contract, Supplementary General Conditions of the Contract and Division One of the specifications, proposal and contract form. Said documents may be provided by the Owner at the Design -Builder's request. Solicitations shall be prepared with the following guidelines: a. Purchases of materials, supplies, rental or leases of equipment amounting to less than $1,200 each may be completed without bids or quotes. However, such purchases must be reasonably necessary to expedite work on the project, and these purchases must be documented with a receipt from the vendor. The Design -Builder shall not divide or separate procurements in order to avoid the requirements set forth. b. Contracts over $1,200 but not exceeding $75,000 require that the Design -Builder seek three (3) verbal quotations in conformance with the Design -Builder's scope of work and budgeted amount. Design -Builder must document these purchases showing the three (3) firms verbally contacted with their respective prices. The Design -Builder shall not divide or separate procurements in order to avoid the requirements set forth. c. Contracts over $75,000 require that the Design -Builder request three (3) written quotes in conformance with the Design -Builder's scope of work and budgeted amount. d. Contracts exceeding $75,000 shall be conducted under a formal Bid process or piggy- back from public advertised contracts that meet the City purchasing requirements. The Design -Builder may seek sealed bids from qualified firms who submit the lowest responsive, responsible bid. The Design -Builder shall advertise these projects at least once in a newspaper or general circulation in Palm Beach County appearing at least twenty-one (21) calendar days prior to the established bid opening and at least five (5) days prior to any scheduled pre-bid conference. These sealed bids/proposals must be delivered at the location, date and time named by the Design -Builder stated in bid advertisement and subsequent invitation to bid documents. A tabulation sheet shall be furnished to the Owner and to each firm, if requested. 5. As part of such preparation, the Design -Builder shall review the specifications and drawings. Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Design -Builder shall be 1IPage RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II brought to the attention of the Project Manager and Permitting agency(les) in written form and simultaneously corrected. 6. For each separate construction contract exceeding $75,000, the Design -Builder may conduct a pre-bid conference with bidders and the Project Manager. In the event questions are raised, which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Design -Builder shall prepare an addendum to the bidding document, issuing same to all the prequalified bidders. 7. Quality Control: The Design -Builder shall develop and maintain a program acceptable to the Owner, to assure quality control of the construction. The Design -Builder shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Design -Builder over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 8. Subcontracting Interfacing: The Design -Builder shall be the sole point of interface with all subcontractors for the Owner and all of its agents and representatives. It shall negotiate all change orders, field orders, and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization and approval from the Owner must be issued. However, when health and safety are threatened, the Design -Builder shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The Design - Builder shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response. The Project Manager must be informed when the timely response is not occurring on any of the above. 9. Permits: The Design -Builder shall secure all necessary permits, the cost of which will be included in the GMP and considered a direct cost item (no mark-up). 10. Job Site Requirements: The Design -Builder shall provide for each of the following activities as a part of its Construction Phase fee: a. Provide a safety program for the project to meet Owner and OSHA requirements. Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b. Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. C. Maintain a roster of companies on the project with name and telephone numbers of key personnel. r RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II d. Establish and enforce job rule governing parking, clean up, use of facilities and worker discipline. e. Provide labor relations management for a harmonious, productive project. f Provide a quality control program as per Section 3.2 (F) herein. g. Miscellaneous office supplies that support the construction efforts, which are consumed by its own forces. h. Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The Design -Builder shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Agency (les) inspectors. 11. Job Site Job Site Administration: The Design -Builder shall utilize an internet-based project management tool called e -Builder EnterpriseTM. This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. • Design -Builder shall conduct Project controls, outlined by the Owner, utilizing e - Builder EnterpriseTM. No additional software will be required. The Owner will assist the Contractor in providing training to their personnel. • Design -Builder shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non -Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e -Builder EnterpriseTM. • Electronic File Requirements: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and 31 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Subcontractors shall also submit all closeout documents including all "As -Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as -built drawings) shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e -Builder EnterpriseTM. The As -Built Drawings shall also be submitted in AutoCAD (.DWG) format. • e -Builder Implementation Requirements: e -Builder EnterpriseTM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Engineer, and Owner. e -Builder EnterpriseTM includes extensive reporting capabilities to facilitate detailed project reporting in a web -based environment that is accessible to all parties and easy to use. o Central Document Vault: e -Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. o Communication/Correspondence: e -Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members. o Project Calendars: Meetings will be scheduled and maintained centrally on e - Builder EnterpriseTM o Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. • e -Builder EnterpriseTM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e -Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e - Builder software as a service (SaS) including: o All hosting, operation, maintenance and data backup of the e -Builder EnterpriseTM software and documents, which are maintained in state-of-the-art data centers located throughout the United States. o Quarterly e -Builder EnterpriseTM software enhancements o Unlimited phone, email and web based support 24 -hours: The City of Boynton Beach has an e -Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton 41 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Beach will provide basic training for these users; additional training may be procured directly from e - Builder directly at the contractors own cost. Job Meetings: Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work. Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition, regular project status meetings will be held between the Owner and the Design -Builder either biweekly or monthly, whichever is designated by the Owner's Project Manager. Job site meetings will be used for preplanning of work, enforcing schedules, and establishing procedures, responsibilities, and identification of authority for all too clearly understand. Identity party or parties responsible to follow up on any problems, delay items or questions and record course of action/solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and closely monitor their submittal and approval process. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the Owner the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation: Refer all questions for interpretation of the technical documents to the Owner for direction. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the Owner including information on the subcontractor's work, and the percentage of completion. Keep a daily log available to the Owner and the Permitting Agency (les) inspectors for reviewing and copying. Subcontractor's Progress: Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion. Substantial Completion: Substantial completion shall be established by way of the following steps: a. Design -Builder shall notify the Owner that the project is ready for Substantial Completion inspections. b. The Owner shall conduct such inspections. C. Inspections shall be completed by the Owner's Representative. d. The Owner shall consolidate a punch list (Owner's punch list) 51 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II e. The Design -Builder shall issue a Certificate of Substantial Completion for acceptance by the Owner's with punch list attached. Start-up and commissioning: Start-up and commissioning will consist of obtaining all regulatory clearances and approvals in order to place the project into service. All approvals shall be reported and provided to the Owner prior to Substantial Completion. Final Completion: Monitor the Subcontractor's performance on the completion of the project and provide notice to the Owner that the Work is ready for Final Inspection. Secure and transmit to the Owner all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. Record Drawings: The Design -Builder shall monitor the progress of their own forces or their subcontractors on marked up field prints and at project; completion will prepare the final record drawings. 12. Administrative Records: The Design -Builder will maintain on the Job Site (and on e -Builder platform) all project files and records. The project records shall be available at all times to the Owner for reference, review or copying. 13. Owner's Use: The Design -Builder shall provide services during the design and construction phases and will provide a coordinated Owner use of the project. It shall provide consultation and project management to facilitate Owner use and provide transitional services to get the work, as completed by the subcontractors; "on-line" in such conditions as will satisfy Owner operational requirements. The Design -Builder shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the Owner's use in mind. The Design -Builder shall secure required guarantees and warranties, assemble and deliver same to the Owner in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. The Design -Builder shall continuously review "Record" Drawings" and mark up progress prints to provide as much accuracy as possible. The Owner may not use or take control of the Project elements until the above items the "Substantial Completion" requirements specified in Paragraphs -11 have been completed to the City's satisfaction. Nothing in this provision shall preclude the Owner from taking partial occupancy if necessary. 14. Warranty: Where any work is performed by the Design -Builder's own personnel or by subcontractors under Contract with the Design/Builder, the Design -Builder shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents, and that such work will be new and of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work, the Design -Builder further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one (1) year from the Date of Final Completion or for such longer period of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Design -Builder shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II The Design -Builder shall warrant to the Owner that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims or encumbrances against the equipment and materials. Design -Builder is required to submit form provided by the Owner, named "Warranty of Title" to certify this claim. Performance Warranty referred to in GC2.11 will not be required for this project. 15. Inspections: Code Inspections: All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include, but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications. The Design -Builder is ultimately responsible for all code compliance. Cost for all re -inspections of work found defective and subsequently repaired shall be borne by the Design -Builder. 16. Subcontractors: The Design -Builder shall not employ any subcontractor, whether initially or as a substitute against whom the Owner has reasonable objection. The Design -Builder shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each subcontractor shall similarly make copies of such Documents available to its subcontractors. a. Subcontract Requirements: The Design -Builder shall be responsible for pre - qualifying subcontractors. Pre -qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions and overall ability to perform the work. Workforce: The Design -Builder shall evaluate subcontractor's percentage of the project construction work to be performed utilizing its own employees. b. Subcontractor Experience: The subcontractor must demonstrate related experience of similar size and complexity as determined by the Design -Builder. Supervision: The subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two (2) years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. 71 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II C. All Subcontractors shall provide LIMITATION OF REMEDY- NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor's exclusive remedy for delays or disruptions, except for active interference by the Owner in the performance of the contract caused by events beyond its control, including Owner delays claimed to be caused by the Owner or attributable to the Owner and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the Work, the subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other remedies for claim for increase in the contract price, damages, losses, or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submitted to the Design -Builder within seven (7) calendar days in the format in which the Design -Builder must submit such claims to the Owner. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment, and a subcontractor's refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The Design -Builder shall also: 1. Observe work of each subcontractor to monitor compliance with schedule. 2. Verify that labor and equipment are adequate for the work and the schedule. 3. Verify that the product procurement schedules are adequate. 4. Verify that product deliveries are adequate to maintain schedule. 5. Report non-compliance with recommendation for changes to the Owner. Responsibilities for Acts and Omission: The Design -Builder shall be responsible to the Owner for the acts and omission of its employees and agents and its subcontractors, their agents and employees, and other persons performing any of the work of supplying materials under a contract to the Design -Builder. Subcontracts to be provided: Upon request, the Design -Builder shall include a copy of each signed subcontract, including the general supplementary conditions, in the project manual. 17. Owner's Responsibilities: Owner is Information: The Owner shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports: The Owner shall provide any available surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II a legal description relating to this Project. The Owner does not warrant the completeness or the current accuracy of any reports and Design -Builder is entitled to rely on said reports in the performance of its work for this Project unless Design -Builder knows or reasonably should have known such surveys or reports are inaccurate. Legal Services: The Owner shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the Owner deem necessary. Drawings and Specifications: The Owner will attempt to review and act upon the Design - Builder's drawings and Specifications in ten (10) calendar days to avoid delaying the progress of the Project. 18. Tests & Inspections: Design -Builder shall give Owner notice of readiness of the Work for all required inspections, tests and approvals. Design -Builder shall assume full responsibility, pay all costs and furnish Owner the required certificates of inspection, testing and approval for all materials, equipment or the Work or any part unless other specified. Neither Owner, nor other inspectors shall have authority to permit deviations from or to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the Design -Builder to any inspectors, directly or indirectly is strictly prohibited and punishable to the full extent of the law, and any such action on the part of the Design -Builder will constitute a termination of the resultant Contract. 19. Miscellaneous -Apprentices: If the Design -Builder employs apprentices on the project, the behavior of the Design -Builder and Owner shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The Design -Builder will include provisions similar to the foregoing sentence in each subcontract. 20. Establishment of Guaranteed Maximum Price: GMP Established after Execution of this Contract GMP Proposal: Upon completion of Phase I (Design at Permitting Level), Design -Builder shall submit a GMP Proposal to the Owner, which shall include the following, unless mutually agreed to otherwise by the parties: A proposed GMP, which shall be the sum of a) Lump Sum Amount for Phase I of the Project (Design at Permitting Level) b) Cost of Work for Phase II of the Project Construction Contingency Allowance for Phase II Design -Builder's Lump Sum General Conditions Amount for Phase II Design - Builder's Lump Sum Insurance for Phase II Design -Builder's Bonds for Phase II RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Design -Builder's Fee for Phase II Cost of the Work A list of the drawings and specifications, including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the Design -Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date- Substantial and Final Completion- (GCD) upon which the proposed GMP is based, to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services; and The time limit for acceptance for the GMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 21. Insurance: During the performance of the services under this Contract, Design -Builder shall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida. a. Worker's Compensation Insurance: The Design -Builder shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -contractors that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. b. Comprehensive General Liability: The Design -Builder shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. Design -Builder shall maintain a minimum coverage of $1,000,000 per claim and $1,000,000 aggregate for personal injury/ and $1,000.000 per claim/aggregate for property damage. The general liability insurance shall include the Owner as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the Owner. 101 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II C. Business Automobile Liability: The Design -Builder shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the Design -Builder from claims of damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile including rented automobiles, whether such operations be by the Design -Builder or by anyone directly or indirectly employed by the Design -Builder. d. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 for each claim. e. Umbrella Liability: The Design -Builders hall procure and maintain, for the life of this contract, Umbrella Liability Insurance, over and above the previously noted liability insurance policies. The Design -Builder shall maintain a minimum amount at $10,000,000. It shall be the responsibility of the Design -Builder to ensure that all sub -contractors comply with the same insurance requirements referenced above. In the judgment of the Owner, prevailing conditions may warrant additional liability insurance coverage or coverage which is different in kind from the original insurance submitted by the Design -Builder. The Owner reserves the right to require the provision by the Design -Builder of an amount of coverage different from the amounts or kind previously required, and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Design -Builder fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the Owner's written notice, the Owner, at its sole option, may terminate the Contract upon written notice to the Design -Builder, said termination taking effect on the date that the required change in policy coverage would otherwise be effective. Design -Builder shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only. The Design -Builder agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date, including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the Owner's Risk Management. 22. Contractors Pollution Liability: Contractor's Pollution Liability: The Design -Builder shall maintain during the term of this Contract, Contractor's Pollution Liability in the amount of $2,000,000 Per Loss/$6,000,000 Annual Aggregate. Coverage will be required for any Environmental/Pollution related services including but not limited to testing, design, consulting, analysis, or other consulting work, whether self -performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible 111 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the DESIGN/BUILD FIRM including transportation. Owner shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 23. Professional Liability (Errors and Omissions): The Design -Builder shall maintain during the term of this Contract, Professional Liability Insurance in the minimum amount of $1,000,000 per claim. Coverage will be broad to include Errors and Omissions specific to Design -Builder's Professional Liability for direct and contingent design -errors and Architect's/Engineer's Professional Liability with no exclusions for Design -Build work. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. 24. Builder's Risk: During the course of Phase I of the Contract, the Design -Builders hall be responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100% of the completed value (Replacement Value) of the Project; including contractor's labor, materials and equipment used for completion of the Work. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot exceed 5% of the insured value. No deductible greater than $50,000 shall be permitted for all other perils. The Design -Builder is responsible for payment of deductibles for all losses except for those losses as a direct result of Force Majeure. The Owner and the Design -Builder shall be the certificate holder and Additional Named Insured. 44io Design Builder- eatit�, (i.e. joint Vefftttr-e, Paftaer-ship, ete.) must be a named insur-ed en all r-equi The Owner shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy, and the Contractor's Pollution Coverage. Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities, the Owner may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities, which may or may not require that the Owner also be named as additional insured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights and subrogation in favor of the Owner of Boynton Beach. Such insurance shall be written by an insurer with an A.M. Best Rating of A- VII X or better. Prior to commencing any work on the Project, Certificates of 121 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Insurance approved by the Owner's Risk Management Department evidencing the maintenance of said insurance shall be furnished to the Owner. The insurance policies shall be endorsed to provide that no material alteration or cancellation, including expiration and non- renewal shall be effective until thirty (30) days after receipt of written notice to the Owner. Anything to the contrary, notwithstanding liabilities of the Design -Builder under this Contract shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Neither approval nor failure to disapprove insurance furnished by the Design - Builder shall relieve the Design -Builder from responsibility to provide insurance as required by the Contract. 25. Bonds: In accordance with the provisions of Florida Statutes §255.05, the Design -Builder shall provide to the Owner, on forms furnished by the Owner, a 100% Performance and a 100% Payment Bond, each in the amount of the Guaranteed Maximum Price, less the Design and Engineering Fees. No qualifications, modifications or riders to the bond forms are permitted. The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the Owner's issuance of a Notice to Proceed. The performance bond shall be conditioned that the Design -Builder performs the Contract in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the Design -Builder makes payments to all persons who supply the Design -Builder with labor, materials and supplies used directly and indirectly by the Design -Builder in the performance of the Work provided for in resultant Contract, and any change orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds, together with interest at the maximum rate allowed by law and that the Design - Builder and surety shall indemnify and hold harmless the Owner to the extent of any and all payments in connection with the performance of this Contract which the Owner may be required to make by law. To be acceptable to the Owner as Surety for Performance Bonds and Payment bonds, a Surety company shall comply with the following provisions outlined in the General Conditions herein. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: a. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization, or approval by the State of Florida, Department of Insurance to conduct business in the state has been met. b. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. Y 1 1 / IN.\ 131 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 26. Harmony: Design -Builder is advised and agrees that it will exert every reasonable and diligent effort to assure that all labor employed by Design -Builder and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the Site of the Project. Design -Builder further agrees that this provision will be included in all subcontracts of the subcontractors as well as the Design -Builder's own contract; provided however, that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 27. Apprentices: If the Design -Builder employs apprentices on the project, the behavior of the Design -Builder and Owner shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The Design -Builder will include provisions similar to the foregoing sentence in each subcontract. 28. Confidentiality and Public Records Law: Any information disclosed by one party ("Disclosing Party") to the other parry ("Recipient") in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ii) is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the Owner is a municipal corporation that is subject to Florida Statutes § 119, and related statutes known as the "Public Records Laws." If a request is made to view such Confidential Information, Owner will notify Design -Builder of such request and the date that such records will be released to the requester unless Design -Builder 141 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II obtains a court order enjoining such disclosure. If the Design -Builder fails to obtain that court order enjoining disclosure, Owner will release the requested information on the date specified. Such release shall be deemed to be made with the Design -Builder's consent and will not be deemed a violation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In the event the Design -Builder breaches this Contract, then the Design -Builder hereby grants Owner a limited license to use the Confidential Information in any reasonable way in order to mitigate Owner's damages. 29. Severability: Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction, the remaining contract provisions shall remain in full force and effect. 30. Verification of Employment Status: The Owner shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act ("INA"). The Owner shall consider the employment by the Design -Builder of authorized immigrants, a violation of Section 274A (e) of the INA. The Design -Builder agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the Owner. 31. Payment of Overtime: Any Overtime required for the Design -Builder to complete the Work within the Contract Time shall be at the sole cost and expense of the Design -Builder. If Owner requires the Design -Builder to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date, the Design -Builder shall invoice the Owner for the Overtime such that only the actual costs incurred by the Design -Builder relating to the payment of Overtime premiums, in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium, and additional taxes and insurance directly associated with the Overtime wage premium. The Design -Builder agrees that it will not charge for personnel paid a salary, or other form of compensation such that the Design -Builder incurs no direct costs as a result of the Overtime. The Design -Builder shall total the direct Overtime charges, and add the agreed upon overhead rate, but in no case shall such overhead rate exceed ten -percent (10%) of the total Overtime costs. Overtime may only be charged to Owner if the Design -Builder was directed in writing by the Owner to incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order Scheduling of Overtime: The Owner and the Design -Builder shall establish and agree upon an overall project baseline schedule that shows all work scheduled in excess of forty (40) hours per week, and work scheduled on Saturdays, Sundays and Holidays ("'Scheduled Overtime"). Whenever the Design -Builder has Work scheduled beyond the hours per day, days per week, or the Saturdays, Sundays or Holidays shown on the baseline schedule ("Unscheduled Overtime"), then the Design -Builder shall arrange in advance for Owner or the Owner's representative to inspect the Work performed during Unscheduled Overtime. The Design -Builder shall not perform Overtime Work, scheduled, unscheduled without the Owner or the Owner is representative at the Work Location, or available to perform the inspection, as directed by the Owner. The Design- 151 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Builder shall reimburse for any additional costs associated with the Owner or the Owner's representative's Overtime pay related to Unscheduled Overtime. 2. Force Majeure: No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of nature or other event to the extent that: (a) the non-performing party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources, work -around plans or other means. Such causes include but are not limited to: act of civil or military authority (including but not limited to courts and administrative agencies); acts of God; war, terrorist attacks; riot; insurrection; inability of Owner to secure approval, validation, or sale of bonds; inability of Owner or Design -Builder to obtain any required permits, licenses or zoning, blockades; embargoes; sabotage; epidemics; fires; hurricanes; tornados; floods, or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including the payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or non- performance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates, will be thereby affected. 3. Interruptions: In situations whereby Design -Builder deems it necessary to interrupt operations, only a twenty-four (24) hour downtime is permissible. PRICE PROPOSAL Task 1-4 Engineering Task Descriptions Task Cost 1 Review of Project Performance Criteria / Value Engineering and Design 1.1 Review of Project Performance Criteria / Value Engineering and $ 15,567.05 Design 1.2 Public Relations $ 57,533.53 161 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 2 Design Development Task Cost 2.1 Neighborhood Construction Plan review $ 31,854.10 2.2 Forcemain Design Development $ 81,784.39 2.3 Landscape Plan Development (allowance) Moved to Below 2.4 Regulatory Agency/Permit Review, Coordination and $ 40,650.29 Applications 2.5 Topographic and Hydrographic Field Survey and Locates $ 132,817.34 2.6 Geotechnical Investigations $ 101,006.76 2.7 Easement Acquisition $ 30,133.53 3 Meetings and Project Management 3.1 Progress Meetings $ 72,535.26 3.2 Project Status Reports $ 81,283.81 4 GMP Pricing $ 23,651.44 Task 5 Early Construction Task Development Task Cost 5.1 Tree Removal / Replacement $ 53,950.29 5.2 Sealcoat and stripe Church Parking Lot $ 1,416.76 5.3 Watermain, Driveway and Sidewalk $ 53,739.21 5.4 Project Quality Control (QC) and Technical Review (Preparation) $ 5,542.53 Early Construction Subtotal $ 750,476.30 2.3a I Landscape Allowance (Task Development) 1 $ 17,900.00 Task 6 Early Construction Task Efforts Task Cost 6.1 Tree Removal / Replacement (Allowance) $ 465,375.00 6.2 Sealcoat and Stripe Church Parking Lot $ 16,700.00 6.3 Watermain, Driveway and Sidewalk $ 1,800,000.00 6.4 Project Quality Control (QC) and Technical Review $ 6,250.84 Im lementation Early Construction Subtotal $ 2,288,325.84 171 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Development and Early Construction Total (Less $ 3,038,802.13 Allowance) 2.3b Landscape Allowance (Task Efforts) $ 43,978.12 Total with Allowance $ 3,100,680.25 6.00 % Fee $ 186,040.182 Phase I Total: $ 3,286,721.07 END OF SECTION 181 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment G PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II ATTACHMENT H PHASE 1 -DESIGN DEVELOPMENT GUARANTEED MAXIMUM PRICE DEVELOPMENT SCOPE OF WORK CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE II This Authorization, when executed, shall be incorporated in and become part of the Agreement for Design -Build Services between the City of Boynton Beach (Owner or City), and Ric -Man International Inc. (Design -Builder), dated hereafter referred to as the Agreement. PROJECT BACKGROUND The Design -Builder will ultimately perform engineering design, surveying, geotechnical work, permitting, construction, installation and start-up support in the form of a two-phase Guaranteed Maximum Price (GMP) approach. This Phase I Scope of Services involves design development and GMP development services for implementations CENTRAL SEACREST UTILITY IMPROVEMENTS PHASE II project. The Central Seacrest Corridor Drainage Improvements and Water Main Replacement project was complete in 2013 by C2MHILL and consists of two phases. Phase 1 construction was completed. Phase 2 is the subject of this RFQ. Contract 1 (Phase 1) included the northern portion of the project area extending from SW 6th Ave to Boynton Beach. Contract 2 (Phase 2) includes the southern portion of the project area and consists of watermain replacement, stormwater system upgrades including new exfiltration trench, pavement overlay, landscape relocations and miscellaneous upgrades to driveway aprons and sidewalks, a 2" Reclaimed Water line along Seacrest Blvd, and Landscaping along Seacrest Boulevard. The Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design drawings by CH2MMLL (October 2013) and Landscape drawings by G. Allan Hendricks (November 2010) shall be considered the base design drawings and are provided in Appendix A and C-1 from the RFQ. A comprehensive list of existing reference documents used to prepare the base design is included in Appendix D of the RFQ. The criteria to design and construct Contract 2 have been revised and are included here in. The Design Build Team shall exercise creativity and due diligence to complete the project in accordance with project base design drawings, City General and Special Conditions and included herein. The major scope components will include the following utility facilities improvements • Watermain distribution system replacement and upgrades and reestablishment of water service connections • Stormwater system upgrades including new exfiltration trench • Roadway reconstruction and Pavement overlay • Landscape relocations and miscellaneous upgrades • Sidewalk / Driveway Apron construction • 2" Reclaimed Water line along Seacrest Blvd 1IPage RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II • Forcemain construction and easement acquisitions • Landscaping along Seacrest Boulevard • Church parking lot modifications (seal and restripe) Design -Builder will execute this work in a two-phase process. The first phase will involve preliminary engineering design, surveying, and geotechnical work for the development of Design Documents to be completed to a GMP development level of completion. Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated with the construction of this portion on the projects will be required. The primary submittals or deliverables of Phase 1 will consist of a forcemain alignment recommendation report, forcemain drawing and permit application, as well as a GMP development document, which will further elaborate on the scope, budget and schedule of the Project. As part of Phase 1 activities, the Owner shall have the opportunity to review and comment on the GMP program, schedule and budget. Phase 2 will include final design, other permitting, procurement, construction, installation, commissioning, and start-up services. Basic Services to be provided by Design -Builder include the following: SCOPE OF WORK Phase 1 - Design Development/GMP Development The following scope items have been identified for Phase 1: Task 1- Review of Project Performance Design Criteria / Value Engineering and Design Subtask 1.1 - Review Neighborhood Project Performance Criteria Subtask 1.2 — Public Involvement, Neighborhood Meeting Task 2 - Design Development Subtask 2.1 -Neighborhood Construction Plan Review Subtask 2.2 - Forcemain Design Development Subtask 2.3 — Seacrest Boulevard Landscape Subtask 2.4 - Regulatory Agency Permit Review, Coordination and Applications Subtask 2.5 - Topographic and Hydrographic Field Survey and Locates Subtask 2.6 - Geotechnical Investigations Subtask 2.7 — Easement Acquisition Task 3 - Meetings and Project Management Subtask 3.1 - Progress Meetings r RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Subtask 3.2 - Project Status Reports Task 4 - GMP Pricing Task 5 - Early Construction Activities Subtask 5.1 — Tree Removal and Replacement (After establishing pricing — Task 4) Subtask 5.2 — Sealcoat and Stripe Church Parking Lot Subtask 5.3 — Watermain, Driveway and Sidewalk Construction (After establishing pricing — Task 4) Subtask 5.4 - Project Quality Control (QC) Technical Review Phase 2- GMP Execution/Final Design/Construction and Close out Task 6 - Final Design Task 7 - Procurement Task 8 - Construction Task 9 - Project Close out The detailed scope of services for Phase I is included as follows: PHASE 1 - DESIGN DEVELOPMENT/ GMP DEVELOPMENT TASK 1 - REVIEW OF PROJECT PERFORMANCE CRITERIA / VALUE ENGINEERING AND DESIGN This task provides for the initiation of the Project, a Design Stage Review Step that involves the review and evaluation of previous work relating to the Project, a review of Project Performance Criteria meeting between the Owner and Design -Builder personnel to evaluate alternative criteria and design concepts and consider life cycle and capital cost saving opportunities. Once the viable alternatives are identified and evaluated, a Design Definition Meeting between the Owner and Design -Builder personnel will be conducted to select design concepts for the wastewater Forcemain and project performance modification for the Neighborhood Improvements. Subtasks are as follows: Subtask 1.1- Review of Project Performance Criteria / Value Engineering and Design The Design -Builder will review previous documents prepared by others and that have served as guidance for development of the Request for Qualifications (RFQ) for procurement of the Design -Builder. This review will be to clarify project goals, understand the nature and scope and the project performance criteria / design concepts. The Design -Builder will confer with Owner on documents and/or data to be reviewed, including existing design plans and specifications, concept plans and design criteria. 31 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II As part of the preparation for the Criteria review meeting, the Design -Builder will review the following reports, that previously documents, design criteria and recommendations for which the Scope of Work as defined in RFQ were based on: • The Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design drawings by CH2MHILL (October 2013) • Landscape Plans by G. Allan Hendricks (November 2010) • Proposed Forcemain Concept Plan • Proposed Church Parking Area Concept Plan Subsequent to this expedited review, the Owner desires to hold a review meeting of the Project Performance Criteria / Value Engineering to identify and evaluate the existing design concepts and criteria against other potential options. Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated with the construction of this portion on the projects will be required. Design, Construction and technology experts from the Design -Builder will prepare for and participate in this meeting which will use the Design Manager as a Facilitator, with the goal of either reviewing the existing design plans and concepts and determining if there are viable alternatives that (I) may decrease overall Project costs and/or (2) may offer design enhancements that improve the overall value of the Project. If viable alternatives are identified and agreed to, the Design -Builder will provide comparative planning - level cost estimate to determine if the identified alternatives result in an overall lower Project cost and/or maintenance benefits offer significant additional value to the OWNER. Subsequent to this project review meeting, Design -Builder will prepare a draft set of minutes to include comparative planning level cost estimates for the identified viable alternatives. Project Performance Criteria The Owner wishes the Design Builder to utilize the Central Seacrest Corridor Drainage Improvements and Water Main Replacement Contract 2 design drawings by CH2MHIL,L (October 2013) as the basis for the Phase II construction as modified by the following performance criteria. The Owner and Design - Builder will consider the following Performance Criteria, at a minimum, for inclusion in the Phase 1 design on the project: A. Water Main Replacement Construction Engineering and construction of 6 -inch and 8 -inch diameter potable water distribution main within the Contract 2 project area. The existing distribution water main within the proposed Contract 2 area will be removed or grouted. All existing service lines will be connected to the new water main. Existing meters will be relocated as required. Existing fire hydrants will be removed, salvaged, and replaced with new city standard fire hydrants. Additional water main modification requirements are described as follows: 1. The water main shall be located on the same side of the road as shown on the base design drawing, between the roadway centerline and the right of way line. The preferred location shall be 2 feet inside of the edge of pavement, unless pipe bursting method is used. Pipe material may be PVC C-900 instead of Ductile Iron 41 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II as applicable, in the event of pipe bursting HDPE will be accepted. Ductile Iron pipe will still be required for conflict crossings and Fire Hydrant branches. 2. Asbestos cement piping (ACP) hatched and called out for removal may be abandoned in place or removed, unless pipe bursting is used. Most of the ACP shall be abandoned in place. Any removal of ACP shall be done in accordance with all FDEP requirements. Abandoned pipes 4 -inches in diameter or greater shall be grout filled. Non -ACP mains 4 -inches and larger under hard surfaces (Roads, Driveways, Sidewalks, etc.) shall be grouted, and cut and capped in green areas. 3. Changes in pipe alignment may be accomplished using appropriate fittings or through pipe deflection. Pipe deflection at the joint is allowed when utilizing ductile iron pipe only, and shall not exceed 75% of the manufacturer's recommended maximum joint deflection. 4. The Design Build Team may propose a revised fire hydrant layout with spacing in accordance with the NFPA 1 Fire Code for approval by the City. The Fire Marshall may review the fire hydrant layout for approval. Any AutoCAD modifications shall be considered an additional scope. 5. Details regarding interconnections and Testing for PBC Health Department clearances are not specified, therefore the Design Build Team shall develop the plan to satisfy Health Department permit and clearance requirements. A testing plan shall be submitted for approval by the City. 6. Air release valves are required at high points on the water main. The number and location shall be field verified by the Design Build Team. 7. ALL water service connections located to the rear of customer properties shall be relocated to the front of the property by the Design/Build team. 8. The Design Build Team shall be responsible for coordinating with property owners for the completion of the work associated with Contract 2. Coordination shall include but not be limited to construction notification letters, notarized Hold Harmless Agreements, right of entry forms, individual plumbing permits, trees removal/relocation/replacement, and any other coordination deemed necessary by the City 9. If after two documented attempts to obtain the Right of Entry permits from the owner with no success, the Design Build Team shall proceed with the correspondent service transfer. The Design Build Team shall be responsible for coordinating Right of Entry Permits, Building Permits and any other applicable permits required for the service relocation B. Stormwater System Improvements 51 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Design and construction of exfiltration trenches with 24 -inch drainage pipe in various areas within the Contract 2 area. The general locations of the exfiltration trenches and stormwater structures are shown in the existing design drawings. Additional design requirements are described as follows: 10. The location of storm structures and exfiltration trenches may vary from the base design drawing as needed. Storm structures are to be installed at low points within the right-of-way to facilitate collection of roadway stormwater runoff. 11. Storage volumes shall remain as shown on the base design drawing. 12. Wastewater sewer service laterals in conflict with construction shall be removed and replaced with C900 PVC pipe and fittings in accordance with the current City Construction Standards and Details. C. Reclaimed Water System Extension Design and construction the following: 13. 2" reclaimed watermain extension from the existing box at SW 6th Ave. up to SW12th Ave. 14. A 12"x6" tap with 6"x2" reducer at SW 12th Ave and construct a 2" reclaimed water main up to SW 2nd Ave, and install a meter box. D. Landscape Removal and Replacement Design and construction of landscape shall include the removal of all trees currently located within the public right of way. Landscape improvements shall be in accordance with the following: 15. Landscape improvements shall be completed in accordance with the Seacrest Improvements Landscape Plan. The Contractor shall apply for and obtain the required landscape permit associated with the landscape work 16. Upon removal of trees from the right-of-way in front of homeowners property and at the request from the property owner, up to four trees may be replaced on the owner's property at a 2 to 1 ratio. Trees that will be used for replacement are listed in the attached Central Seacrest Corridor Tree Selection Right Tree — Right Place Form. 17. Upon request from the adjacent property owner, the Contractor may also relocate trees from the public right-of-way to owner's property. Eligibility for tree relocation will be dependent upon the size and type of trees being requested. 18. The Contractor will be responsible for coordinating the Tree Selection, Right Tree — Right Place Forms and notarized Hold Harmless Agreement prior to the tree relocation or replacement. The Contractor must provide the City with a signed and notarized copy of the Hold Harmless Agreement prior to the tree relocation or replacement. RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II 19. As a reference, the spreadsheet CSC PH2 BASIC INVENTORY OF TREES AND PRELIMINARY CRITERIA FOR REMOVAL / REPLACEMENT / RELOCATION / SAVE. — (Appendix "D" from RFQ). 20. The disturbed sod and irrigation shall be restored in kind or to better conditions. The Design Build Team shall verify and document the existing conditions for granting the as -built. E. Sidewalk and Drivewav Anron Imnrovements Design and construction of new sidewalks at locations where there are discontinuations in the existing sidewalk 200 feet or less. Design and construction of new concrete driveway aprons to replace existing swaled, asphalt or damaged driveway aprons. Six (6) new bus benches with center rails and trash shall be included in the design. The location of the benches shall in the general vicinity shown on the Seacrest Improvements Landscape Plan. Sidewalks and benches shall be ADA compliant. F. Cast in Place Concrete and Asphalt All damaged or failing asphalt edges within the limits of the project shall be repaired. The repaired area shall be a minimum of 18 -inches wide. The surfacing shall be mechanical saw cut, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. Stabilized subgrade shall be compacted for its full thickness (minimum 12") and not less than 98 percent of maximum density. Base course shall consist of lime rock material a minimum 8", compacted to 98% of the maximum density at AASHTO Method T-180. The base surface shall be tack -coated and an asphaltic concrete structural course consisting of matching type and thickness of that removed shall be constructed to match the undisturbed grade at all edges. Restore pavement markings, reflectors, traffic loops, etc. to equal or better than existing conditions. All the roads within the project area shall be milled and resurfaced; ponding in existing roads shall be corrected during resurfacing. All existing swaled driveway aprons, asphalt driveway aprons and damaged driveway aprons shall be removed and replaced with a typical Concrete Driveway Apron in accordance with the City Construction Standards and Details. The Design Build Team shall avoid damage or disruption of existing driveways constructed of stamped concrete or pavers. Existing concrete sidewalks shall remain, except where removal is necessary for construction. Include replacement of broken sections of sidewalk and replacement of asphalt sidewalks. New concrete sidewalk shall be constructed at all gaps or discontinuations in the existing sidewalk 200 feet or less. New sidewalk shall be constructed along the north side of SW 12th Ave from SW 3rd St up to Seacrest Blvd. The Design Build Team shall complete additional sidewalk improvements as shown in the Seacrest Improvements Landscape Plan. The Landscape Plan is provided in Appendix C-1 from RFQ. 71 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II All newly constructed sidewalks connecting to roadways and newly installed bus benches shall be ADA compliant. As a reference, attached is the spreadsheet CSC PH 2 PRELIMINARY INVENTORY / CRITERIA OF DRIVEWAY APRONS — SIDEWALKS REPLACEMENT / REPAIR. - (Appendix "D" from RFQ) G. Forcemain Construction The construction of a 10 -inch diameter forcemain is to be constructed along SE 13th Avenue from SE 3rd Street eastward to SE 1st street. The forcemain will then turn south and travel along SE 1st Street, crossing Woolbright Road, and enter into the East Water Treatment Plant Site. The forcemain will continue south along the eastern boundary of the plant site to a point west of SE 18th Avenue. At That Point the forcemain will turn east and cross the railroad right-of-way and continue east along SE 18th Avenue to the east side of Federal Highway. The forcemain will then turn north and end at the SW corner of the River Walk Plaza Parcel. A sketch of the route can be found in Appendix C-2 from RFQ. H. Parking Lot Project Along with roadway improvements outlined in the Base Construction Drawings, parking lot seal coat, restriping and associated handicapped parking signs to the First Presbyterian Church parking Lot are to be constructed. These improvements are shown on the plan in Appendix C-2 from RFQ. L Miscellaneous Improvements Miscellaneous site restoration and infrastructure replacements will be necessary as a result of the potable water, reclaimed water and storm system replacements and improvements. The miscellaneous improvements shall include but not be limited to sewer lateral replacements, sidewalk and curb replacements, road restoration, tree relocation, and irrigation and sod restoration. All design and construction including materials and appurtenances will conform to the Palm Beach County Streetscapes Standards Manual and the City of Boynton Beach, Utility Engineering Design Handbook and Construction Standards. In addition to the above performance criteria, the following items are required as part of this project. Demolition: the CITY or its representative shall inspect any equipment, piping, fittings, valves and appurtenances to be removed or abandoned immediately prior to removal or abandonment. Such material, which is in the opinion of the CITY or its representative, salvable, shall be removed and transported to a location designated by the CITY. If the equipment is not wanted by the CITY, the Design -Builder shall become the owner of the equipment and shall dispose of it. Under no circumstances shall existing structures, piping or equipment be removed or demolished without obtaining approval from the CITY or its representative. The Design -Builder shall be responsible for transporting the salvable material to the desired location. Dewatering System: The Design -Builder shall install dewatering equipment as necessary to maintain a dry work area for all new installations. Groundwater sampling and analysis shall comply with the Florida RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Department of Environmental Protection (FDEP) Generic Permit for Groundwater Discharge. The sampling and analysis shall be performed in accordance with FDEP's Standard Operating Procedures (SOP'S) and all laboratory analysis shall be performed by a State of Florida approved laboratory. Mitigation: The Design -Builder shall develop a mitigation strategy covering major events that might affect the Project such as severe weather or protracted loss of treatment capacity caused by work within the Project. Schedule: The Design -Builder shall provide a project schedule showing major activities such as, design and permitting, construction activities and final completion. Design Definition Meeting: The goal of the Design Definition Meeting is to review performance design criteria and recommendations, discuss incorporation of the viable alternatives developed in Subtask 1.1, set the extent of team involvement, discuss desired concepts, establish lines of communication, and discuss schedule. Subsequent to this meeting, Design -Builder will prepare a draft set of minutes to include a finalized list of design elements. Design -Builder will receive comments on the draft minutes, revise said documents, and submit an electronic copy of the Final Minutes. The design concepts present in the Final Minutes will serve as the basis of design for the Design Development (Phase 1) and the Final Design/Construction Phase (Phase 2). Subtask 1.2 - Public Relations The Design -Builder will be responsible for project safety and quality control, as well as other activities necessary to construct the project. The Design -Builder shall employ an independent personal relations specialist or firm to assist with communication between the project team and the effected community. Communication shall include coordination and information transfer via public meetings, telephone, email, newsprints and pamphlets. The Design -Builder shall provide the project with a separate telephone number and email address. The public outreach firm shall update the utilities Facebook and Twitter accounts as required and shall coordinate updates with a designee from the City. Facebook and Twitter account shall be used to broadcast project updates on frequent basis. Facebook will be used to update followers on the progress of the project, any road closures or impacts to the quality of life, schedule updates and other information as necessary at least once per weekday utilizing pictures as much as possible. The Twitter account shall be used for multiple daily updates of the project status including road closures or disruptions of transportation corridors and locations of daily work. Pictures shall be used where possible. The Design — Builder will develop a strategy for distributing and collecting the required documentation from the neighborhood stakeholders for their tree relocations, water service installation and driveway apron construction. Projects that have a construction period longer than nine (9) months shall also publish a one page electronic monthly newsletter that contains project status that will be pre -approved by the Utility prior to publication. The Design - Builder will prepare for and conduct a meeting with the neighborhood stakeholders to discuss the improvement plans for the neighborhood. The Owners staff will also attend. The meeting venue is assumed to be provided at the First Presbyterian Church located on the corner of SW 61h Ave. RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II and SW 2nd Street, The Design - Builder will coordinate with stakeholders to obtain require agreements for construction on their property. Tree removal and replacement and driveway apron constructions will also be discussed. Input for the neighborhood will be documented by the Design Builder and where feasible will be incorporated into the construction. TASK 2 - DESIGN DEVELOPMENT The Design Development phase will be structured to develop the Design Package to obtain environmental permits and articulate the engineering and technical concepts culminating in a GMP pricing (Task 4). Design -Builder will conduct various site visits and meetings with the Owner in addition to reviewing all applicable existing engineering data and drawings to fully understand the existing conditions and the Owner expectations. Design -Builder will coordinate this effort with the Owner. Subtask 2.1 - Neighborhood Construction Plans Review This task provides for the preparation of updated (Red -Lining) Neighborhood Improvement construction documents based on the project performance criteria, for the following major scope components, to the level to support any additional application for the Permits and construction: • Watermain Distribution System Replacement and Upgrades: Updated watermain alignment, confirmation of proposed new water meter locations and reestablishment of water service connections: • Stormwater System Upgrades: Construction of swale system throughout neighborhood including new exfiltration trench. In addition removal of unpermitted asphalt parking placed in City right of way. • Roadway Reconstruction and Pavement Overlay: Roadway restoration over trench along with pavement overlay. • Landscape Relocations and Miscellaneous Upgrades: Relocation or replacement of trees within the public right of way to facility construction of project improvements. • Sidewalk / Driveway Apron Construction; Restoration of deteriorating and broken sidewalks along with construction of additional new ADA compliant sidewalks throughout the neighborhood. Replacement of swaled asphalt and damaged driveway aprons with new concrete aprons • Church Parking Lot Modifications: Sealcoat, striping and associated handicapped parking shown on the concept plan all in accordance with City Standards. Subtask 2.2 — Forcemain Design Development The Design - Builder shall develop the conceptual forcemain plans to a level to enable permit applications submission and GMP development. The Design - Builder shall evaluate up to 3 forcemain routes and conduct preliminary evaluations regarding the feasibility of each route. A summary memorandum of the route investigation including cost and benefits for each route shall be submitted to the Owner for review. The memorandum will include recommendation as to which route to pursue. Once approved the Design — Builder shall develop construction plans based on the Owner's Utility Standard specification for the selected route. 101 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II This Design -Builder will provide and distribute four (4) full size hard copies and an electronic copy in PDF format through e -Builder of the Design Development documents for review and comment by the Owner. The Owner will review the design documents and other deliverables and will provide comments at a project review workshop meeting to be held within fifteen (15) business days of delivery of documents from the Design -Builder. The Design -Builder will incorporate Owner's comments from the project meeting(s) and resubmit the deliverables in electronic, PDF format, within ten (10) business days from the review meeting(s) for the Owner's review and approval. Subtask 2.3 — Seacrest Boulevard Landscape The Design Builder shall conduct preliminary meetings with City and County permitting agencies utilizing the plans provided in the RFQ to determine the requirements for construction of the landscaping on Seacrest Boulevard. The Design Builder will conduct the necessary investigations to determine the cost to construct the landscape improvements and 2" reuse water main. Subtask 2.4 - Regulatory Agency/ Permit Review, Coordination and Applications The Design - Builder shall provide preliminary geotechnical investigations, topographic surveys and utility locates, and coordination with regulatory agencies. It is assumed that no environmental hazards, such as underground storage tanks, asbestos, and contaminated soil, will need to be identified, located, remediated or disposed of as part of the work. Subtasks related to the work include: Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated with the construction of this portion on the projects will be required. The Design -Builder will be responsible for reviewing and becoming familiar with all permitting efforts that have been conducted and carrying these efforts forward, and obtaining all permits that are required to design and construct the project. Preparation of complete permit packages will be the responsibility of the Design -Builder. The Design -Builder must submit any permit applications to the CITY for review and approval prior to submittal to any permit agencies. All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity. Design -Builder will be required to pay all permit fees. If any agency rejects or denies a permit application, it is the Design -Builder's responsibility to make the necessary changes to ensure the permit is approved. Permit requirements are generally listed below; however, this list is not all-inclusive and the Design - Builder shall provide all permits related to the project: • Florida Department of Environmental Protection • Palm Beach County Health Department (Expires 01/09/2019) • City of Boynton Beach Building Department • Florida Department of Transportation • Palm Beach County Utilities Right -of -Way • South Florida Management District (Expires 12/09/18) • Palm Beach County Landscape Where necessary, Design -Builder will discuss the proposed project with the applicable regulatory agencies to fully define the permit requirements and to identify the major permitting issues that must be 111 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II resolved. A permitting strategy shall be developed to address the major issues identified and to facilitate the permit acquisition process. This scope assumes that public hearings will be required as part of the permitting process. Submit report and other design information as may be required specifically for environmental permitting. Applications for the required permits and approvals shall be prepared for submittal to the respective agencies. Where acceptable, Design -Builder will make applications directly. Subtask 2.5 - Topographic and Hydrographic Field Survey and Locates hl addition to the topographic survey information provided in the Concept Construction Drawings. The Design -Builder shall perform all additional surveying and mapping services necessary to construct the existing neighborhood components and to complete the design and construction of the remaining project components and to provide the CITY with an accurate record of all components, including all new construction, underground lines and utility appurtenances. Survey services must also comply with all pertinent Florida Statutes and applicable rules in the Florida Administrative Code. The Design - Builder shall preform the necessary Hydrographic survey to collect information needed for permitting the selected forcemain route, and for development of the GMP Subtask 2.6 - Geotechnical Investigations The available geotechnical information for project area was provided in the RFQ Appendix D. The Design -Builder will be responsible for identifying and performing additional geotechnical investigation, testing, analysis, and design dictated by project needs. All geotechnical work necessary shall be performed in accordance with the Governing Regulations and Standards. The Design -Builder shall be responsible for its own analysis of all data provided and addition data needed to obtain permits and design project features. The Design -Builder shall submit electronic copies of the Geotechnical (Soils) Report to the OWNER. Subtask 2.7 — Easement Acquisition hl order to install the intra -coastal waterway Forcemain crossing, construction and permanent easements will need to be acquired from property owners. The Design -Builder will coordinate discussions with the property owners for obtaining the required easements. The Design Builder will prepare documents needed for recording the easements in the Palm Beach County Public records. The Owner will assist and coordinate obtaining consent to accepting the easements from the City Commission. TASK 3 - MEETINGS AND PROJECT MANAGEMENT Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with Design -Builder's standards and Owner's expectations. Specific activities included are identified below: Subtask 3.1 - Progress Meetings 121 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II The Design -Builder will coordinate and conduct monthly progress meetings during the project duration. Additionally, the Design -Builder will attend special meetings at the request of the OWNER from time to time. An average of one (1) additional meeting per month with the OWNER staff is assumed. The Design -Builder will prepare and distribute meeting minutes of each meeting as appropriate. Subtask 3.2- Project Status Reports Design -Builder's project manager will prepare and submit monthly written status reports for the life of project. TASK 4 - GMP PRICING Design -Builder will develop a comprehensive GMP package that will clearly define the detailed scope, schedule and anticipated budget to complete the design and construct the Central Seacrest Utility Improvements Phase 2 project complete and operable. TASK 5 - EARLY CONSTRUCTION ACTIVITIES Subtask 5.1- Tree Removal and Replacement Design -Builder will begin the relocation/removal-replacement of existing trees located within the public right of way throughout the project after establishing a price for this task. Subtask 5.2 — Sealcoat and Stripe Church Parking Lot Based on the concept plan provided in the RFQ, the contractor shall coordinate with the First Presbyterian Church to begin the seal coating and restriping of their existing asphalt parking lot. Subtask 5.3 — Watermain, Driveway and Sidewalk Construction Design -Builder will mobilize and begin early Construction activities associated with installation of sidewalks, driveways and watermains after establishing a price for this task. Subtask 5.4 - Project Quality Control (QC) Technical Review An internal project quality management planning session will be conducted at the start of the project. This action is required by Design -Builder' quality management system (QMS) guidelines. OWNER'S RESPONSIBILITIES The OWNER will provide the following to Design -Builder in a timely manner: • Review of Design -Builder work products • Data related to the project sites • Access to the project sites PRICE PROPOSAL ASSUMPTIONS 131 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Phase I design includes the requirements of the RFQ, addenda, and the following: 1. Conduct project kickoff meeting with the Owner staff 2. Review alternate design and performance criteria 3. Perform additional investigations as needed to develop design, permitting and construction strategy. 4. Conduct design preferences workshop with the Owner staff 5. Conduct public workshop to review plans with stakeholders. 6. Advance design to the level to support application permitting and construction estimating and construction. 7. Complete the permit applications 8. Conduct preliminary technical review committee (TRC) review meeting with the Owner staff 9. Submit package (preliminary evaluations, design, costs and permit applications to the Owner for review) 10. Conduct one review meeting with the Owner staff 11. Finalize documents based upon Owner review comments. TIME OF COMPLETION/SCHEDULE CONSULTANT will provide the services for Phase I based on the durations as outlined in the above scope within weeks of Notice to Proceed. See Attachment C (Exhibit 1) - Phase 1 Completion Schedule Task Time of Completion (weeks) Notice to Proceed / Kickoff meeting Reviewing of Project Performance Criteria /Value Engineering & Design Public Involvement Neighborhood Meeting Additional Investigation Neighborhood Updated Red -Line Construction Plans 141 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H PROGRESSIVE DESIGNBUILD AGREEMENT FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE II Forcemain Design Route Feasibility Memo Detailed Surveys and Data Collection Regulatory Agency Coordination Topographic and Field Surveys Easement(s) Coordination /Acquisition Meetings & Reports Early Construction Tasks Negotiate / Finalize GMP 151 Page RFQ # 037-2821-17/TP Central Seacrest Corridor Utility Phase II (Design Build) --Contract Attachment H In In t N M x �e o C4 t N M x �e C4 LU LU z - LU Z LLJ t N M x �e 7a') ri S., P 7.C. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-072 - Authorize the City Manager to sign a contract with Murphy Pipeline Contractors, I nc. of Jacksonville, FL for construction of water distribution system watermain upgrades in the area of SE 27th Ct to SE 31st Ave as shown in the attached drawing in the amount of $1,352,112 and a 10% contingency amount of $135,211 for unforeseen issues for a total cost of $1,487,323. Murphy Pipeline was awarded as Primary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016. EXPLANATION OF REQUEST: A Request for Bids was issued for experience Contracting Firms to submit line item pricing to perform pre - chlorinated pipe bursting of potable water mains (PCPB) on an "As Needed" Basis. Pipe Bursting is a trenchless method of replacing outdated or inadequate buried water main pipes. The new pre -chlorinated pipe is equipped with a bursting head and is pulled through the old pipe. The Scope of Work outlined in the request for Bid includes (but not limited to) the following: ■ Task 1 — Pipe Bursting at various locations ■ Task 2 — Connection to existing water service pipe ■ Task 3 — Maintenance of Traffic ■ Task 4 — Site and Pavement Restoration The selected Contractors furnish all labor, materials, equipment, incidentals and appurtenances to complete the "As Needed" Work as outlined in the purchase orders or Contract. Both submitting firms were evaluated and determined qualified based on their written submissions. The Bid was awarded as follows by the Commission on May 17, 2016: PRIMARY VENDOR: Murphy Pipeline Contractors, 1876 Everlee Road Jacksonville Florida 32216 and SECONDARY VENDOR: Kellebrew, Inc. PO Box6258 Lakeland Florida With City Commission approval, City Staff will issue a purchase order (PO) for the scope of work shown in the attachments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This section of the City's water distribution system (shown on the drawing) has seen an increase in pipeline breaks within the last couple of years. This approval will allow City staff to issue a purchase order, based on the line item unit costs provided by this qualified contractor, to perform the needed potable pipeline replacement project. This water pipeline replacement project will provide increased capacity and reliability for the Page 365 of 612 distribution of potable water and increase availability of fire flow water to this neighborhood. FISCAL IMPACT: Budgeted This is included in the FY 17/18 approved Utilities Capital budget under account 403-5000-535-65-04, Project SW R064. ALTERNATIVES: Not approve the recommended proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Contract D Letter D Quotes D Drawings D Attachment D Bid Description Resolution approving Contract with Murphy Pipeline Contractors Contract Murphy Pipeline Proposal scope letter S E 27th Ct to S E 31st Ave Proposal for S E 27th Ct to S E 31st Ave. Watermain Replacement Plan Agenda item 5-17-16 2016 Murphey Pipeline - line item bid prices Page 366 of 612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH MURPHY PIPELINE CONTRACTORS, INC. OF JACKSONVILLE, FL FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM WATERMAIN UPGRADES IN THE AREA OF SE 27TH CT TO SE 31ST AVENUE IN THE AMOUNT OF $1,352,112 AND A 10% CONTINGENCY AMOUNT OF $135,211 FOR UNFORESEEN ISSUES FOR A TOTAL COST OF $1,487,323; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Request for Bids was issued for experience Contracting Firms to submit line item pricing to perform pre -chlorinated pipe bursting of potable water mains (PCPB) on an "As Needed" Basis; and WHEREAS, Murphy Pipeline was awarded as Primary Vendor as a result of Bid No. 036-2821-16/TP by the City on May 17, 2016; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize the City Manager to sign a contract with Murphy Pipeline Contractors, Inc., of Jacksonville, FL for construction of water distribution system watermain upgrades in the area of SE 27th Ct to SE 31 st Ave as shown in the attached drawing in the amount of $1,352,112 and a 10% contingency amount of $135,211 for unforeseen issues for a total cost of $1,487,323. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\074E1973-AD4D-4D97-8585-3262E41308E2\Boynton Beach. 10439.1. Mu rphy_Pi pel i ne_Contractors_ =Reso. doc Page 367 of 612 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby authorize the City Manager to sign a contract with Murphy Pipeline Contractors, Inc., 33 of Jacksonville, FL for construction of water distribution system watermain upgrades in the 34 area of SE 27th Ct to SE 31 st Ave as shown in the attached drawing in the amount of 35 $1,352,112 and a 10% contingency amount of $135,211 for unforeseen issues for a total cost 36 of $1,487,323, a copy of which is attached hereto as Exhibit "A". 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\074E1973-AD4D-4D97-8585-3262E41308E2\Boynton Beach. 10439.1. Mu rphy_Pi pel i ne_Contractors_ =Reso. doc YES NO Page 368 of 612 CONSTRUCTION CONTRACT PHASE 5.2 — A Portion of SE 2711 Ct to SE 31St Ave for PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Murphy Pipeline Contractors, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of , 2018, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: Re -Bid for the Pre - Chlorinated Pipe Bursting of Potable Water Mains", Invitation to Bid #036-2821-16/TP, and cost proposal dated May 4, 2018. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 140 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _Twelve Hundred_ Dollars ($1,200.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _Three Hundred_ Dollars 300.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Boynton Beach Utilities- Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains C-1 Revised 4/27/2018 Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One Million Three Hundred Fifty -Two Thousand One Hundred Twelve and -0- Cents (Written) $ 1,352,112.00 (Numerical) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 4.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 4.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 4.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 4.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 4.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other Boynton Beach Utilities- Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains C-2 Revised 4/27/2018 parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Notice to Contractors 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 6.4 Warranty of Title / Insurance Advisory Form 6.5 Contractor's Performance and Payment Bond 6.6 General Conditions for Construction 6.7 City Special Conditions `I' 6.8 City Technical Specifications `II' 6.9 City Construction Standards and Details `III' 6.10 Pipe Bursting Standards — Section 4 & Section 5 `IV' ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Joseph Paterniti, Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6423 Copy to: Procurement Services Attn: Director of Finance City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33435 Tel (561) 742-6322 Fax (561) 742-6316 Boynton Beach Utilities- Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains C-3 Revised 4/27/2018 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Murphy Pipeline Contractors, Inc. ADDRESS: 1876 Everlee Road CITY/STATE/ZIP: Jacksonville, FL. 32216 Attn: Andy Mayer Tel: (904) 635-2214 Fax: (904) 379-6193 Article 8. INDEMNITY. In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 10.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 10.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Boynton Beach Utilities- Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains C-4 Revised 4/27/2018 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities- Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains C-5 Revised 4/27/2018 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12018. CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Contractor Title (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities- Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains C-6 Revised 4/27/2018 A TTA CHMENT "A" Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated into a contract with Owner for 20 , entered NO accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12018. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _ 2018, entered into a contract with Owner for In accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12018. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor �) Check One which is named in Construction Contract dated the day of , 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '2018. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant Boynton Beach Utilities — Re -Bid Pre -Chlorinated Pipe Bursting of Potable Water Mains WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire)$ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident)to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified INSURANCE ADVISORY FORM $ 300, 000.00 Limits based on Project Cost to be determined MLP Murphy Pipeline Contractors, Inc. May 04, 2018 Mr. Joe Paterniti — Interim Utility Director The City of Boynton Beach Corporate Headquarters OFFICE: 904.764.6887 FAX: 904.379.6193 ADDRESS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office OFFICE: 414.321.2247 FAX: 414.321.2297 ADDRESS: 1973 S 911 Street Milwaukee WI 53227 murphypipelines.com swagelining.com SENT VIA E-MAIL (PaternitiJ@bbfl.us) Subject: Boynton Beach Water Main Phase 3 Dear Mr. Paterniti: Murphy Pipeline Contractors (MPC) is pleased to submit the attached proposal and Scope of Services to your team for The Phase 3 Boynton Beach Water Main Replacement. PROJECT INFORMATION The phase 3 project is an extension of the low bid award contract in May 2016. All pricing is an extension of the original contract and MPC will honor 2016 pricing. A field meeting on March 27th 2018 was conducted with Boynton Beach staff to discuss scope and areas for water main replacement. SCOPE OF SERVICES The Phase 3 Boynton Beach Water Main Project consists of pre -chlorinated pipe bursting and/or other means or methods including open trench construction. The scope of services our firm shall include • Pre -chlorinated Pipe Bursting 10,623 LF of 6" DR -11 • Pre -chlorinated Pipe Bursting 19,50LF of 8" DR -11 • Connection to 239 existing water services • Fire Hydrants and Gate Valves • Maintenance of Traffic (M.O.T.) • Site Restoration, pavement repairs, resurfacing and striping • All materials, labor, equipment, incidentals, and appurtenances necessary to complete the City's project • The specific locations are clearly defined in the aerial water main replacement layout. SCHEDULE The anticipated schedule of the project is 126 days from Notice to Proceed (estimated 4 months) Please note, this does not include the material procurement time. Based on current market it is 6-8 weeks for production and to deliver to job site after issuance of P.O. COST The total project cost $1,352,112.00 as defined in the unit price proposal; which is an extension of the 2016 pricing. Page 384 of 612 MLP Murphy Pipeline Contractors, Inc. Attachments: Corporate Headquarters OFFICE: 904.764.6887 FAX: 904.379.6193 ADDRESS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office OFFICE: 414.321.2247 FAX: 414.321.2297 ADDRESS: 1973 S 911 Street Milwaukee WI 53227 murphypipelines.com swagelining.com 1. Boynton Beach Water Main Phase 3 Unit Price Proposal 2. Boynton Beach Water Main Phase 3 Aerial Water Main Replacement Layout 3. Contract renewal agreement between the City of Boynton Beach and Murphy Pipeline Contractors Should you have any questions, please do not hesitate to contact me at my office at +1 (954) 842- 4771, my cell phone at +1 (954) 954-254-7898 or send me an electronic message at RichardCP_MurphyPipelines.com Respectfully submitted, Murphy Pipeline Contractor Richard Crow Regional Manager CC: Andy Mayer, MPC President Page 385 of 612 11J!�ir Pipeline Contractors, Inc Boynton Beach Water Main 3 Mobilization/Demobilization Per Project 1 LS $17,500.00 $17,500.00 MOT Per Project, City Right of Way 1 LS $2,000.00 $2,000.00 Pre -Construction Video 1 LS $1,000.00 $1,000.00 Indemnification/Individual Projects 1 LS $25.00 $25.00 Sod Restoration 26800 SF $0.72 $19,296.00 6" Concrete 1436 SF $12.50 $17,950.00 3" Asphalt 2400 SF $6.50 $15,600.00 6" HDPE DR -11 by Pre -Chlorinated Pipe Bursting 10623 LF $68.00 $722,364.00 8" HDPE DR -11 by Pre -Chlorinated Pipe Bursting 1950 LF $80.00 $156,000.00 6" Gate Valve 33 EA $1,176.00 $38,808.00 8" Gate Valve 9 EA $1,480.00 $13,320.00 Install Fire Hydrant on 6" WM 7 EA $3,000.00 $21,000.00 Intall Fire Hydrant on 8" WM 1 EA $3,100.00 $3,100.00 Install 6x6x6 Tee 26 EA $735.00 $19,110.00 Install 8x8x6 Tee 12 EA $825.00 $9,900.00 Up To 1" Short Side Water Serv. Connection - 6" WM 120 EA $637.00 $76,440.00 Up To 1" Long Side Water Serv. Connection - 6" WM 104 EA $1,225.00 $127,400.00 Up to 2" Long Side Water Serv. Connection - 8" WM 15 EA $1,600.00 $24,000.00 6" Line Stops 6 EA $6,500.00 $39,000.00 8" Line Stops 2 EA $8,000.00 $16,000.00 Payment & Performance Bond I 1 LS 1 $12,299.001 $12,299.00 $1.352.112.00 Notes: 04 WM tees located in Driveways contribute to concrete restoration SOD Restoration assumed to be QTY of burst pits, Fire Hydrants and service connections times 100 SF 07 fire hydrants that will need to be reconnected Line stops have been added; if needed per City of Boynton Beach request 2 010AW-1 =4 0 On April 20, 2016, Procurement Services opened two bids in response to the advertised Re -Bid No. 036-2821 - 16/TP, Contractors were instructed to submit line item pricing to perform pre -chlorinated pipe bursting of potable water mains (PCPB) on an "As Needed" Basis. Pipe Bursting is a trenchless method of replacing outdated or inadequate buried water main pipes. The new pre -chlorinated pipe is equipped with a bursting head and is pulled through the old pipe. * Task 1 — Pipe Bursting at various locations Connection to eAsting water service pipe * Task 3 — Maintenance of Traffic T ask 4 — Site and Pavement Restoration The selected Contractors will furnish all labor, materials, equipment, incidentals and appurtenances to completz the "As Needed" Work as outlined in their line item pricing submitted with the bid package. Both Murphy Pipeline Contractors, and Killebrew, Inc., were evaluated and determined qualified based on their wriften submissions. ?ward. With City Commission approval, Utilities Staff will negotiate purchase orders for the scope of work as presented in Scenario no. 1, no. 2, and no. 3. - I I M ro Lid N IVA 1_711;rw 111,7A Its 41ZA IIII 111;R or"1114 III (Q*3f*1.1 s i ATMA HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This bid award would allow City staff to issue purchase orders based on the unit costs provided by the qualified contractors to perform potable pipeline replacement Water main replacement will provide increased capacity and reliability for the distribution of potable water as well as fire flow water to areas with increasing deman4s. FISCAL IMPACT. Budgeted Page 262 of 477 Page 388 of 612 ALTERNATIVES: Nota prow the recommended contractors as provided and request that a new bid for Pre-Chlor»«x:« v. Bursting of Potable Water Mains be issued. ATTACHMENTS: Type D D dd D Uw7Tw,T411;_; DepartmentReviewer Date F i e brarlla;, J,,,,111iie s ,Ade AID I' 1 d.1 1 1 2 6 P2 a,on,, Action Date AID I' 1 2 6 P2 61, PM A P P,;" d 9«Z >6 2>4P2 A,.r �pr,,,�,,,,vet.J ".3 /12'2 0 ,i:49 AM Page 263 of 477 Page 389 0 812 7: M* �:, I •117 • FF7 Is �15 WATER MAINS" experience in pre -chlorinated pipe bursting of utilty system water mains. The Scope of Work for Pre - Chlorinated Pipe Busting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials and equipment necessary to complete the City's project(s). Submitted By: MURPHY PIPELINE CONTRACT RS Date: 4/18/16 (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. 1 . The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY to perform and furnish all WORK as specified herein for the scopes of work that will be identified by the City on an "As Needed Basis". The BIDDER agrees, if this BID is accepted, to prepare a price proposal for each identified project based on the approved line item pricing submitted in the Schedule of Bid Items. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 390 of 612 a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date IZEE�� BIDDER has familiarized itself with the nature and extent of the Bid Documents, localikA and all local conditions and laws and regulations that in any manner may affect co progress, performance or furnishing of the WORK. i C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the line item pricing listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. Page 391 of 612 Re -Bid for The Pre -Chlorinated Pipe Bursting of Potable Water Mains Bid No. 036-2821-16/TP The Scope of Work for Pre -Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work. Furnish and Install is defined as all work and includes, but is not limited to preparation and restoration required to complete the designated line items. IT DESCRIPTION OF BID IT UNIT UNITC T Section 1 GENERAL CONDITIONS Mobilization/Demobilization per project LS 17,500.00 M.O.T. per project, City Right -of -Way LS 2,000.00 GC -1 M.O.T. per project, Palm each County FDOT Roadway LS 5,000.00 Pre and Post Construction Video LS 1,000.00 Permit Applicable Permit Allowance (actual cost reimbursement by TBD TBD City) NPDES NPDES (if applicable) may not exceed 1.5% of the project TBD TBD cost Drawings Record Drawings (if applicable) TBD TBD Survey Construction Survey (if applicable actual cost reimbursement TBD TBD by City 1-1 Indemnification/individual Projects LS $25.00 R-1 SURFACE RESTORATION -1 Sod Sod SF $012 R-1 B 6" Concrete SF $12.50 R-1 C 3" Asphalt SF $6.50 R-1 D ]Curb LF P40.00 Page 392 of 612 BF -4 Page 393 of 612 DESCRIPTION OF BID ITEM PIPE BURSTING FURNISH AND INTALL Pipe Bursting — Furnish and Install — Per Linear Fo t t -inch H DPE DR1 1 by Pre-Chorinated pipe bursting malamm I MOM Valves and Fittings — Furnish and Instail 6 -inch Gate Valve ■ 0 -inch Gate Valve• 2 -inch Gate Valve FIRE HYDRA WILL BE FURNISHED BY CITY Install Fire Hydrant on 6-inclh water main Install Fire Hvdrant on 8 -inch water main ee 6x6x6 ee 8x8x6 ee lOxOlOx6 ............. ee 10xlOxlO ee 12xl2x6 2xlO ee 12xl2xl2 EODOUBLE SERVICE Up to 1 -inch Short Side Water Service Connection -inch Water Main -inch Water Main 2 -inch Water Main p to 2 -inch Short Side Water Service Connection asing) 800.00 -inch Water Main I ch Water Main SINGLE OR DOUBLE SERVICE -inch Water Main -inch Water Main 1 0 -inch Water Main 12 -inch Water Main BF -4 Page 393 of 612 4.4 SINGLE OR DOUBLE SERVICE Up to 2-inch Long Side Water, Service Connection (in EA 4,4.1 casing) 1,400.00 4.4.2-inch Water Main EA 1,450.00 4.4.3 -inch Water Main EA- 1j600 00 4A4 110-i ch Water Main EA 1 800.00 1 80� 4A5 112-inch Water Main EA $2 '10 $2,100.00 Section 5 11-ine Stops — Furnish and Install 5A �-inch Water Main MFA EA $ 0 5.2 8-inch Water Main EA 00 8 000Q0 5.3 10-inch Water Main ............... EA 10000.00 5.4 12-inch Water Main ............... ................... EA .... ............... ......... .................. 15,000.00 mm FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 394 of 612 COST ESTIMATE FOR 4=0 BELOW BY USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS (Pages RP -4 AND BP -5) AND SUBMIT ON YOUR LETTERHEAD. SEE SUPPLEMENTAL CONDITIONS, SCC — 4. Six-inch water main (Asbestos Pipe) that runs a length of 300 linear ft. (from east to west) through the easement of a residential neighborhood at 4 -feet deep. This water main loops the system; no residents are connected to it. No fire hydrants are connected. The 6 -inch water main is wet tappeti off of a 16 -inch transmission water main that is in a FDOT roadway and ties into an 8 -inch water main 300 linear feet away on to a city roadway. Both 6 -inch valves are not leaking and are in good condition. Restore asphalt 100 sq. ft. of FDOT approved asphalt and any sod that needed to be removed. The utility wants the water main to remain its current size. N -M "T"Y Twelve -inch (cast iron) water main that runs 250 linear ft. in utility right-of-way at 6 -feet deep. At the distance of 150 linear feet, the 12 -inch water main reduces to an 8 -inch water main (cast iron). Where the water main reduces from a 12 -inch to an 8 -inch water main, there is a 12 -inch x 8 -inch reducer and an 8 -inch gate valve. Two (2) fire hydrants, which have two (2) individual valves, are connected to the water main. There are resident service lines that are fed by this water main, 12 long -side service lines and 8 short -side service lines for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 12 -inch reducing ;Ojown to 8 -inch if possible. Four -inch water main that runs in utility right- of- way at a depth of 3 -feet and a total length of 800 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that three (3), 8 -inch x 6 -inch tees be installed along the line; position of tees will be specified by the utility, and three (3) 6 -inch valves to coincide with each tee for future installation of three (3) fire hydrants. The fire hydrants will be installed by the utility at a later date. There are 13 short -side services and 12 long -side services for a total of 25 resident gervice lines. The utility wants to upsize the water main from a 4 -inch to an 8 -inch water main. TM Page 395 of 612 Corporate Headquarters OFFICE: 904.764.6887 FAX: 904.379.6193 ADDRESS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office MYMCurphy Pipeline OFFICE: 414.321.2247 FAX: 414.321.2297 ADDRESS: 1973 S 91s' Street Milwaukee WI 53227 Contractors, Inc. murphypipelines.com swagelining.com Scenario #1 ITEM DESCRIPTION QTY UNIT $ TOTAL General Conditions GC -1 Mobilization/Demobilization 1 LS $17,500.00 $17,500.00 GC -1 MOT City R/W 1 LS $2,000.00 $2,000.00 GC -1 MOT County/FDOT 1 LS $5,000.00 $5,000.00 GC -1 Pre & Post Construction Video 1 LS $1,000.00 $1,000.00 Surface Restoration R -1A Sod 2430 SF $0.72 $1,749.60 R -1C 3" Asphalt 100 SF $6.50 $650.00 Pipe Bursting 2.2 6" HDPE 300 LF $68.00 $20,400.00 Total $48,299.60 Page 396 of 612 Corporate Headquarters OFFICE: 904.764.6887 FAX: 904.379.6193 ADDRESS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office MYMCurphy Pipeline OFFICE: 414.321.2247 FAX: 414.321.2297 Contractors, Inc. ADDRESS: 1973 S 91s' Street Milwaukee WI 53227 murphypipelines.com swagelining.com Scenario #2 ITEM DESCRIPTION CITY UNIT $ TOTAL Page 397 of 612 General Conditions G-1 Mobilization/Demobilization 1 LS $17,500.00 $17,500.00 G-1 MOT City R/W 1 LS $2,000.00 $2,000.00 G-1 MOT County/FDOT 1 LS $5,000.00 $5,000.00 G-1 Pre and Post Construction Video 1 LS $1,000.00 $1,000.00 Surface Restoration R -1A Sod 8200 SF $0.72 $5,904.00 R-113 6" Concrete 960 SF $12.50 $12,000.00 R -IC 3" Asphalt 120 SF $6.50 $780.00 Pipe Bursting 2.2 8" HDPE 100 LF $80.00 $8,000.00 2.4 12" HDPE 150 LF $126.00 $18,900.00 Valves and Fittings 3.2 6" Gate Valve 2 EA $1,176.00 $2,352.00 3.3 8" Gate valve 1 EA $1,480.00 $1,480.00 3.7 Fire Hyd on 8" Water Main 2 EA $3,100.00 $6,200.00 3.9 8x6 Tee 2 EA $825.00 $1,650.00 Customer Connections 4.1.1 1" Short Side Water Service 8 EA $606.00 $4,848.00 4.1.3 8" Water Main 4 EA $655.00 $2,620.00 4.1.5 12" Water Main 4 EA $922.00 $3,688.00 4.3.1 1" Long Side Water Service 12 EA $1,176.00 $14,112.00 4.3.3 8" Water Main 6 EA $1,250.00 $7,500.00 4.3.5 12" Water Main 6 EA $1,764.00 $10,584.00 Linestops 5.2 8" Water Main 1 EA $8,000.00 $8,000.00 5.4 12" Water Main 1 EA $15,000.00 $15,000.00 Total $149,118.00 Page 397 of 612 Corporate Headquarters OFFICE: 904.764.6887 FAX: 904.379.6193 ADDRESS: 1876 Everlee Rd, Jacksonville FL 32216 Feasibility Support Office MYMCurphy Pipeline OFFICE: 414.321.2247 FAX: 414.321.2297 Contractors, Inc. ADDRESS: 1973 S 91s' Street Milwaukee WI 53227 murphypipelines.com swagelining.com Scenario #3 ITEM DESCRIPTION CITY UNIT $ TOTAL General Conditions G-1 Mobilization/Demobilization 1 LS $17,500.00 $17,500.00 G-1 MOT City R/W 1 LS $2,000.00 $2,000.00 G-1 MOT County/FDOT 1 LS $5,000.00 $5,000.00 G-1 Pre and Post Construction Video 1 LS $1,000.00 $1,000.00 Surface Restoration R -1A Sod 11900 SF $0.72 $8,568.00 R-113 6" Concrete 1560 SF $12.50 $19,500.00 R -IC 3" Asphalt 350 SF $6.50 $2,275.00 R -ID Curb 40 LF $40.00 $1,600.00 Pipe Bursting 2.2 8" HDPE 800 LF $80.00 $64,000.00 Valves and Fittings 3.2 6" Gate Valve 1 EA $1,176.00 $1,176.00 3.3 8" Gate Valve 3 EA $1,480.00 $4,440.00 3.7 Fire Hyd on 8" Water Main 1 EA $3,100.00 $3,100.00 3.9 8x6 Tee 3 EA $825.00 $2,475.00 Customer Connections 4.1.1 1" Short Side Water Service 13 EA $606.00 $7,878.00 4.1.3 8" Water Main 13 EA $655.00 $8,515.00 4.3.1 1" Long Side Water Service 12 EA $1,176.00 $14,112.00 4.3.3 8" Water Main 12 EA $1,250.00 $15,000.00 Linestops 5.2 8" Water Main 1 EA $8,000.00 $8,000.00 Total $186,139.00 Page 398 of 612 BIDDER agrees that the WORK will be substantially completed within TBD calendar days after the -eceipt of the Notice to Proceed and final completion will occur within 30 calendar days after the Notice of Substantial Completion, BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure—tit complete the WORK on time. Contact Person ANDY MAYER Business Address 1876 EVERLEE RD City, State, Zip Code JAQKS0NYtLLE-EL=.3M6 Business Phone Number . 904-764-68 7 Email Address AND KM@MUREHYEtRUINES.COM Cell Phone Number License Number (Please Attach Copy) CUC1223787 Federal Tax ID# 59-3688714 . ......................................... "I',"",',, M M Attested by Secretary Incorporated under the laws of the State of FLORIDA Mj 0, 1010TA 910 M MOWN 1011VAIII ilk LOY-11 0 1 M I ON ail It] I wig =1112*1:91MV1,111-M I UM FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 399 of 612 168MM22=7 I MEREBTCERTIFY that a meeting of the partners of I a Partnership under the laws of the State of held on 20 the 10-TTIZ-171 �W 0 a �'- 0 1:0011001011 W C I ffm Partnership, is hereby authorized to execute the Bid Form dated , 20_, Wetween the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." (Title) -3 M- Sworn to and subscribed before me on this _day of , 20_ by who is personally known to me or who has presented the following type of identification: Signature A16Wk. BE - 7 (JWN �w a I M FM M I I CM * Tjj 0 W-2 d A I � f, 0 �A W Mri L% W, -4 M ki; A 10 YJ 9 1 in 11 W, FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 400 of 612 Modw1 # g f1#1 •, I HEREBY CERTIFY that a meeting of the Board of Directors of MURPHYPIPELINE 'T corporation under the laws of the State of FLORIDA held on APRIL 18 20 _j 6, the following resolution was duly passed and adopted: "RESOLVED, that ANDREW PRESIDENT of Corporation, is hereby authorized to execute the Bid Form dated APRIL 18 , 2016, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of Secre 5491KNIZEMM_ Sworn to and subscribed before me on this 18 day of APRIL .20 16 111 • - # # Jij ! * • ♦' identification: Page 401 of 612 U11111111: 101 BID TITLE: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BIDDER NAME: MURPHY PIPELINE CONTRACTORS., INC. DATE: 4/18/161 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, -pp.ratus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: FATI DATE ADDENDUM NO. DATE I ITa Nk 61 R TJJ N'JT,# I WN.-ilrERIM". � 19"11 "1 FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 402 of 612 Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton each Boulevard P.O. Box 310 Boynton each, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: April 20, 2016, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: MURPHY PIPELINE CONTRACTORS, INC. Federal I.D. Number: 59-3688714 A Corporation of the State of: FLORIDA Area Code: 904 Telephone Number: 764-6887 Area Code: 904 FAX Number, 379-6193 Mailing Address: 1876 EVERLEE RD City/State/Zip: JACKSONVILLE, FL 32216 Vendor Mailing Date: 4118/16 Authorized Signature ANDREW MAYER Name Typed BA -1 THIS PAGE TO BE SUBMITTEDs . OSAL IN ORDE, arth Page 403 of 612 0 BIDDER'S QUALIFICATIONS STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as 1. BIDDER'S Name, Principal Address, Phone and Fax Number: MURPHY PIPELINE CONTRACTORS, INC. PHONE 904-764-6887 FAK 904-379-6193 2. Number of years as a Contractor in this type of work: 15 11; 111 !11 Eli 111111 !111111!!11 ;J11111 iiiiiij ANDREW MAYER 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: AGENT: JOHNSON AND COMPANY, 801 N ORANGE AVE, STE 510, ORLANDO, FL 22aQ1_(AQD_�aA3-1120 6. What is the last project of this nature that you have completed? PLEASE SEE ATTACHED EXPERIENCE SHEET 7. Have you ever failed tocomplete work awarded toyou. Kso, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDE Page 404 of 612 9. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? 9. List CI or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC Contact Tel: No. 1 PLEASE SEE ATTACHED Person: Fax: M Contact Tel: Person: Fax: Your $ Project Location: Subcontract $ Date No, I PLEASE SEE ATTACHED Amount: Completed: Contracting Contact Tel: Aaencv: Person: Fax: BQ- 2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER Page 405 of 612 Your $ Project Location: Subcontract $ Date No, 2 Amount: Completed: Contracting Contact Tel: Aaencv: Person: Fax: Your $ Project Location: Subcontract $ Date No. 3 Amount: Completed: Contracting Contact Tel: Person: Fax: 11. List three SIGNIFICANT PROJECTS currently under construction. Your $ Project Location: Subcontract $ Date No, 1 PLEASE SEE ATTACHED .............................. Amount: Completed: Contracting Contact Tel: Person: Fax: Your $ Project Location: Subcontract $ Date No 2 Amount: Corn feted: Contracting Contact Tel: Auencv: Person: Fax: BQ- 2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER Page 405 of 612 Your $ Location: Subcontract $ Date Project Amount: Completed: iso 3 Contracting Contact Tel: _69MCM-1 . ..... . . . ........................................................ Eamon: ........................ —Fax, 12. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). rOT: M. NONE 18. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: Page 406 of 612 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. NONE 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. NONE 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. M 5 Z III x a 11401 Z 91��IM M1113= MEE3= FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 407 of 612 Government Related Work Total Work a +b ........... Less than $100,000 $100,000 to less than $250,000 $250,000 to less than $500,000 $500,000 to less than $1 million $1 million to less than $2 million $2 million to less than $5 million ♦$10 million to less than $25 million $25 million to less than $50 million $50 million or greater FOR BID PACKAGE TO BE CONSIDERED AND ACCEPTABLE Page 407 of 612 24. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. Rol fflUd I LIA�J 0 L-ML11V I I Mirk-ANIM 0 L -IF I it M-Aw R W -,--M P, IM ISS O INDUSTRIES, INC. I# R 4;1 IQ[ if-ACUM M fall *1401M 111914:1 OW W 101110-4142 f-0 Page 408 of 612 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. By—A 7 (Signature) Date 4/18/16 2M Page 409 of 612 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this it complies fully with the above requirements. \ �A 114 °,.-Vendoes Signature Vol MET, Page 410 of 612 State of FLORIDA County of DUVAL ANDREW MAYER being first duly sworn, deposes and says that: 1) He is PRESIDENT of MURPHY PIPELINE CONTRACTORS—, (Title) (Name of Corporation or Firm) the bidder that has submitted thea ached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by a collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of i agents, representatives, owners, employees, or parties irr,��terest, ingluding this affiant. ar he e no bidt tainted der or an gt is ff I ,in h a ian "IPA N(Signed) DREA JEAN DENNIS MY COMMISSION #FF! 78194 EXPIRES February 28, 2019 (T1tle)_ERE_$jDE_Nj_ 07) 398-0m FloridallotaryService.cam Subscribed and sworn to before me This day of My commission expires 2/28/19 4TATTATIOM Page 411 of 612 0 ANTI-KIC STATE OF FLORIDA SS COUNTY OF RftWJhM DUVAL By: A, N N A A SIGNATURE Sworn and subscribed before me this 18 day of APRIL 20 11 "OFFICIAL NOTARY SEAL" STAMP Page 412 of 612 o = On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S. 1926.650, as Florida's own standards. The Proposer, by of • below, of # will comply with all applicable trench safety standards. Such assurance shall be legally binding on t1l persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. 11010 Up f. 9111 i ANDREW MAYER Name ooser 0000000000 "-Authorized Signeture of Proposer *COMPLETION REQUIRES PROPOSERS DescriptioTHE FOLLOWING HEADINGS: Page 413 of 612 # Method BARRICADES DAY STEEL P1 T EA 10 500 000 MONTH SIGNS EA 15 2 30 DAY Page 413 of 612 6"A94VA Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program followinig #.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ,4 Jf�_D —SIG --NATURE Page 414 of 612 In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: Ini JIMM6 Mom IF-MOTMIJIMOR lJ111111111 14 A IWAT101 KIR 01014 Iter; I o"I 110 That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty • fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates • such Insurance attached • and the Contractor .• to keep such insurance coverage during the period of this Warranty; and 141MMAD Page 415 of 612 10. That it is an express condition of this Warranty that the iterl hereby warranted shall be operated and maintained by the City in accordance With the manufacturer's recommendations as to those portions of the itell that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance With such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 0 1, a Jill !1111111111 a a rAvAr., 1 VA A 1014&111 11M 4 14 it M* M sillill a I A ill to I 14 Lei A a cow I a 1=9 411,71 IM 1 Ar, 1114 LAM01 I U-1 0#11112 11 Pill 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this 18 day of APRIL 20j_o (SEAL) CONTRACT By ATTEST: Secretary Boynton Beach Utilities—RE-BID Pipe Bursting WAR -2 Page 416 of 612 0 CONFIRMATION OF MINORITY OWNED BUSINESS Yes X No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE YES NO X Boynton Beach Utilities — RE -BID Pipe Bursting MOB — 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT1VLE Page 417 of 612 11 D UJ Z LL s , i. + It' < L#.... IL LLI EL- i' l Lu C CL w w ui LLI i ". i i .y k#. ii # i i. LLI a. 0 it 000 NLLit -j F- .�, CL >-0 F- d F- CO clw LL in IX 000 LL w F— IX w EL LL z it 00 p�— W Vd W CD l< Page 418 of 612 Al�# �# IM fiwi�* W.- HWINIA94MAIN-1 W, The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. Title: PRESIDENT Date: 4/18/16 Page 419 of 612 RY ME I E 191 1 1 If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. IN 14 15ecause of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) mmar l• '.... zsml�� Page 420 of 612 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone (561) 742-6322 FAX (561 7426316 ADDENDUM No. 1 DATE: April 5, 2016 BID TITLE: RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO.: 036-2821-16/TP The following changes, deletions, and/or information are hereby made a part of the "RE -BID FOR PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS". This Addendum to the instructions to bidders, special conditions, drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. A. REVISED SPE ;IAI., CONDITIONS SEC TI N 01010-1, 1.01 "WORK COVERED BY CONTRACT D C;IjMENTS/ REQ1jIREMENTS INC,I.J.jDED"; and B. IJPDA"IED BID D C,IjMENTS T CI..,ARIFYT11E C NSIA...,"I AN"I AS THE CITY F BOYNTON BEACH, AND THE C NSI!I...,"I ANT REPRESENTATIVE IS MIC H EI., 1., W, MANAGED OFTECHNICAI., SERVICES. A- 1 Page 421 of 612 Please sign where indicated and include the signature page with the Bid Package. If you have any questions or require additional information, please call Taralyn Pratt, Contract Coordinator (561) 742-6447; or, Michael Low, Manager of Technical Services (561) 742- 6403. Please make requests through e-mail: prattt(a bbfl.us . Sincerely, CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services /tp cc: Procurement Utilities A- 2 Page 422 of 612 ACKNOWLEDGEMENT OF ADDENDUM No.l "RE -BID FOR THE PRE -CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS" BID NO.: 036-2821-16/TP ADDENDUM No. 1 RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM No. 1" WITH BID PACKAGE IN ORDER FOR BID SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: MURPHY PIPELINE CONTRACTORS, INC. PRINT NAME OF REPRESENTATIVE 4/6/16 DATE A- 3 Page 423 of 612 MAYER, ANDREW JOHN MURPHY POPLIXE CONTMAG76KS iNC 4700 N PEARL ST JACKSONVILLE FL 32206 'NW -7 1MIR0,1714MEMN, XJ iTHT-MMITAMF It i mi wv ®rm and they keep Flo ida's economy strong. RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CUC1223787 1$tUED; 05/20/2014 CERT UNDERG qNTR MAYER, ANDR MURPHY PIPE RS INC IS CERTIFIED under the provisions of n Ch�489 M Expiratiodate AUG 31, 2016 �149=0001300 STATE OF FLORIDA RQ�ESSJQVAL .3EPA&,TH.FN4 Q"US;�ESS 41,00 JAALqld�z' 'f'Z'ppj;f*' "i, KEN LAWSON, SECRETARY r.1 0 2 w C111) V) N CIA N N CIA rA rA CA $Z4 C4) Cl� *-4 PO C40 ro 4w 0 �j 0-4 M 0 , C) Ss OA OA bA bp to to 4-4 00 00 4-4 M cry0 C, ro, 1 ;.4 r- vy 00 pwq OL4 u u Cd bD rA 0? C? 00 u cq r- tn C? M tf) ®3 00 0 r [t m 0 00 0 "t CU Cd (fj Id �4 CEC Z > 4.4 0 0 0 4-4 0 4. 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Cq as O'do W4 CL cd r Cd > Page 432 of 612 00 00 0 4n Vim 63 $:L4 4--4 4-4 ri <D CL a 60 p a CIO CN > �qiv Cd > Cd > 00 00 C\00 00 r- cl� CN (D00 C� W 00 0 00 Cd 0 00 00 r, , 00 k4 r" t, rq m r- 00 0?Iry C40 N 00 00 00 �g C) r oo 00 U rn cq rq mc, It u 00 4-4 lot cr-13 0 V-4 u 4-4 m 4-4 ca 4-4 cd 0 cd 0 79 U � u 0 C-d C*0 Cl) 0-4 cc cn oU to Cd CdCd N uw E- u C) m F Page 433 of 612 Q) V cq cq t - - CN r- 4- "Cl ITJ rn 4. w GO w m 00 " 4) Q) U W CL4 Pq Cd C4 to cl, cq 011 Ic cq 00 00 00 U u u U 1 0 00 00 00 110 4 u 00 w) -r- c) 00 'IT N C14 kn t� rq �c m cn tr) 00 tf) Cd r- 0Chi N v� v) r�- 00 00 4 Cd V) 00 m 00 0 110 0 m r- 0 9 4 2,00 �O I�t 110 M 14 " W) m r- m 00 kn C� �r. W) 'n W) C, NP- > r- U 00 cn 0-0 UUd a m 04 U 00 a) (0, 4-4 0 0 +C� M � w cd, 0 0 0 Cd (U u 4.4 Cd m 4-4 4-4 4..4 cd q.A 12�4 t4. 4-4 Cd 4 0 +C4 C) ao 0 0 10 > 0 U u u 0� u 4-4 u"0 u Cf) cl) Old rn > Q) Q , Z cd 0 z cd '20 Ld P-4cninr UP.Cn d azea d . . . ....... ........................ .............. ONE I Page 434 of 612 Page 435 of 612 cn 4. 00 W) (n oL , $n, PR -tw-4 78 14 0 4-4 C) CN a 0-4 00 00 C5 00goo00 00 00 cl 0 00 m en C) CDQ3C en 00 9) �O 0wW kn 00 004 00 00 �, en C� cq ' In t E4 00' C"4 wlrn (D C) cd r- 00 CD Cc Cd 0 0 0 0 Id C, 0as Z co — .. w u 0 d Ol 0 0 > v 0 Z 0 70 z ..- .......... 0 V) ch U Page 435 of 612 Andrew J. Mayer Professional Experience . . ........ 0�ersonal Service Contracts — Various International Pipeline Facility Owners 1997-2001 Consultant Technical and Management Advisor for Trenchless Technology in Gas & Water Industries. �*roject types consisted of oil, gas, water and sewage pipelines, intermediate pumping naLA W "W", WM-fl#'W7,1z Wessex Water, NW Water AJM Pipelines — South England 1999 Contracts Manager Project included 21 km (13 miles) Design/Installation of Swagelining 600mm (24 inch) water transmission pipeline. London Borough of Bromley Council 1998 Contracts Manager Project included I gkm (11.6 miles) installation of Swagelining/pipe bursting 600m m (24 inch) water transmission main, i Contracts Manager Projects included Ford, Dagenham - Installation of process equipment -body spray production line; Dupont, Londonderry - Installation of chemical -resistant ng to process areas and tank bunds. Mayer 1 Page 436 of 612 Constructio2Ewee Projects included British Gas Construction, 8km (4.97 miles) of Swagelining 300mm, (12 inch) raw water pipeline; Bristol- Management / engineering of North «:»«» compressor and booster systems; British Gas Construction, Avonmouth — Management engineering, construction of Cryogenic »:» 2w° - Ironbridge Power Station, Management engineering of fly -ash & slurry removal systems; Oldbury Nuclear Power Station, installation of reactor cooling system; PSA, Devonport - Dockyard building and process services Certified Underground Utility & Excavation Contractor, Florida Certificate for Engineering Distribution �zt�»ww©?City & Guilds of London Advanced Training Certfficate, ATSSA, Florida Gloucester Technical College, Gloucester, England, 1981 Mayer 2 Page 437 0 612 • Chairman's Award, AWWA, Florida, 2002 • Underground Construction Technology Association Most Valuable Professional, 201 BOARD MEMBER * International Pipe Bursting Association, since 2009 * NASSCO Water Advisory Panel, since 2011 • Building & Construction, St. Albans Technical Coflege, Hertfordsbsire, 1981 • Gas and Water Training, Bishops Stortford College, 1982 • ND Testing of Pipe and Steel Work, 1987 • Cathodic Protection of Pipelines, 1990 • Hot Work Permit, Gas -free Tank and Pipeworks, British Petroleum -1995 • Electricity & Fibre Optic Cable Safe Working Practice, Morrison Construction Ltd -1997 • Management Training, New Roads & Street Works, City & Guilds of London, 1998 • Certificate of Training, Plantmaster Cart. No. 990527003, A.E. Bartholomew & CoLtd. 1999 Mayer 3 Page 438 of 612 Over 15 plus year's of experience in the pipeline industry with a focus on trenchless technology solutions in the United States, Canada, Mexico, Europe and Middle at Instructor and Published: NASTT, AWWA, American Society of Civil Engineers, Clean Water Agencies, Water Environment Association, Underground Construction Technology, Infrastructure Advanced Technology, Plastic Pipe Institute, Recognized proponent and authority of pipeline consulting and trenchless technologies supporting client pipeline projects providing expertise in education, consulting, feasibility studies, cost analysis, design and construction, technical research/reporting and product development BBA, Engineedng, Economics and Finance, University of Wisconsin - Milwaukee grys"M Page 439 of 612 7'' . « \ \ ` \�\ ?2/222(L222k622«6#222«2?: 6;52 Consultant, Advisor, Educator, Advocate for potable, reclaimed, sewer, brine, gas, hydrocarbons and mining pipeline construction and renewal methods via trenchless technologies such as pipe jacking, horizontal directional drilling, pipe ramming, compaction methods, slip -lining, pipe bursting, Swagelining renewal, CIPP and live main insertions. 17711ning WITrPlAy i9p2lne Contractors, Inc. appropriate participation in a client's trenchless construction pipeline renewal and installation program. Conceptualizes suitable and cost-effective combination of trenchless technologies to achieve clients overall goals. Provides expertise in design, consulting, feasibility studies, ©» analysis, technical and guideline specification writing and review, contra negotiations, education and technicare l search and reporting, produrch and «2,a ®search resea development, construction and co-ordination. I Page 440 0 612 PROFESSIONAL EXPERIENCE July «2>« August 2012 LayneHeavy Civil Z Reynolds Fairburn, a April 22»a July?y;} ««d»chContyd»m y» Inverness, FL May 200 to Aprid©« Barron ConInc. Jacksonville, FL Page 441 0 612 RMUFF Jacksonville, FL I Amerlseal Jacksonville, FL Supervisor/Project Engineer: Responsibilities: Supervision of heavy highway construction projects. Managed field crews. Preparation of estimates for state (FDOT) and city projects for review by Owner. Monitored inventory of materials for management. University of Florida Gainesville, FL Page 442 0 612 Bert P. Williams Murphy Pipeline Contractors, Inc. — Jacksonville, FL 2012 -Present Superintendent Lead construction crew engaged in the rehabilitation of water and wastewater pipelines through the use of pre -chlorinated pipe bursting methods. "N.G. Yates Construction — Jacksonville, M OperatorlForeman Oversee over 20 employees with multiple crews including operators, carpenters, tail men, pipe fifters, and pipe fusers. Responsible for meeting deadlines, timecards, daily reports, and ensuring high quality of work with safety in the forefront, Insituform Technologies —Jacksonville, FL 1995-2004 OperatorlForeman Led a construction crew in the installation and repair of underground utilities, including the finishing, grading, and all labor entailed on various projects, Williams 1 Page 443 0 612 Johnny D. Turner Professional Experience itiurphy Pipeline Contractors, Inc. — Jacksonville, FL 2009-Preseiii Foreman Led a construction crew in the installation and repair of underground utilities, including finishing,the grading,l labor entailed on various projects. positionnvironmental Pipeline Rehabilitation — Hoboken, GA 2004-2009 Pipelayer Align and 4 " welding or sealing, # trenches to desired or required depths, Cover pipes Southeast2001-2004 Camera Operator Operator of a robotic camera used in the inspection of utility pipelines to assess pipe conditions, REGISTRATIONS & CERTIFICATIONS Butt and Electrofusion Training and First Aid OSHA Confined Space Utility Flagger 0IT Pierce County High, Blackshear, CSA, 1997 t Page 444 of 612 Am PUBLIC HEARING 5/15/2018 REQUESTED ACTION BY COMMISSION: Approve Quantum Lakes Villas West Major Site Plan Modification (MSPM 17-001) for 104 Multi -family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. (Item Tabled at April 17, 2018 City Commission meeting) EXPLANATION OF REQUEST: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi -family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Olen Development received major site plan modification approval in 2012 (application 12-003) for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered that a note on the corresponding Quantum Park Plat requires buildings to be setback a minimum of 15 feet from any easement. As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant subsequently filed an amendment to the plat (replat of Lot #52) to remove the note . The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting. As such, the site plan was removed from hold, and scheduled for the appropriate hearings. The minimum required perimeter building setbacks in the PID zoning district are 30' for the front, rear and side corner yards and 20' for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12-003) granted setback waivers as follows: front (north) —15', rear (south) — 2', side corner (west) —15', and side interior (east) — 3'. After the project approval expired and a pre -application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7) foot rear and interior side setback, while maintaining the previously approved 15 foot setback against the road rights-of-way on the north and west sides, and submitted updated waiver requests to all required yard setbacks and justifications for the deviations. The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. Staff believes the impacts to be minimal and would not affect any private properties and based upon the applicant's justification, other similarly approved projects and City Commission approval of the Replat of Lot 52, and recommends approval of the Major Site Plan Modification and waiver requests. The Planning & Development Board originally tabled this item at their March 27, 2018 meeting. The Page 445 of 612 Board then heard the item at their April 24, 2018 meeting and recommended approval, with an additional Condition of Approval. The Board requested the applicant provide an additional handicap parking space at each of the two (2) buildings containing only one (1), provided the modification of the parking layout does not reduce the overall required parking below the minimum required. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees from permit applications and taxable improvements. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A. Is this a grant? No Grant Amount: Page 446 of 612 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Landscape Plan 1 D Drawings Landscape Plan 2 D Drawings E)dsting Conditions Plan D Drawings Landscape Notes D Drawings Bldg. Type 1 Elevations D Drawings Bldg. Type 2 Elevations D Drawings Bldg. Type 3 Elevations D Drawings Unit Floor Plans D Drawings Paving, Grading & Drainage Plan D Drawings Water & Sewer Plan D Drawings Photometric Plan D Letter Applicant's J ustif ication D Conditions of Approval Conditions of Approval D Development Order Development Order Page 447 of 612 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-021 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: April 27, 2018 PROJECT NAME: Quantum Lake Villas West — Lot 52 Quantum Park (MSPM 17-001) REQUEST: Major Site Plan Modification for 104 Multi -family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, located on Lot 52 of Quantum Park, in the PID (Planned Industrial Development) zoning district. Applicant: John Lyon, Olen Properties. PROJECT DESCRIPTION Property Owner: Secured Holdings, Inc. Applicant: Secured Holdings, Inc. Agent: Dale Lyon, Olen Development Corp. Location: SE corner of Gateway Boulevard and Park Ridge Boulevard (see Exhibit "A" - Site Location Map) Existing Land Use: DRI (Development of Regional Impact) Existing Zoning: PID (Planned Industrial Development), with Mixed Use land use option Proposed Land Use: No change to land use proposed Proposed Zoning: No change to zoning proposed Proposed Use: 104 Multi -family residential units (rental apartments) within 4, two-story buildings, and associated recreational amenities and site improvements. Acreage: 4.41 acres (192,199 square feet) Page 448 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 2 Adjacent Uses: North: To the north is right-of-way of Gateway Boulevard, then farther north is improved office and flex warehouse space being occupied by two (2) charter schools. To the northeast is right-of-way of Quantum Lakes Drive and then a Quantum Park drainage lake. South: Quantum Park drainage lake, then farther south Boynton Beach High School zoned PID (Planned Industrial Development); East: Quantum Park drainage lake, then farther east 2500 Quantum Office Complex zoned PID (Planned Industrial Development); and West: Right-of-way of Park Ridge Boulevard, then farther west Boynton Beach High School zoned PID (Planned Industrial Development). Site Attributes: The subject property is Lot 52 of the Quantum Park Development of Regional Impact (DRI), consisting of 4.41 vacant acres. The property has street frontage on Gateway Boulevard, Quantum Lakes Drive and Park Ridge Boulevard and abuts one of Quantum Park's drainage lakes along the south side and partially along the east side. The site contains live oak and black olive trees, as well as various palms including royal, medjool, chinese fan, and queen palms that will remain in place with the development of the site. The ficus and acacia trees on the site are to be removed and replaced with non -nuisance trees. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject property were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Dale Lyon with Olen Development is proposing a major site plan modification for 104 multi -family units (rental apartments) in 4, two-story buildings, and associated recreational amenities and site improvements on a total of 4.41 acres. Lot 52 is part of the Quantum Park Development of Regional Impact (DRI), and has a Mixed Use (MU) land use option which allows for the development of dwelling units. Currently, 1,103 dwelling units of the total 1,905 units allowed under the DRI entitlements have been site plan approved. Because these units are approved under the DRI, there are no density limits established. The density for this particular project however is 23.58 dwelling units per acre. In addition to this request for a major site plan Page 449 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 3 modification approval, the applicant is requesting four (4) waivers to the setback requirements, as allowed within the PID (Planned Industrial Development) district regulations. Therefore, approval of the major site plan modification (MSPM 17-001) is contingent upon approval of the corresponding request for four (4) setback waivers. Previously, Olen Development received major site plan modification approval (12-003) for essentially the same project, however the 18 month approval period expired before the building permit could be issued. The project was resubmitted in 2017 and reviewed by staff when it was discovered a Quantum Park Plat note required buildings to be setback a minimum of 15 feet from any easement. As the plans were designed to place the buildings at or near the easements on the north and west sides, the review process was halted. The applicant decided their best course of action was to amend the plat to remove the note through a replat of Lot 52. The City Commission reviewed and approved the replatting request at their March 20, 2018 meeting. As such, the site plan was removed from hold, and scheduled for the appropriate hearings. ANALYSIS Concurrency: Traffic: The proposed project is located within the Quantum Park Development of Regional Impact (DRI) and the proposed land use and intensity are within the limits of the DRI approval. Furthermore, per Article 12 of the Palm Beach County Unified Land Development Code, this project is not subject to the Palm Beach County Traffic Performance Standards. The traffic study prepared by Pinder Troutman Transportation Consultants indicates the project would generate a total of 728 daily trips, with 55 AM Peak Hour trips and 64 PM Peak Hour trips. School: A concurrency approval letter has not been received at the time of preparation of this staff report. Staff has drafted a condition of approval indicating no building permits will be issued until a concurrency approval letter is received (Exhibit "D" — Conditions of Approval). Utilities: The City's water capacity is adequate to serve the project and sufficient sanitary sewer and wastewater treatment capacity is also currently available. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Page 450 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 4 Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: Two (2) points of ingress/egress is proposed for the project, the first of which would be located on Quantum Lakes Drive, near the northeast corner of the property. The site plan (Sheet SP -1) indicates that the driveway opening is approximately 24 feet in width and will accommodate service and emergency vehicles. There is a median break in Quantum Lakes Drive to facilitate both left and right turning movements to and from the site. The second ingress/egress point, also 24 feet in width, is located on Park Ridge Boulevard, and is restricted to right-in/right-out movements, as there is no median break near the south end of the site. Circulation: Vehicular circulation within the development is provided through a two (2) -way drive aisle approximately 24 feet in width, which would conform to current engineering standards. The sidewalks are proposed separately from the drive aisle, extend the length of the building fronts, and provide pedestrian connectivity throughout the site utilizing delineated crosswalks. The sidewalks are extended to connect to Quantum Lakes Drive at two (2) locations and Park Ridge Boulevard, near the entry drive. Parking: Resident and guest parking is provided via surface parking spaces. The proposed number of parking spaces exceed the minimum amount of parking spaces required for the development. One (1) -bedroom dwelling units require one and one-half (1.5) parking space per unit. Two (2) -bedroom dwelling units require two (2) parking spaces per unit. The project proposes 80 one (1) -bedroom units (120 spaces), and 24 two (2) -bedroom units (48 spaces). Guest parking is calculated at 0.15 times the number of proposed dwelling units, for a total of 16 guest spaces. Therefore, a minimum of 184 parking spaces are required and 187 spaces are provided. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The existing tree list (Sheet L-1) indicates the site currently contains 91 trees, 22 of which will be removed from the site, for a total of 339 caliper inches to be mitigated. The other 69 trees will either remain in place or be relocated elsewhere on site. The plant list on Sheet L-5 indicates that the project would add a total of 91 canopy trees, 114 palm trees, 6,931 shrub and groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low' or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The plans indicate 74% of the plant material is native. The proposed tree species would include the following: Green Buttonwood, Live Page 451 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 5 Oak, Royal Poinciana, Yellow Geiger, Orange Geiger, Silver Buttonwood, Satin Leaf and East Palatka Holly trees. Palm species would include Alexander, Travellers, Sabal, and Montgomery palms. A minimum seven (7) foot landscape strip is required along Quantum Lakes Drive on the north side of the property and a minimum fifteen (15) foot landscape strip has been provided. The landscape code requires a minimum of 19 trees and 24 are provided within the buffer or immediately behind it and another 7 Live Oak trees are existing in the swale. The NW corner of the site is bermed and heavily planted to screen the parking, while the buildings abutting Quantum Lakes Drive have foundation plantings including Montgomery palms, arbocola, cocoplum and decorative muhilly grass. A minimum seven (7) foot landscape buffer is also required along the west property line abutting Park Ridge Boulevard and a buffer width of 15 feet is provided. Based on the length of the south property line, a total of 17 trees are required in the buffer, and a total of 20 trees are provided within the buffer or immediately behind it and another 9 Black Olive trees are existing in the swale. Again, the NW corner of the site is bermed and heavily planted to screen the parking, while the buildings abutting Park Ridge Boulevard have also be designed with foundation plantings including Montgomery palms, arbocola, coco plum and decorative muhilly grass. The other two (2) buffers (east and south) back up to the drainage lakes and their existing approved perimeter landscaping, therefore the applicant is simply providing the required building foundation plantings. All above -ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with landscape material. Each building would have landscape material proposed along all four (4) building sides. Select palms would be installed at a minimum one-half the building height to further soften the appearance of the structures. Building and Site: A total of 60,874 square feet of residential building surface coverage is proposed. There are 104 units proposed within four (4) separate two-story buildings, consisting of 80 one -bedroom units and 24 two-bedroom units. Three (3) types of buildings are proposed. Building Type I would contain a total of 24 units, 12 on each floor, consisting of 6 "A" units with one (1) bedroom, one (1) bath, and 6 "B" units with two (2) bedrooms and two (2) baths. Each "A" unit would be 865 - 876 square feet under air, plus a patio or balcony, for a total of 939 square feet. Each "B" unit would be 1,230 - 1,239 square feet under air, plus a patio or balcony, for a total of 1,292 square feet. The Type II building would contain a total of 24 units, 12 on each floor, each a one (1) bedroom, one (1) bath unit, with the same floor plan as the one bedroom units in the Type I buildings. The Type III building would contain a total of 32 units, 16 on each floor, each Page 452 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 6 a one (1) bedroom, one (1) bath unit, with the same floor plan as the one bedroom units in the Type I and II buildings. Building Height: The maximum building height allowed in the PID zoning district is 45 feet, not to exceed four (4) stories, except that Mixed Use pods within the PID may build to a maximum 75 feet in height with Conditional Use approval. All of the residential buildings will comply with the maximum height requirement for the PID zoning district, as the proposed roof deck is 19'- 0", the top of the parapet is at 23'- 6" and the top of the decorative tower roofs is 27' in height. Setbacks: The minimum required perimeter building setbacks in the PID zoning district are 30' for the front, rear and side corner yards and 20' for the side interior yard. The PID regulations allows for waivers to be requested of various development requirements including setbacks, based upon the submittal of justifications by the developer. The previous site plan approval (MSPM 12- 003) granted setback waivers as follows: front (north) — 15', rear (south) — 2', side corner (west) — 15', and side interior (east) — 3'. After the project approval expired and a pre -application meeting was held with the applicant in preparation of resubmittal of project plans, staff requested the the buildings be setback farther from the drainage lakes, in an effort to create a minimal rear yard for the units and to provide greater area for lake maintenance needs. The applicant revised the plans to increase these to a seven (7) foot rear and interior side setback and submitted updated waiver requests to all required yard setbacks and justifications for the deviations. The justifications include the fact that the reduced setbacks do not abut any private properties, with the front (north) and corner side (west) property lines adjacent to street right-of-ways and the rear (south) and interior side (east) property lines abutting a Quantum Park drainage lake. The applicant indicates that, even with the requested 7 foot setbacks against the lake, there will be between 15 and 20 feet of flat area from the rear of the buildings to the top of the lake bank, as well as an existing landscape buffer to minimize any potential impacts. Relative to the requested 15 foot setback requests along the two (2) streets (Quantum Lakes Drive and Park Ridge Boulevard), the applicant indicates that the design is in keeping with other previous approvals within Quantum Park, and points to the Quantum Lake Villas project two (2) lots away as having a reduced setback against the roadway. The applicant further states that the proposed buildings are attractive and will be nicely landscaped to screen the buildings. The closest private property to the northernmost building line is approximately 180 feet away, across to the north side of Gateway Boulevard. Again, the south side of the property abuts a drainage lake, and the distance from the south property line, across the lake to the High School property is approximately 235 feet. The east side also abuts the drainage lake and is approximately 245 feet from the property line of the office building on Lot 58. The corner side (west) setback abuts the right-of-way of Park Ridge Boulevard, and the westernmost buildings would be approximately 65 feet from the Boynton Beach Community High School property line and the school's baseball field. Additionally, the applicant notes that the design and site layout maximizes the internal site circulation and common area spaces. Page 453 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 7 Based upon the above information and City Commission approval of the Replat of Lot 52 removing the setback requirement from easements, staff recommends the setback waivers be approved. Staff believes the impacts to be minimal and would not affect any private properties. Amenities: These units are intended to be an extension of Olen Properties' larger development, the Villas at Quantum Lakes, located one block to the east, and the residents of these proposed units would have access to all of the recreational amenities on the main site. These existing amenities include an approximately 9,000 square foot clubhouse with kitchen and party room, 24 hour fitness center, two (2) large pools, two (2) jacuzzis, media center, billiards & game room, full-sized indoor basketball court and indoor racquetball courts. Additionally, the applicant proposes to install fitness equipment on the site of the 104 apartments, consisting of standard outdoor fitness equipment, the type of which you generally see along a fitness trail or in a park. The applicant has not selected the individual pieces of equipment at this point, but is considering stretching/sit-up machines, airwalkers, rowing machines, leg press machines and lower back/abdomen trainers, among others. The developer has also proposed a barbeque pavilion, four (4) covered bike racks, seven (7) benches and seven (7) waste receptacles around the site for resident and visitor enjoyment. Design: The building design is nearly identical to the approved and permitted buildings in Quantum Park and Village South. The proposed two (2) -story buildings have a contemporary design and are depicted in three (3) building types. All buildings feature a stucco finish, parapet roof, barrel tile tower features, decorative cornices and banding, modulation of the facades, balconies with decorative aluminum railing, building score lines, raised scored -stucco arches over windows, and an earthtone color palette that matches that of the recently completed development on the north side of Gateway Boulevard (Quantum Lake Villas North), also constructed by Olen Development. The earthtone paint scheme includes cream and sand body colors ("Durango South"and Classic Ivory'), white trim and accents ("White Flour'), white window frames, dark bronze railings and hand rails, and brandy colored entry doors. Lighting: The photometric plan (Sheet PH -1) depicts four (4) freestanding pole lights, three (3) of which would be 25 feet in height and one (1) which would be 15. The poles would be concrete and white in color and the light fixtures would be Phillips Gardco LED style. There are 12 proposed wall mounted light fixtures, mounted between 15 and 20 feet in height. These fixtures would also be Phillips Gardo LED style, in a wall sconce design. The photometric plan complies with the City's maximum foot-candle spot readings (<5.9) and is designed to have readings of approximately zero at the property lines. Signage: The site plan depicts a monument sign at the NW corner of the site (intersection of Gateway Boulevard and Park Ridge Boulevard), however, no sign detail was provided. The proposed sign design will need to comply with the adopted Quantum Park Sign Program (see Exhibit "D" — Conditions of Approval). Page 454 of 612 Staff Report (MSPM 17-001) Quantum Lake Villas West — Lot 52 Memorandum No PZ 17-021 Page 8 Public Art: The Art in Public Places requirement, according to the Public Arts Administrator has been met through the combining of budgets for all of the Olen Development projects and placing the art pieces in highly visible locations at their Quantum Park and Village South Mixed Use development on Gateway Boulevard, rather than one art piece on each individual site. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, including the approval of the associated waivers for the minimum setback requirements, subject to satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Park - Lot 52\MSPM 17-001 \Staff Report.doc Page 455 of 612 EXHIBIT A LOCATION MAP 3Z3t1 -IL C>3 -IL 11 ][--1 -vvr s 31,-i c:> 1-1 C> ]-[,,a 9Zt,££ -E`HO VH9 NOINA09 ToI HArd(l SHXV-1 MINVflb 009Z VG I-dO'IA'HDVHR NOINkOg HAING SHNV'I MINW16 00bZ o DNI'SDNI(I'IOH (IMMDHS t LU 0 10 EE gp °gaQ og OD Landscape & Irrigation Plans for: DESIGNED BY: LOT 52 CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 74 N.E. 5th AVE. Delray Beach, R. 33483 2400 Quantum Lakes Drive, Boynton Beach, FL 561_2n-9621 L,, 831 ona D3'=D5 3o.g,� OD n'ggQ og Landscape & Irrigation Plans for: DESIGNED BY: LOT 52 CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 74 N.E. 5th AVE. 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V tM` } 'S.oj t r y i ! t L - 4 W ro J fff m o � a o ua o�w wd w f 3 W Ct p z08ood 0,,vlg�n w Amo zQ� Wks w w£ d� E S W6e a a � .. V ti k� + tM` } 'S.oj t r y i ! t L - 4 W ro J fff m o � a o ua o�w wd w f 3 W Ct p z08ood 0,,vlg�n w Amo zQ� Wks w w£ d� E S W6e a 3Z3 in _I. C> 3 _I. I H -vd S 3l' -i O t' Q -Z3 H C> IZZ3 9Zb££-E'H3VH9 NOINA09 To HARIQ SHXV-1 MILNVfla 009Z + + u�` F m A A wz i dGI2I0'I3 `HOdffff NOZNIOff HARIQ SHNd'I MINW16 00bz 3 m F ■■ <_� ° h r w o a x o DNI `SDNIQ'IOH (IMMDHS an cn L— + + u�` F A A an cn L— EXHIBIT C 'Or 7=1 City of Boynton Beach Planning &Zoning 100 E. Boynton Beach Bouleva;d Boynton Beach, FL 33435-03 10 RE: Justification for Setback Waiver Quantum Lake Villas West aka Lot 52 2400 Quantum Lakes Drive, Boynton Beach, FL 33426 There are two areas of setback waivers for this project. The first is a waiver to reduce the set back to 7 feet along the Lake frontage. There is an approximately 15 - 20 feet of flat area from the buildings to the top of the lake bank. This area has an existing Landscape buffer that will remain. This area also will be subject to a 10 and 12 foot construction easement for buildability of the project and when done will be appropriately landscaped. See the submitted Landscape lx�lans. This nicely landscaped area will not only be an attractive view but has potential as a place ror recreational uses. The second waiver is to • the street set back to 15 feet. This is in keeping with what has been previously approved throughout the Quantum Park Development. A good example is the Quantum Lake Villas that are located one lot away for this project (please see reference photos I building Architecture is well done and attractive, it too is similar if not identical to other projects that have been approved in the Development. Shrubs have been added to the landscape plans along the street and with mid-level flowering trees. These new plantings are intended to work with the existing oak and black olive trees along the roadway to provide sufficient landscaping to screen the buildings. Note that the landscape architect worked with FPL to assure that any and all plantings proposed for the utility easement meet the requirements of FPL. Thank you again for your consideration of our request. If you would like to discuss the subject further, I am available at your convenience via e-mail at jlAl�gjLi ot or by phone zt (561) 531-1268. Sincerely, Director of Construction, FL. Region 1062 Coral Ridge Dr. * Coral Springs, L. 33071 (561) 531-1268 1v xv,,LNLo I e Page 469 of 612 W6w f,7 ' r�.iy.�.eyr"h ..>M.;," �} rLf V. " .}'..=xx....•y� ` "yh,±'pq �' �`;�t k �'i ` to �' ,t a�r` t�."•y, i"' a# � t t j°"'�4'', �. ,1„ r7F• 4� ,�r "'� .c i ' K r 0 tit:Af rkmow�-fJ`" t' 4 * a i a " t "' 4' ,y�ay' T1 ` "$ r N' •,R O 1�! � ,v 1, I „pit. IWpI,,s� Page 2 of 3 March 16, 2018 City of Boynton Beach: Quantum Lake Villas West aka Lot 52 / Justification for Setback Waiver Reference Photo #2 Page 471 of 612 *AV II11.11 M 91 Conditions of Approval Project Name: Quantum Lake Villas West (Lot 52) File number: MSPM 17-001 Reference: 31d review plans identified as a Maior Site Plan Modification with an April 24, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please depict drive dimensions and use a type "F" curb. X 2. Please provide drainage calculations. X FIRE Comments: 3. Please apply for, and provide a flow test conducted by Boynton Beach Fire Rescue, Fire & Life Safety. X 4. Please provide fire flow calculations in accordance with the Chapter 18 of the 2012 edition of NFPA 1. X POLICE Comments: None, all previous comments addressed at DART meeting. X BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. X PARKS AND RECREATION Comments: 5. Per City Ordinance, the Park Impact Fee is $61,880 (104 units x $595) X PLANNING AND ZONING Comments: Page 472 of 612 Quantum Lake Villas West — Lot 52 (MSPM 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 6. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. Please provide a copy of Palm Beach County School District X concurrency approval letter. 8. Please revise the landscape design and planting scheme to match X the previous approval in the area from the north terminus of the hedge on the west side of Building 4, around the corner, to the walkway along the west side of Building 1. 9. Approval of the Site Plan is subject to Commission approval of the X four (4) setback waivers. 10. At time of permit submittal please submit a Unity of Title agreement X or some other form of documentation satisfactory to the City Attorney, ensuring the continued shared use of the recreational amenities at the Villas of Quantum Lakes in perpetuity by the residents of this development. 11. Applicants who wish to utilize City electronic media equipment for X recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 12. Please add up to two (2) handicap parking spaces, preferably one X (1) each at those buildings with only one (1) handicap space proposed, without reducing the total parking count below the code minimum requirement. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 52 \MSPM 17-001 \COA post P&D.doc Page 473 of 612 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Lake Villas West — Lot 52 Quantum Park (MSPM 17-001) APPLICANT: John Lyon, Olen Properties APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2018 APPROVAL SOUGHT: Request for Major Site Plan Modification approval to construct 104 Multi -family rental units and associated recreational amenities and site improvements, as well as a request for four (4) setback waivers, in the PID (Planned Industrial Development) zoning district. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and Park Ridge Boulevard (Lot 52 Quantum Park). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 52\ MSPM17-001\DO.doc Page 474 of 612 AM PUBLIC HEARING 5/15/2018 REQUESTED ACTION BY COMMISSION: Approve Boynton Village & Town Center Master Plan Modification (MPMD 18-002) to amend the previous approvals for SMU Parcel 1 from 115 single- family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. Applicant: John Markey, JKM Developers EXPLANATION OF REQUEST: The 106 -acre master plan for Boynton Village & Town Center has been amended numerous times since approximately 2012. This latest request is to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes. The SMU Parcel 1 is approximately 20 -acres in size, and is located at the NE corner of Old Boynton Road and Renaissance Commons Boulevard. It is the last remaining vacant parcel of the Boynton Village & Town Center master plan to seek site plan approval. Staff considers the modifications to the approved master plan to be non -substantial, as the requested development falls within the parameters of the original master plan allotments, and is actually a reduction in total dwelling units from 1,120 to 1,115. The Planning & Development Board heard the request at theirApril 24, 2018 meeting and recommended approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with the permit fees and increased property value. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 475 of 612 Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D Conditions of Approval D Development Order Description Staff Report Location Map Etesting Master Plan Proposed Master Plan Conditions of Approval Development Order Page 476 of 612 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-027 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: April 10, 2018 PROJECT NAME/NO: Boynton Village & Town Center (MPMD 18-002) REQUEST: Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. PROJECT DESCRIPTION Applicant: John Markey, JMK Developers Agent: Joni Brinkman, Urban Design Kilday Studios Location: NE corner of Congress Avenue and Old Boynton Road (see "Exhibit A" — Location Map) Existing Land Use: MX -S (Mixed Use Suburban) Existing Zoning: SMU (Suburban Mixed Use) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Master Plan Modification of the Boynton Village & Town Center development, and more specifically the Cortina portion of the project, to amend the development designated for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved Page 477 of 612 Boynton Village & Town Center MPMD 18-002 Staff Report Memorandum No. 18-027 Page 2 residential unit allotment within the entire master plan from 1,120 to 1,115. Acreage: 106.499 -acres Adjacent Uses: North: Right-of-way for the Boynton Canal (C-16), then farther north is the Renaissance Commons mixed use development, zoned SMU (Suburban Mixed Use); South: Right-of-way for Old Boynton Road, then farther south is a mix of multi- family and single-family residential, zoned R-3 and R1 -AA and commercial development (Oakwood Square shopping center), zoned C-3 (Community Commercial); East: Right-of-way for the Lake Worth Drainage District (E-4) Canal, then farther east is single-family residential (Sky Lake), zoned R1 -AA (Single - Family Residential); and West: Right-of-way for Congress Avenue, then farther west are developed commercial properties, zoned C-3 (Community Commercial). BACKGROUND Ms. Joni Brinkman of Urban Design Kilday Studios, is requesting a Master Plan Modification to the Boynton Village & Town Center Master Plan, and more specifically the Cortina portion of the master plan, to amend the development designated for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of approved residential units within the entire master plan from 1,120 to 1,115 (see "Exhibit A" — Location Map). The property is a former dairy farm that received land use amendment and rezoning approval in 2005. The portion of the property containing the Target and Best Buy stores was zoned C-3, Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use, and approved with a corresponding master plan for development. Staff requested a master plan for the entire site, as the interconnectivity and shared amenities warranted a comprehensive review of the 106 acres. The original master plan depicted 405,328 square feet of commercial space (retail, restaurant, & office) plus 1,120 dwelling units. A Master Plan Modification request (MPMD 12-003) was approved on July 17, 2012 to redesign the Cortina portion of the site (which at that time did not include the condominium sites) from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family detached homes, including the relocation and re -sizing of the park land dedication. Subsequently a Master Plan Modification (MPMD 15-001) was submitted to amend a 0.42 -acre portion of SMU Parcel 5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical uses on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. The Master Plan was then modified (MPMD 15-002) to designate the remaining vacant tracts within Boynton Village & Town Center for 643 condominiums, 350 apartments and 115 single-family homes. Master Plan Modification 16-001 added 240 square feet of office space to SMU Parcel 5 administratively through the Minor Master Plan Modification process. Master Plan Modification 17-001 added electric vehicle Page 478 of 612 Boynton Village & Town Center MPMD 18-002 Staff Report Memorandum No. 18-027 Page 3 charging stations to SMU Parcel 2, resulting in the loss of one (1) parking space. This modification was also deemed minor by staff and approved administratively. Master Plan Modification 17-003 was submitted to redesignate the previously approved 643 condominium units for SMU Parcel 3 to 318 apartments. This amendment was approved by the Planning & Development Board, but the applicant withdrew the application before being heard at the City Commission in order to make some slight adjustments to the plan. After making the adjustments, the applicant submitted a new Master Plan Modification application (MPMD 17- 004) which requested to increase the number of apartments proposed for SMU Parcel 3 from the 318 apartments sought under MPMD 17-003 to 324 apartments. The City Commission approved the request on July 18, 2017. Lastly, Master Plan Modification 18-001 was submitted for SMU Parcel 5, to remove one (1) parking space to increase the outdoor dining area for Building L, as well as relocate the dumpster enclosure. This modification was deemed minor by staff and approved administratively. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to amend the development designated for the Cortina portion of the Boynton Village & Town Center Master Plan, specifically SMU Parcel 1, from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. A separate Major Site Plan Modification application (MSPM 18-003) has been submitted in conjunction with the Master Plan Modification request, providing a thorough description of the development plan for SMU Parcel 1 (Cortina III). The original Master Plan approval was subject to a CRALLS (Constrained Roadway At Lower Level of Service) designation for the Congress Avenue and Old Boynton Road intersection. A CRALLS designation is a tool utilized by Palm Beach County under their Traffic Performance Standards (TPS) review of projects, when there is not adequate right-of-way for intersection expansion to accommodate additional turn lanes and/or longer vehicle stacking for those turn lanes. The County required other on and off-site improvements to assist with improved vehicle, bicycle and pedestrian movement facilitation, including the construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, the continuation of Renaissance Commons Boulevard across the C-16 Canal and connecting with Old Boynton Road, the widening of Gateway Boulevard from Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the E-4 and C-16 canals. All of these improvements have been completed. The applicant submitted an updated traffic equivalency statement to Palm Beach County Traffic Engineering for the master plan amendment. The County has determined the amendment does not have a significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. The CRALLS designation established a maximum threshold of 1,120 dwelling units within the Master Plan. This proposed Master Plan Modification request would allocate 433 dwelling units (378 apartments and 55 townhomes) to SMU Parcel 1, for a grand total of 1,115 units throughout the entire 106.499 -acre site. This is the last remaining vacant parcel to seek site plan approval. There are no changes proposed to the commercial portion of the master plan Page 479 of 612 Boynton Village & Town Center MPMD 18-002 Staff Report Memorandum No. 18-027 Page 4 associated with this request. Staff considers the modifications to the approved master plan to be non -substantial, as the requested development falls within the parameters of the original master plan allotments. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non -substantial, and approved subject to the comments included in "Exhibit U - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Village &Town Center\ Master Plan\MPMD 18-002\Staff Report MPMD 18-002.doc Page 480 of 612 i *:4 : I 1:1 h all BOYNTON VILLAGE AND TOWN CENTER (MPMD) N 062.525 250 37 500 �n��t1 of 9Z4CC -1=1 'HOV38 NOINAOS 3nN3AV SS380NO3 OM L 130HVd nws..-l.. ONIG-11ne (L NOUVOIJIGOW 311S HONIW o z z ww 1w NV-1d MIS U3.LSVW o m. R w. 01 �mon'fgm "Aw" 10, 4 -eii' 'j 21, 01 OVA, "WIN" NOV, M4 z v la, ak W U5(SAP, AN Uh". > I IN 4 1 Ms E zo z� L 0 '0" A kA I. , 7-iFk"" 0? .40 11", \ 0 u Z" :—,11 - Rk" N; u u n n " lffi� 0 z z z C) C) ZUN 1-10 -IN— u 9- �O NOIN408 w z z x z w 0 c) C) W. 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Ng -€o . Pn18 4oee8 aUOjUAoq _ Q am mv W m O a U N U O J o �pn1g �CeMa;e� � o EXHIBIT "B" Conditions of Approval Project Name: Boynton Village & Town Center File number: MPMD 18-002 Reference: 2nd review plans identified as a Master Plan Modification with a March 13, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. X 2. Any changes to the Major Site Plan drawings as a result of staff comments shall be reflected on these pages as well. X 3. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD/thumb drive of the presentation at least one week prior to the scheduled meeting. X Page 488 of 612 Boynton Village & Town Center (MPMD 18-002) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\Master Plan\MPMD 18-002\COA post P&D.doc Page 489 of 612 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MPMD 18-002) APPLICANT'S AGENT: Joni Brinkman, Urban Design Kilday Studios AGENT'S ADDRESS: 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2018 TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\Master Plans\MPMD 18-002\DO.doc Page 490 of 612 E:lu" PUBLIC HEARING 5/15/2018 REQUESTED ACTION BY COMMISSION: Approve Cortina III Major Site Plan Modification (MSPM 18-003) to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master plan. Applicant: John Markey, JKM Developers EXPLANATION OF REQUEST: Ms. Joni Brinkman of Urban Design Kilday Studios, representing JKM Developers is requesting approval to construct 378 apartments, 55 townhomes and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master planned development. This application was filed with the companion application to amend the Master Plan (MPMD 18-002) changing the development designated for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. The applicant submitted an updated traffic equivalency statement to Palm Beach County Traffic Engineering for the master plan amendment and proposed site plan. The County has determined the amendment does not have a significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Based upon the overall development depicted within the new master plan, the new daily trips are proposed to be reduced by 1,901 from the development approved in 2014 (674 apartments, 319 condominiums, 115 single family dwelling units 399,000 square feet of commercial, 12,000 square feet of medical office and 10,000 square feet of general office). The AM Peak hour trips are proposed to be reduced by 36 and the PM Peak hour trips reduced by 152. The 378 apartments are proposed within nine (9) 4 -story buildings. The 55 townhomes are designed into eleven (11) 2 -story buildings. These 2 -story townhome buildings are proposed along the east side of the parcel to provide a transition between the proposed apartment buildings and the single- family residential development (Sky Lake) to the east. The Planning and Development Board heard this request at their April 24, 2018 meeting and recommended approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with permit fees and increased property value. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N?A Page 491 of 612 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Drawings D Conditions of Approval D Development Order Description Staff Report Location Map Site Plan Overall Cortina Site Plan Landscape Plans Civil Plan Photometric Plans Lighting Details Architectural Plans Conditions of Approval Cortina Dev Ord Page 492 of 612 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-028 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: April 12, 2018 PROJECT NAME/NO: Cortina III (MSPM 18-003) REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: John Markey, JMK Developers Applicant: John Markey, JMK Developers Agent: Joni Brinkman, Urban Design Kilday Studios Location: Boynton Village & Town Center— SMU Parcel 1, the vacant tract located at the NE corner of Old Boynton Road and Renaissance Commons Boulevard (see Exhibit "A" — Location Map). Existing Land Use: MX -S (Mixed Use Suburban) Existing Zoning: SMU (Suburban Mixed Use) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request for major site plan modification approval to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 in the Boynton Village & Town Center development. Acreage: 20.542 -acres of the entire 106.499 -acre Boynton Village & Town Center parcel. Adjacent Uses: North: Cortina Apartments (SMU Parcel 2) zoned SMU (Suburban Mixed Use), then farther north is the right-of-way for the Boynton Canal (C-16); Page 493 of 612 Staff Report —Cortina III (MSPM 18-003) Memorandum No PZ 18-028 Page 2 South: Right-of-way for Old Boynton Road, then farther south is a mix of multi -family and single-family residential, zoned R-3 and R1 -AA respectively; East: Right-of-way for the Lake Worth Drainage District (E-4) Canal, then farther east is single-family residential (Sky Lake), zoned R1 -AA (Single -Family Residential); and West: Developed commercial buildings within Boynton Village & Town Center, then farther west is right-of-way for Congress Avenue and the Boynton Beach Mall. Site Details: The project site is a vacant 20.542 -acre portion of the 106.499 -acre Boynton Village & Town Center master planned development. BACKGROUND Proposal: Ms. Joni Brinkman of Urban Design Kilday Studios, representing JMK Developers is requesting approval to construct 378 apartments, 55 townhomes and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master planned development. This application was filed with the companion application to amend the Master Plan (MPMD 18-002) to amend the development designated for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. The property is a former dairy farm that received land use amendment and rezoning approval in 2005. The portion of the property containing the Target and Best Buy stores was zoned C-3, Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use, and approved with a corresponding master plan for development. Staff requested a master plan for the entire site, as the interconnectivity and shared amenities warranted a comprehensive review of the 106.499 acres. The original master plan depicted 405,328 square feet of commercial space (retail, restaurant, & office) plus 1,120 dwelling units. The original Master Plan approval was subject to a CRALLS (Constrained Roadway at Lower Level of Service) designation for the Congress Avenue and Old Boynton Road intersection. A CRALLS designation is a tool utilized by Palm Beach County under their Traffic Performance Standards (TPS) review of projects, when there is not adequate right-of-way for intersection expansion to accommodate additional turn lanes and/or longer vehicle stacking for those turn lanes. The County required other on and off-site improvements to assist with improved vehicle, bicycle and pedestrian movement facilitation, including the construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, the continuation of Renaissance Commons Boulevard across the C-16 Canal and connecting with Old Boynton Road, the widening of Gateway Boulevard from Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the E-4 and C-16 canals. All of these improvements have been completed. A traffic signal at Old Boynton Road and Renaissance Commons Boulevard was installed within the last year. Page 494 of 612 Staff Report —Cortina III (MSPM 18-003) Memorandum No PZ 18-028 Page 3 ANALYSIS Concurrency: Traffic: The applicant submitted an updated traffic equivalency statement to Palm Beach County Traffic Engineering for the master plan amendment and proposed site plan. The County has determined the amendment does not have a significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Based upon the overall development depicted within the new master plan, the new daily trips are proposed to be reduced by 1,901 from the development approved in 2014 (674 apartments, 319 condominiums, 115 single family dwelling units 399,000 square feet of commercial, 12,000 square feet of medical office and 10,000 square feet of general office). The AM Peak hour trips are proposed to be reduced by 36 and the PM Peak hour trips reduced by 152. School: The applicant has applied for, and received school concurrency determination from the School District of Palm Beach County. Based upon the School District findings, middle school and high school capacity is available. However, elementary school capacity is not. As a result, the School District is requiring the property owner to provide $26,053 as part of the school capacity contribution, prior to the issuance of any permits (see Exhibit "C" — Conditions of Approval). Utilities: The City's Utility Department has determined that the potable water capacity can meet the demands of the proposed development. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: One point of vehicular ingress/egress is provided for the proposed development. The Site Plan (Sheet ASP -1) depicts a full access driveway located near the midpoint of the project frontage on Renaissance Commons Boulevard, approximately 320 feet north of Old Boynton Road. The access drive is proposed to be gated approximately 170 feet into the development. Both Fire and Public Works staff have reviewed the accessibility plan and are satisfied with the design. A stabilized sod emergency ingress/egress point has been proposed at the north end of the cul-de-sac, providing a connection to the Cortina Apartments project to the north. Circulation: Vehicular circulation would include two-way circulation that continues throughout all areas of the proposed development. As noted above, adequate access and circulation is provided for emergency and solid waste vehicles. Pedestrian access is provided to the greenway path along the east side though a walkway connection, and a southerly walkway connects to the sidewalk along Old Boynton Road. Page 495 of 612 Staff Report —Cortina III (MSPM 18-003) Memorandum No PZ 18-028 Page 4 Additionally, there is a continuous walkway around the eight (8) -acre lake, and connections from it to Renaissance Commons Boulevard, to the dog park amenities, and to the greenway along the LWDD E-4 Canal. Parking: The development proposed for SMU Parcel 1 includes 433 dwelling units (378 apartments and 55 townhomes). The apartments are proposed with (279 one bedroom and 99 two bedroom units). Parking for apartments is based upon the number of bedrooms, one and one-half (1.5) parking spaces for one bedroom units and two (2) spaces for two (2) or more bedroom units. Based upon the calculations, 419 spaces are required for the one bedroom units and 198 spaces for the two bedroom units. The 55 townhomes are all proposed to be three bedrooms, which would require another 110 parking spaces. There is also a calculation for guest parking of 0.15 spaces per unit, and based upon the 433 units, 65 guest parking spaces are required, as well as 5 parking spaces for the recreational amenity and 5 spaces forthe leasing office. In total, 802 parking spaces are required and 808 are provided. A total of 17 handicap parking spaces are required by code, and 17 are being provided. One (1) EV charging station is proposed, serving two (2) parking spaces near the entrance and recreation amenities. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The applicant has designed landscape plans consistent with the planting scheme of the developed portions of Boynton Village & Town Center. The Plant Legend on Sheet LA -14 depicts the use of Green and Silver Buttonwood, Orange Geiger, Live Oak, Pink Tabebuia, Crape Myrtle, Royal Poinciana and Magnolia canopy trees, and Coconut, Royal, Sabal, Bismarck, Date, Alexander and Montgomery palm trees. Typical shrubs include Red Tip Cocoplum, Silver Buttonwood, Clusia, Podocarpus, Ixora, Indian Hawthorne, Croton, Ti Plant, Juniper, Wax Jasmine, Schefflera Trinette and Dwarf Firebush. All plant material proposed is very high to moderate drought tolerant, other than the annuals and lake littoral plantings. Building and Site: The 378 apartments and 55 townhomes are proposed on a vacant 20.542 -acre parcel located on the east side of Renaissance Commons Boulevard, immediate north of Old Boynton Road. This is the last remaining site proposed to be development in the master planned community. The previous master plan depicted this site (SMU Parcel 1) as 115 single-family homes and the property was platted as such as under the Cortina Replat 2. With the proposed change in unit type and numbers associated with this application, the entire master planned development of Boynton Village and Town Center (106.499 -acres) will have five (5) fewer dwelling units (1,115) than the original development approval of 1,120 units. The 378 apartments are proposed within nine (9) 4 -story buildings. The 55 townhomes are designed into eleven (11) 2 -story buildings. These 2 -story townhome buildings are proposed along the east side of the parcel to provide a transition from the single-family residential development (Sky Lake) across the LWDD E-4 Canal to the 4 -story apartment buildings. The 4 -story apartment buildings are setback approximately 108 feet from the south property line abutting Old Boynton Road and another approximately 115 feet across the road to the nearest residential structures. The site amenities include a 10,620 square foot recreation clubhouse, a Page 496 of 612 Staff Report —Cortina III (MSPM 18-003) Memorandum No PZ 18-028 Page 5 separate 2,442 square foot game room structure, a large free form pool amenity, an outdoor BBQ area, racquetball and volleyball courts, an urban garden and tot lot, as well as the walking path around the lake. The applicant is also proposing to construct a second dog park enclosure immediately south of the existing park along Renaissance Commons Boulevard, to facilitate the rotational use of the parks, in an effort to reduce wear and tear on the existing facilities. The one (1) bedroom apartment units range in size from to be 755 to 878 square feet, while the two (2) bedroom units range from 1,056 to 1,186 square feet. The 55 three (3) bedroom townhome units are designed to be between 1,682 and 1,708 square feet in size. The applicant has provided bike racks within the breezeways of each of the nine (9) apartment buildings, and 36 benches and waste receptacles scattered throughout the site and around the lake, in compliance with the "Pedestrian & Bicyclist Amenities" chart from the Site Design Standards section of the Land Development Regulations. Building Height: The proposed new apartments are designed with sloped roofs. The height measurement for sloped roofs per code, is to the midpoint between the eave and the ridge of the roof. The structures have a median roof height of 45 feet, below the 55 -foot height limit before conditional use approval is required. This height is comparable to the height of the buildings to the west, across Renaissance Commons Boulevard, in the Boynton Town Center portion of the master plan containing Target and Best Buy. The two-story townhomes are proposed at a height of 25'- 4" again, measured at the midpoint between the eave and the ridge of the roof. Design: In contrast to the apartments constructed to the north (Cortina Apartments/The District), which have a modern style of architecture, and the apartments proposed as part of the Alta at Cortina development to the north and west of the site, which have a slightly South Florida Mediterranean influence with the barrel tile roofs, Cortina III is designed with a Key West Contemporary style. According to the plans (Sheets A-3.1.1 and TH-3.1.1), the building walls are proposed as smooth stucco, with score lines to provide the illusion of clapboard siding on the lower wall levels on some of the building pop outs, cement tile roofs, brackets, metal awnings and shutters, and decorative aluminum railings. The building walls are proposed to be painted white and very soft South Florida pastel colors (Sherwin-Williams Pure White, Lullaby, Sea Salt, Accessible Beige and Repose Gray), gray cement tile roofs, with white brackets, and awnings, shutters, and railings a dark bronze. Public Art: The original approvals for this vacant parcel occurred prior to the adoption of the Art in Public Places ordinance and became vested through permit issuance. Even though the entire 106.499 -acre project was not subject to the art requirement, the developer did install public art in the roundabouts and on the Michaels building walls in the commercial portion of the site (horse statues and fountains in the roundabouts and horse artwork on the wall). As the application does not intensify the original approval and actually reduces the number of residential units, staff has determined no additional arts fees are due. Site Lighting: The site lighting as designed generally meets the City's lighting/illumination requirements. However, the minimum average light level of one (1) foot-candle does not appear to be met, and 10% of the spot readings appear to be below one (1) foot-candle, with some below 0.5 foot-candle, contrary to code requirements. As Page 497 of 612 Staff Report —Cortina III (MSPM 18-003) Memorandum No PZ 18-028 Page 6 a Condition of Approval, the lighting designer will need to revise the photometric plan at time of permit submittal (see Exhibit "C" — Conditions of Approval). The applicant is utilizing a natural aluminum color post with a silver Ashbery LED light fixture within the parking lot and park areas, which are proposed at a height of 16 feet, to be compatible with the residential nature of the project and the developments across the E-4 Canal and Old Boynton Road. The fixtures are proposed to be shielded to eliminate any light trespass and minimize any external impacts off the property. The applicant is also proposing path lights along the walks around the units. Signage: The proposed monument signage is designed to comply with the adopted Sign Program for Boynton Village & Town Center, placed upon the entry walls and consisting of 12" tall metal lettering on a tiled background, and externally illuminated. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the accompanying master plan modification and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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OtlO2f NO1NA08 (1'1 a ,x�rx�u+�r..+e ' o f)ullqf)'-1 an III eupoo epiiol=l peaq wled Isam C*? co sian z LLI 0 0 GVO� NOiNAO9 010LLI\} 71 � \� � � � � � f)ullqf)'-1 an III eupoo epiiol=l peaq wled Isam co span v M. -ho z LLI 0 0 LLI U) M. -ho - 6ug46il an III eupoo _ o epu� o�'yaeag weed ;samco c v syian o OVOd NOLNA09 MO 9a z ..Q W O, 0 0 x a C9 z x C7 J W H _ U 9a ..Q O, E e / / O ry \e // /2 �U ez // z og 0 // 0 ^^ /// ±\\\/// z rry �\ z2 zo M � 2 2 E � %\\\ <rry �\ 2 2 ASHBERY PATH LIGHT Product Data Sheet General Description Cast aluminum LED cartridge and structure Surface mounted; base plate mounting template Included Asymmetrical and symmetrical distribution types available Zero up -light, International Dark -Sky approved UL Listed, suitable for wet locations Electrical Surge protected 100V -277V 50/60 Hz, Class 2 driver LED cartridge with weatherproof quick disconnect provides ease of Installation and serviceability Ashbery ships prewired, Path Light Type 4 Lamp, 6 Cree XP -G2 LEDs CCT, 3000K, 3500K, 4000K L70, >100,000 hrs Drive Current, 350mA Optla Khatod Collimators Lens, Diffused Acryllte® Power Supply, 100V 277V LED Drver, TRP LED -12W BUG Rating, BO UO G1 IP Rating, IP66 for LED Cartridge Welght, 30 lbs Path Light Type 5 Lamp, 12 Cree XP -G2 LEDs CCT, 3000K, 3500K, 4000K L70, >100,000 hrs Drive Current, 350mA Optla Khatod Collimators Lens, Diffused Acryllte® Power Supply, 100V 277V LED Drver, TRP LED -20W BUG Rating B1 UO G1 IP Rating, IP66 for LED Cartridge Welght, 30 lbs Ashbery Is a trio of lights that brings together advanced LED technology and optics with an homage to traditional -style lights that have a special place In the American lexicon, The pathway light Is 3' tall, and Is Ideal for Illuminating footpaths for safety and extended use, Cast aluminum parts In a full color palette are finished with Landscape Forms proprietary Pangard II® HAPS, VOC, lead-free polyester powdercoat, 'glitnq facts® tl�Peync Basetl on TM -21 projections for the light source. " See-Jightingfacts.comlprotlu<ts for Uetplls. Mar Intensity. IM `kglitnq facts tl�Peync Basetl on TM -21 projections for the light source. " See-Jightingfacts.comlprotluets for tletalls. 1117 -111 6 11 Mar Intensity ieo 35° Mar 67 5° Ma Grid Spacing Equals 3ft Mounting Height page 1 of 2 Landscape Forms, Inc. 1 800.521.2546 1 F 269.381.3455 1 7800 F. Michigan Ave., Kalamazoo, MI 49048 Page 528 of 612 ATHBGY PATH HGHT Product Data Sheet Finish Pangard II®, offered exclusively by Landscape Forms, Is a 19 step program of cleaning, priming, and powdercoating that resists rusting, chipping, peeling and fading to produce the finest metal finish available for site furniture and outdoor lighting, In addition, Pangard II® contains no heavy metals and is free of Hazardous Air Pollutants, To Order Specify', Product, Lamp, Drive Current, Color Temperature, Input Voltage, Mounting Option, and Powdercoat Color EXAMPLE, AP — 006L4 — 035F — 35K — UV1 — SM — Powdercoat Color Product Modifications Don't see what you are looking for? Our goal Is to partner with you as the designer to manufacture solutions needed for the space you are creating, We offer the option to modify our standard product to meet certain design specifications or needs, Contact your local Landscape Forms representative to learn more about these offerings, Warranty LED lighting products are warranted for six years, Other UL Listed, RoHS Compliant, Dark -Sky Approved US Patent Pending C U� US ifacts ghtmg ON RoHS 3000 K and warmer Ashbery is designed by Robert A.M. Stern Architects page 2 of 2 rev. 01/2018 Iiiiid 24433 mm 7/4 184 mm 36 3/4" 936 mm 1 Visit land capeforms con) for more information. Specifications are subject to change without notice. Landscape Forms supports the Landscape Architecture Foundation at the Second Century level. ©2017 Landscape Forms, Inc. Printed in U.S.A. Landscape Forms, Inc. 1 800.521.2546 1 F 269.381.3455 1 7800 F. Michigan Ave., Kalamazoo, MI 49048 Page 529 of 612 ASHBERY PEDESTRAN Product Data Sheet General Description Available In single or double pole mounted configurations Offered In 3 standard pole heights (12', 14', and 16') Optional ANSI 136,41 7 -pin twist lock receptacle Mounting template and anchor hardware Included International Dark -Sky approved UL Listed, suitable for wet locations Electrical Surge protected 100V -277V 50/60 Hz, Class 2 Integrated dimmable driver LED cartridge with weatherproof quick disconnect provides ease of Installation and serviceability Ashbery ships prewired, Pedestrian Type 3 Lamp, 6 Cree XHP50 LEDs CCT, 3000K, 3500K, 4000K L70, >100,000 hrs Drive Current, 1000mA Optic Carclo Optics Lens, Diffused Acryllte® Power Supply, 10OV 277V LED Drver, TRP PLED -50W Dimmable, 0-10V BUG Rating, B1 U1 G1 IP Rating, IP66 for LED Cartridge Pedestrian Type 5 Lamp, 12 Cree XHP50 LEDs CCT, 3000K, 3500K, 4000K L70, >100,000 hrs Drive Current, 1000mA Optic Carclo Optics Lens, Diffused Acryllte® Power Supply, 10OV 277V LED Drver, TRP PLED -96W Dimmable, 0-10V BUG Rating, B2 U1 G1 IP Rating, IP66 for LED Cartridge Ashbery Is a trio of lights that brings together advanced LED technology and optics with an homage to traditional -style lights that have a special place In the American lexicon, The pedestrian light is offered in 12', 14', and 16' heights and is ideal for campuses, parks and plazas, helping to create public spaces that are usable 24 hours a day Options Include single luminaires or a double -mount option for dual luminaires, one on either side of the pole, Patent -pending glare control requires Tess eye adaptation, enabling lower light levels and lower energy use with excellent visual acuity, while tenon -mounted luminaires can be retrofitted In the field, Cast aluminum parts In a full color palette are finished with Landscape Forms proprietary Pangard III HAPS, VOC, lead-free polyester powdercoat, 'ri O inq facts® Tl Basetl on TM -21 projections for the light source. "See-Jightingfacts.comlprotluets for Uetplls. Mar Intensity. ieo 9[ `rglitnq facts tl�Peync Tl Basetl on TM -21 projections for the light source. "See-Jightingfacts.comlprotluets for tletalls. Mar Intensity ieo 1( page 1 of 4 Landscape Forms, Inc. 1 800.521.2546 1 F 269.381.3455 1 7800 F. 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Y QW �U) ¢D >O 0Z w - OST 00 ",E jt w Ili �❑ Q�< O o z m�< O o ° w <❑'83 LU o J �.. Q f i z p jin 1;! w 7 �; 0 L— doA. vaiaolj 3HOV3e NOL OO S9NINNVId S�tlRIDII1HD? 311 1N3Wd0]3V°3�0�dnOdO NVOdOW aoj S10311HOdV 3uv7=oJ% aobadoa a�� M'sos68 VSV V a� o0o r ao��a dV V°~ Al 'SLJ311HaaV VSW �mmaa o� P m VVAA m o_ J� ❑ ❑ ®❑ _ ❑ m� ❑® ❑❑ ❑❑ 8o OIO J� ❑ �mmaa o� P m VVAA m o_ J� ❑ EXHIBIT "C" Conditions of Approval Project Name: Cortina III at Boynton Village File number: MSPM 18-003 Reference: 2nd review plans identified as a Master Plan Modification with a March 13, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permit submittal, please provide engineering justification X for the lack of an 18 inch offset from the edge of curb for the post located on the raised island between the swing gates at the entrance. FIRE Comments: None, all previous comments addressed at DART meeting. X POLICE Comments: None, all previous comments addressed at DART meeting. X BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. X PARKS AND RECREATION Comments: None, all previous comments addressed at DART meeting. X PLANNING AND ZONING Comments: 2. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 3. At time of permit submittal, please revise Sheets SL -1 thru SL -5 to X demonstrate a minimum average light level of one (1) foot-candle is provided, with no more than 10% of the spot readings below one (1) foot-candles, and none below 0.5 foot-candles, other than those readings proposed at the property boundaries. Page 540 of 612 Cortina III at Boynton Village (MSPM 18-003) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT 4. Please add some colorful accent plants, approximately 6' in height X into the streetscape design at the fence along Renaissance Commons Boulevard, in an effort to provide some mid-level plantings between the 2' tall shrubs and palms and canopy trees. 5. Per City Code (Chapter 4, Article II, Section 4.A.3.d.), please remove X any sodded areas, other than for passive or active recreation purposes and replace with shrubs and groundcovers. 6. Please provide all required canopy trees with caliper inches in X compliance with the City code minimum of 4". 7. The proposed 6 -foot tall fences along Old Boynton Road and X Renaissance Commons Boulevard shall be decorative in nature, such as those utilized by the Cortina Apartments/The District development immediately to the north. Chain link fence, clad or not, is expressly prohibited. 8. Please note that approval of the Major Site Plan Modification is X subject to approval of the companion application for Master Plan Modification. 9. Prior to the issuance of any permits, please demonstrate compliance X with School District requirement to provide $26,053 as part of the school capacity contribution. 10. Applicants who wish to utilize City electronic media equipment for X recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\Master Plan\MPMD 18-002\MSPM 18-003\COA post P&D.doc Page 541 of 612 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cortina III at Boynton Village & Town Center (MSPM 18-003) APPLICANT'S AGENT: Joni Brinkman, Urban Design Kilday Studios AGENT'S ADDRESS: 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2018 TYPE OF RELIEF SOUGHT: Major Site Plan Modification approval to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 in the Boynton Village & Town Center development. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town CenterWaster Plans\MPMD 18-002\MSPM 18-003 DO.doc Page 542 of 612 12.A. LEGAL 5/15/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 18-006- SECOND READING - PUBLIC HEARING - Approval of Ordinance amending Section 18-164 of the Code of Ordinances to provide for mutual consent regarding use of the 185 money; amending Section 18-169 to add normal retirement age definition for members who retire with (20) years of service only retirement, to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse, and to add ten year vesting for Police Officers hired on or after October 1, 2016; adding a new Section 18-178 to add a rehire after retirement provision. (Tabled to May 15, 2018) EXPLANATION OF REQUEST: The attached ordinance has been prepared by the Attorney for the Police Pension board and is intended to reflect the mutual consent agreement incorporated in the last collective bargaining agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 543 of 612 ATTACHMENTS: Type D AttachmeW D AttachmeW D Letter Description for mutual consent agreement and to add the rehire after retirement proxAsion Actuarial Impact Statement Brinkman Ltr Page 544 of 612 I ORDINANCE 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING ARTICLE III OF CHAPTER 18 OF THE BOYNTON 5 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE 6 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION 7 18-164 TO PROVIDE FOR MUTUAL CONSENT REGARDING USE 8 OF THE 185 MONEY; AMENDING SECTION 18-169 TO ADD A 9 NORMAL RETIREMENT AGE DEFINITION FOR MEMBERS WHO 10 RETIRE WITH A YEARS OF SERVICE ONLY RETIREMENT, TO 11 PROVIDE FOR PAYMENT OF DEATH BENEFITS TO A 12 DESIGNATED BENEFICIARY IN THE EVENT THAT THERE IS NO 13 SPOUSE, AND TO ADD TEN YEAR VESTING FOR POLICE 14 OFFICERS HIRED ON OR AFTER OCTOBER 1, 2016; ADDING A 15 NEW SECTION 18-178 TO ADD A REHIRE AFTER RETIREMENT 16 PROVISION; PROVIDING FOR CODIFICATION CONFLICT, 17 SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 WHEREAS, the Internal Revenue Code governs rehire of City of Boynton Beach 20 Retirees and contains provisions which allow for in-service distributions under certain 21 circumstances; 22 WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Police Officers 23 Pension Fund ("Fund") recommends amendment of Article HI, Section 18-169 of the Plan to 24 comply with the Code; 25 WHEREAS, the City and the Palm Beach County Police Benevolent Association 26 ("Union") have agreed in collective bargaining to mutually consent regarding the use of the 27 Chapter 185 monies under the Florida Statutes §185.35 which requires an amendment to the 28 Fund Plan document in the City Code; 29 WHEREAS, the City and the Union have agreed in collective bargaining to provide for 30 ten year vesting for members hired on or after October 1, 2016; 31 WHEREAS, the Board recommends adding a provision to allow the payment of 32 benefits to a designated beneficiary of a deceased member in the event that there is no spouse 33 to save the heirs the cost of opening an estate; and 34 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so 35 amend the Boynton Beach Police Officers Pension Fund. 36 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 37 OF BOYNTON BEACH FLORIDA 1 Page 545 of 612 38 39 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and 40 correct and are incorporated herein by this reference. 41 42 Section 2. Section 18-164 of Article III of Chapter 18 of the Boynton Beach Code of 43 Ordinances is hereby amended as follows: 44 45 Sec. 18-164. Creation and maintenance of fund and retirement system. 46 47 48 49 (b) The fund shall be maintained in the following manner: 50 51 (1) By payment to the fund of the net proceeds of the .85% excise tax which is 52 imposed by the City of Boynton Beach upon certain casualty insurance companies on 53 their gross receipts of premiums from holders of policies, which policies cover property 54 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter 55 185, amended. These amounts are to be deposited with the Board of Trustees within 56 five days of receipt by the municipality. F.S. Ch. 185. In November of 2017 and 57 November of 2018 only, $30,000.00 of the insurance premium excise tax provided 58 for in this subsection will be used by the City to offset the unfunded actuarial 59 liability of the Fund. The remainder of the Funds will be used as set forth in Section 60 18-169(8 of the Plan, which provides for a supplemental benefit as defined in 61 Florida Statutes &185.02(221. 62 63 (2) By the payment to the fund of 7% of the salary of each full time police officer 64 duly appointed and enrolled as a member of the City of Boynton Beach Police 65 Department; which 7% shall be picked up, rather than deducted, by the City of Boynton 66 Beach from the compensation due to the Police Officer and paid over to the Board of 67 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All 68 pickup contributions shall be treated as employer contributions for the purposes of 69 determining tax treatment under the Internal Revenue Code of 1986, as amended. All 70 such pick up amounts shall be considered as employee contributions for purposes of this 71 plan. The percentage deducted from the police officers' salaries are to be deposited with 72 the Board of Trustees immediately. F.S. Ch. 185, Boynton Beach Code of Ordinances 73 Sec.18-170. 74 75 (3) By all fines and forfeitures imposed and collected from any police officer 76 because of the violation of any rule and regulation adopted by the Board of Trustees. 77 F.S. Ch. 185. 78 79 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum 80 equal to the normal cost and the amount required to fund any actuarial deficiency shown 81 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On 82 an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 83 2 Page 546 of 612 84 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185. 85 86 (6) By all accretions to the fund by way of interest or dividends on bank deposits, 87 or otherwise. F.S. Ch. 185. 88 89 (7) By all other sources or income now or hereafter authorized by law for the 90 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185. 91 92 93 Section 3. Section 18-169(a) of Article III of Chapter 18 of the Boynton Beach Code of 94 Ordinances is hereby amended as follows: 95 96 Sec. 18-169. Requirements for retirement- benefit amounts. 97 98 (a) Normal retirement. 99 100 (1) Normal retirement date. The normal retirement date of each police officer will be the 101 first day of the month coinciding with, or next following, the date on which he or she 102 has attained and completed 20 years of service, or the first day of the month coinciding 103 with, or next following, the date on which the police officer has attained age 55 and 104 completed ten years of service or age 50 and completed 15 years of service. In the 105 case of a retirement with twenty (201 years of service, effective January 1, 2017, 106 Normal Retirement Age is the age a police officer has attained when retired at 107 twenty (20) years of service. 108 109 Section 4. Section 18-169(d) of Article III of Chapter 18 of the Boynton Beach Code of 110 Ordinances is hereby amended as follows: 111 112 113 Sec. 18-169 Requirements for retirement- benefit amounts 114 115 ******* 116 (d) Death benefit. 117 118 (1) If any member shall die prior to retirement or other termination of employment with the 119 city and that death is found by the Board of Trustees to have occurred in the line of duty 120 regardless of the years of service, a death benefit shall be payable to the deceased 121 member's spouse. The benefit shall equal 3.5% of average final compensation for each 122 year of continuous service; provided, however, the benefit will be at least 30% of 123 average final compensation. It shall be payable in equal monthly installments 124 commencing the first day of the month following the date of death and ceasing upon the 125 death of the spouse. If there is no spouse, the deceased member's accrued benefit 126 shall be payable to the designated beneficiary on file with the Board of Trustees, 3 Page 547 of 612 127 payable as the Contingent Annuitant 100% survivor benefit. If there is no mouse 128 or designated beneficiaries the benefit, if any, will be paid to the deceased participant's 129 estate. Effective September 3, 2015, for all police officers hired on or after October 1, 130 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0%. 131 132 (2) If any member with at least ten years of continuous service shall die prior to retirement 133 or other termination of employment with the city, a death benefit shall be payable to the 134 deceased member's spouse. The benefit shall equal 3.5% of average final compensation 135 for each year of continuous service. It shall be payable in equal monthly installments 136 commencing the first day of the month following the date of death and ceasing upon the 137 death or remarriage of the spouse. If there is no spouse, the deceased member's 138 accrued benefit shall be payable to the designated beneficiary on file with the 139 Board of Trustees, payable as the Contingent Annuitant 100% survivor benefit. 140 If there is no spouse or designated beneficiaries, the benefit, if any, will be paid to 141 the deceased participant's estate. Effective September 3, 2015, for all police officers 142 hired on or after October 1, 2015, the 3.5% multiplier provided for in this paragraph 143 shall be 3.0%. 144 145 (3) If a member dies before being eligible to retire, the heirs, legatees, beneficiaries or 146 personal representatives of such deceased member shall be entitled to a refund of 100% 147 of the contributions made by the member to the fund, without interest. 148 149 Section 5. Section 18-169(e) of Article III of Chapter 18 of the Boynton Beach Code of 150 Ordinances is hereby amended as follows 151 152 (e) Separation from service. 153 154 (1) The vesting period for members hired on or after October 1, 2016 is ten (10) 155 years, The vesting period for members who were hired before October 1, 2016 156 and terminated after October 1, 2002 is five (5) years of service. Eff etive r 157 tex a+iens en and after- Oeteber- 11 2002, if If a member leaves the service of the 158 city before vestinaeetifntilati t, � .1 -*e * e of five years *,,.,,., -,a et -efne t - - 159 befer= being eligible to retire such member shall be entitled to a refund of all of his 160 or her contributions made to the fund, without interest. 161 162 (2) Benefit Commencement Date Lor Ten Year Vesting If any member who had been in 163 the service of the city for at least ten years elects to leave his or her accrued 164 contributions in the fund, such police officer upon attaining age 50 years or more 165 (without reaching what would have been 20 years of service had he or she not 166 terminated his or her employment) may receive an early retirement benefit at the 167 actuarial equivalent of the amount of such retirement income otherwise payable to 168 him or her at early retirement or upon attaining what would have been normal 169 retirement had he or she not terminated his employment, such police officer may 170 receive his or her accrued normal retirement benefit. 0 Page 548 of 612 171 172 (3) Benefit Commencement Date_for Five Year Testing: I�fe - to -m n „+: ,.n s „f+,, 173 octaber- 1, 2002, if If any member who had been in the service of the city for at least 174 five years elects to leave his or her accrued contributions in the fund, the police officer 175 upon attaining age 55 with ten or more years of service (had he or she not terminated 176 employment) or reaching what would have been 20 years of service (had he or she not 177 terminated his or her employment), may receive the accrued normal retirement 178 benefit. The member may receive the benefits payable in the normal form or any 179 option available under Section 18-170. 180 181 182 Section 6. A new Section 18-178 is added to Article III of Chapter 18 of the City of Boynton 183 Beach Code as follows: 184 185 Sec. 18-178. - Reem l�oyment after retirement. 186 187 (a) Any Retiree who is retired under this fund, except for disability retirement. may 188 be reemployed by any public or private employer, except the City, and may receive 189 compensation from that employment without limiting or restricting in any way the 190 retirement benefits payable under this fund. Reemployment of a Retiree by the City on or 191 after January 1, 2017 shall be subject to the limitations set forth in this section. 192 193 b) Reemployment in a position other than as a Police Officer or in a position 194 upervising police officers. Notwithstanding any other provision of this Plan. a Retiree 195 who is retired from the Fund on a Normal Retirement at Normal Retirement Age and 196 who is subsequently reemployed by the city in a position other than as a Police Officer or 197 in a position supervising police officers shall, upon being reemployed, continue receipt of 198 benefits from this Fund. The benefit paid from this Fund shall not be changed in any way 199 by such reemployment. These payments shall be considered in-service distributions. 200 201 c) Reemployment as a Police Officer. In the event a Retiree who is retired from the 202 Fund is subsequently reemployed by the city as a Police Officer or into a position that 203 upervises Police Officers, the benefit payable to the Retiree from this Fund shall be 204 suspended for the period of such reemployment. untilthe Retiree terminates employment 205 with the city. 206 207 11 If by virtue of re-employment as a Police Officer, the retiree is eligible to 208 participate in this plan, the retiree shall be deemed to be one hundred (1001 209 percent vested upon re-employment. 210 211 (2) The additional credited service accrued during the subsequent employment 212 period shall be used in computing a second benefit amount attributable to 213 the subseauent employment period, which benefit amount shall be added to Page 549 of 612 214 the benefit determined upon the initial retirement to determine the total 215 benefit payable upon final retirement. 216 217 31 Calculations of benefits for each retirement shall be based upon the benefit 218 accrual rate, average annual earnings, credited service, cost -of -living 219 adjustment as of that date and the retirement benefit amount for any 220 subsequent employment period shall be based upon the benefit accrual rate, 221 average annual earnings (based only on the subsequent employment 222period), credited service, cost -of -living adjustment, if applicable, as of the 223 date of subsequent retirement. 224 225 41 The optional form of benefit and any joint pensioner selected upon initial 226 retirement shall not be subject to change upon subsequent retirement 227 except as otherwise provided herein, but the member may select a different 228 optional form and joint pensioner applicable to the subsequent retirement 229 hnngfiL 230 231 d) Re-employment of terminated vested persons. Re-employed terminated vested 232 persons, including those elected or appointed to the City Commission, shall not be subject 233 to the provisions of this section until such time as thev begin to actuallv receive benefits 234 after termination of employment in accordance with Section 18-169(el. 235 236 e) Notwithstanding any provision of subsection (a), (b), (c) or (d) above, a Retiree who 237 has retired on an Earlv Retirement or a Disability Retirement may not be reemployed by 238 the city and continue to receive a benefit from this Fund. Retirement pursuant to an early 239 retirement incentive program shall be deemed early retirement for purposes of this 240 section if the member was permitted to retire prior to the customary retirement date 241 provided for in the plan at the time of retirement. 242 243 244 Section 7. It is the intention of the City Commission of the City of Boynton Beach that the 245 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the 246 City of Boynton Beach Florida The Sections of this ordinance may be renumbered re -lettered 247 and the word Ordinance may be changed to Section Article or such other word or phrase in 248 order to accomplish such intention. 249 250 Section 8. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in conflict 251 herewith be and the same are hereby repealed to the extent of such conflict. If any clause section 252 or other part or application of this Ordinance shall be held by any court of competent jurisdiction 253 to be unconstitutional or invalid such unconstitutional or invalid part or application shall be 254 considered as eliminated and so not effecting the validity of the remaining portions or 255 applications remaining in full force and effect. 256 D Page 550 of 612 257 Section 9. This Ordinance shall become effective upon passage, unless otherwise provided for 258 in this amendment. 259 FIRST READING this day of 2018. 260 SECOND, FINAL READING AND PASSAGE this day of 261 2018. 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 ATTEST: 279 280 281 282 Judith A. Pyle, CMC 283 City Clerk 284 285 286 287 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello 7 VOTE Page 551 of 612 Section 1. Bargaining Unit Members hired on or after October 1, 2015 will have pension multiplier of three percent j�02MmWpM WMI YSM L 39 by entering into a Mutual Consent Agreement The Mutual Consent Agreement is attached herew as Addendum "B." Secdon 3 The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10) years. Section 4 The City and Union agree to reopen this Article at the request of City durint, year three of this contract. Page 61 of 78 —LP— TA - PBA TAL —city M Police Officers& Detectives and Cqyof Beach - Para Term Ending September 30,2019 Page 552 of 612 IV RO 4*] 09 1 11TAft dw.1 0 0 1.101 011M This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "CITY") and 'ABEACH COUNTY POLICE BENEVOLENT ASSOCIATION (-PBA-) POLICE OFFICERS AND DETECTIVES, POLICE SERGEANTS, AND POLICE LIEUTENANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTW); and T;B Awene-11:14 # VIA 1 J� It 4:4 — 0:4 - ki 10) - 2. The total of sixty thousand dollars ($60,000) of IPTR whether base premium revenue or additional premium tax revenue, received by the City will be used reduce the City's unfunded liability to the Boynton Beach Police Officers' Pensi Fund. These funds will be provided to the City in $30,000 increments by Novemb 2017 and November 2018. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Pagefollows Page 76 of 78 TA - PBA TA U City Page 553 of 612 m Lori r ®Ct_ Manager ATTES'v,� City perk 111 jr, rm,y r ' r o] Ili W IJ40 VA.� r m FN 0:1415:41 r r CIO TY— City Page 554 of 612 ■ Retiremient t -, nsulting- t tttr `utttt r{{ f �� tt " i(It «ir t1��1«.. April 30, 2018 Mr. Robert J. Dorn Plan Administrator Boynton Beach Police Officers' Retirement Trust Fund 2100 N. Florida Mango Road West Palm Beach, FL 33409 P:954.527.1616 F:954.525.0083 I www. rscansulting.com Re: City of Boynton Beach Municipal Police Officers' Retirement Fund Actuarial Impact Statement Dear Robert: As requested we have prepared the enclosed Actuarial Impact Statement for the proposed ordinance that would amend the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan) as follows: • Amend section 18-164 to provide for mutual consent regarding use of Chapter 185 revenue (and to stipulate that $30,000 of the excess state premium tax revenue will be used by the City to offset the unfunded actuarial liability of the Fund in November 2017 and November 2018). • Amend section 18-169 to add a normal retirement age definition for members who retire with 20 years of service (under the service only definition). • Amend section 18-169 to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse. • Amend section 18-169 to change the vesting requirement from completion of five (5) years of service to completion of ten (10) years of service for Police Officers hired on or after October 1, 2016. • Add a new section 18-178 to add reemployment after retirement provisions. Summary of Findings The actuarial impact of the change in the vesting requirements is as follows: • The total required contribution for the fiscal year ending September 30, 2019 will be decrease by $2,426 (0.02% of covered pay), from $5,809,713 to $5,807,287. This assumes that the Chapter Revenue received in the fiscal year ending September 30, 2019 is at least $465,087. • The Plan's Unfunded Actuarial Accrued Liability (UAAL) as of October 1, 2017 decreases by $1,174, from $44,518,528 to $44,517,354. 0 The plan's funded ratio as of October 1, 2017 remains at 64.1%. Mr. Robert Dorn, Plan Administrator April 30, 2018 Page 2 In our opinion, the other changes included in this Ordinance (listed above) will not have an immediate actuarial impact on the Plan. The use of $30,000 per year from the excess state premium tax revenue during fiscal year 2018 and fiscal year 2019 will reduce the unfunded liability by $30,000 as of October 1, 2018 and October 1, 2019. This will cause a small reduction in the required City contributions for fiscal years 2020 and 2021. All actuarial assumptions and remaining benefit provisions are the same as indicated in our October 1, 2017 Actuarial Valuation Report. Please refer to the enclosed exhibits for details. Disclosures This report was prepared at the request of the Board of Trustees and is intended for use by the Board and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. The purpose of this report is to describe the financial effect of potential changes to Plan assumptions. This report should not be relied on for any purpose other than the purpose described. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2017 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. For additional information regarding the assumptions or benefits used in this study please see the "Actuarial Assumptions and Cost Method" and "Summary of Plan Provisions" sections of the October 1, 2017 Actuarial Valuation Report. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. Mr. Robert Dorn, Plan Administrator April 30, 2018 Page 3 Peter N. Strong and Jeffrey Amrose are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. They are independent of the plan sponsor. This actuarial valuation and/or cost determination was prepared and completed by us or under our direct supervision, and we acknowledge responsibility for the results. To the best of our knowledge, the results are complete and accurate. In our opinion, the techniques and assumptions used are reasonable and are based on generally accepted actuarial principles and practices. There is no benefit or expense to be provided by the Plan and/or paid from the Plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. We welcome your questions and comments. Sincerely yours, Peter N. Strong, FSA A, MAAA Senior Consultant and Actuary Enclosures J/fe rose, EA,MAAA Sonsultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. CITY OF BOYNTON BEACH MUNICIPAL POLICE OFFICERS' RETIREMENT FUND Actuarial Impact Statement — April 30, 2018 Description of Amendments The proposed ordinance would amend the Plan as follows: • Amend section 18-164 to provide for mutual consent regarding use of Chapter 185 revenue (and to stipulate that $30,000 of the excess state premium tax revenue will be used by the City to offset the unfunded actuarial liability of the Fund in November 2017 and November 2018). • Amend section 18-169 to add a normal retirement age definition for members who retire with 20 years of service (under the service only definition). • Amend section 18-169 to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse. • Amend section 18-169 to change the vesting requirement from completion of five (5) years of service to completion of ten (10) years of service for Police Officers hired on or after October 1, 2016. • Add a new section 18-178 to add reemployment after retirement provisions. Funding Implications of Amendment In our opinion the only change that will have an immediate actuarial impact on the Plan is the change in the vesting requirement for Police Officers hired on or after October 1, 2016. An actuarial cost estimate of the impact of this change is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator Retirement City of Boynton Beach Municipal Police Officers' Retirement Fund GRS Consulting Actuarial Impact Statement Based on October 1, 2017 Valuation 4 Page 558 of 612 ACTUARIALLY DETERMINED EMPLOYER CONTRIBUTION (ADEC) A. Valuation Date October 1, 2017 October 1, 2017 Change Valuation Proposed Increase/ Assumptions Ordinance Decrease B. ADEC to Be Paid During Fiscal Year Ending 9/30/2019 9/30/2019 C. Assumed Date of Employer Contrib. 10/1/2018 10/1/2018 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 3,411,985 $ 3,411,915 $ (70) E. Employer Normal Cost 2,709,713 2,707,417 (2,296) F. ADEC if Paid on the Valuation Date: D+E 6,121,698 6,119,332 (2,366) G. ADEC Adjusted for Frequency of Payments 6,121,698 6,119,332 (2,366) H. ADEC as % of Covered Payroll 51.74 % 51.72 % (0.02) % I. Assumed Rate of Increase in Covered Payroll to Contribution Year 2.50 % 2.50 % 0.00 % J. Covered Payroll for Contribution Year 12,127,560 12,127,560 0 K. ADEC for Contribution Year: H x J 6,274,800 6,272,374 (2,426) L. Estimate of State Revenue in Contribution Year 465,087 465,087 0 M.Actuarially Determined Employer Contribution (ADEC) in Contribution Year 5,809,713 5,807,287 (2,426) N. ADEC as % of Covered Payroll in Contribution Year: M=J 47.91 % 47.89 % (0.02) % IVRetirement Consulting City of Boynton Beach Municipal Police Officers' Retirement Fund Actuarial Impact Statement Based on October 1, 2017 Valuation Page 559 of 612 ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1, 2017 October 1, 2017 Change Valuation Proposed Increase/ Assumptions Ordinance Decrease B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits 68,856,446 68,856,446 $ - b. Vesting Benefits 2,518,904 2,463,614 (55,290) c. Disability Benefits 3,803,293 3,803,293 - d. Preretirement Death Benefits 1,036,045 1,036,045 - e. Return of Member Contributions 74,466 97,768 23,302 f. Total 76,289,154 76,257,166 (31,988) 2. Inactive Members a. Service Retirees & Beneficiaries 70,489,330 70,489,330 - b. Disability Retirees 3,425,706 3,425,706 - c. Terminated Vested Members 4,139,840 4,139,840 - d. Total 78,054,876 78,054,876 - 3. Total for All Members 154,344,030 154,312,042 (31,988) C. Actuarial Accrued (Past Service) Liability 123, 848,125 123, 846, 951 (1,174) D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 111,391,695 111,391,695 E. Plan Assets 1. Market Value 81,034,320 81,034,320 - 2. Actuarial Value 79,329,597 79,329,597 F. Unfunded Actuarial Accrued Liability: C- E2 44,518,528 44,517,354 (1,174) G. Actuarial Present Value of Projected Covered Payroll 108,595,154 108,595,154 H. Actuarial Present Value of Projected Member Contributions 7,601,660 7,601,660 - I. Accumulated Contributions of Active Members 6,532,640 6,5321640 - Retirement Consulting City of Boynton Beach Municipal Police Officers' Retirement Fund Actuarial Impact Statement Based on October 1, 2017 Valuation Page 560 of 612 ENTRY AGE NORMAL METHOD CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1, 2017 October 1, 2017 Change Valuation Proposed Increase/ Assumptions Ordinance Decrease B. Normal Cost for 1. Service Retirement Benefits $ 2,790,286 $ 2,790,286 $ - 2. Vesting Benefits 217,962 214,033 (3,929) 3. Disability Benefits 275,776 275,776 - 4. Preretirement Death Benefits 63,228 63,228 - 5. Return of Member Contributions 24,637 26,270 1,633 6. Total for Future Benefits 3,371,889 3,369,593 (2,296) 7. Assumed Amount for Administrative Expenses 166,048 166,048 - 8. Total Normal Cost 3,537,937 3,535,641 (2,296) C. Expected Member Contribution 828,224 828,224 - D. Employer Normal Cost: 68-C 2,709,713 2,707,417 (2,296) E. Employer Normal Costas a% of Covered Payroll 22.90% 22.88% (0.02) % Retirement Consulting City of Boynton Beach Municipal Police Officers' Retirement Fund Actuarial Impact Statement Based on October 1, 2017 Valuation Page 561 of 612 PARTICIPANT DATA October 1, 2017 ACTIVE MEMBERS Number 136 Covered Annual Payroll $ 11,831,766 Average Annual Payroll $ 86,998 Average Age 37.7 Average Past Service 9.6 Average Age at Hire 28.1 RETIREES & BENEFICIARIES & DROP Number 119 Annual Benefits $ 5,944,967 Average Annual Benefit $ 49,958 Average Age 59.3 DISABILITY RETIREES Number 15 Annual Benefits $ 362,066 Average Annual Benefit $ 24,138 Average Age 63.2 TERMINATED VESTED MEMBERS Number 20 Annual Benefits $ 495,428 Average Annual Benefit $ 24,771 Average Age 39.5 Retirement Consulting City of Boynton Beach Municipal Police Officers' Retirement Fund Actuarial Impact Statement Based on October 1, 2017 Valuation Page 562 of 612 CTI May 8, 2018 Mr. Keith Brinkman w- ttjrra-r�, Division of Retirement P.O. Box 9000 Tallahassee, FL 32315-9000 1 111 111111111111111111 1��I III lII, 1111111 Jill' UW41111ML711, a 0-1111 � I kj L I - - U - Enclosed for your review are the following documents: 1. Ordinance 18-006 amending Section 18-164 of the City of Boynton Beach Code of Ordinances. 2. Actuarial Impact Statement dated April 30, 2018. Very truly yours, James A. Chcroj- 6-5 City Attorney JAC/Ims Enc. (2) Am erica s Ga te way to th e Gulfstream Page 563 of 612 ORDINANCE ;. 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING ARTICLE III OF CHAPTER+ + 5 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE 6 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION 7 18-164 TO PROVIDE FOR MUTUAL CONSENT REGARDING USE OF THE 185 MONEY;+ 18-169 TO ADD A 9 NORMAL RETIREMENT AGE DEFINITION FOR MEMBERS WHO 10 RETIRE WITH A YEARS OF SERVICE ONLY . TO PROVIDE11 E OF 12 DESIGNATED #, SPOUSE,13 O ADD TEN YEAR VESTING FOR 4 OFFICERS ON OR OCTOBER 2016; ADDING SECTION15 NEW ADD A REHIRE 6 PROVISION; PROVIDING F+R CODIFICATION C SEVERABILITY,17 ! AN EFFECTIVE D 18 19 WHEREAS, the Internal Revenue Code governs rehire of City of Boynton Beach 20 Retirees and contains provisions which allow for in-service distributions under certain 21 circumstances; 22 WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Police Officers 23 Pension Fund ("Fund") recommends amendment of Article III, Section 18-169 of the Plan to 24 comply with the Code; 25 WHEREAS, the City and the Palm Beach County Police Benevolent Association 26 ("Union") have agreed in collective bargaining to mutually consent regarding the use of the 27 Chapter 185 monies under the Florida Statutes §185.35 which requires an amendment to the 28 Fund Plan document in the City Code; 29 WHEREAS, the City and the Union have agreed in collective bargaining to provide for 30 ten year vesting for members hired on or after October 1, 2016; 31 WHEREAS, the Board recommends adding a provision to allow the payment of 32 benefits to a designated beneficiary of a deceased member in the event that there is no spouse 33 to save the heirs the cost of opening an estate; and 34 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so 35 amend the Boynton Beach Police Officers Pension Fund. 36 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 37 OF BOYNTON BEACH FLORIDA 1 Page 564 of 612 38 39 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and 40 correct and are incorporated herein by this reference. 41 42 Section 2. Section 18-164 of Article III of Chapter 18 of the Boynton Beach Code of 43 Ordinances is hereby amended as follows: 44 45 See. 18-164. Creation and maintenance of fund and retirement system. 46 47 48 49 (b) The fund shall be maintained in the following manner: 50 51 (1) By payment tote fund of the net proceeds of the .85% excise tax which is 52 imposed by the City of Boynton Beach upon certain casualty insurance companies on 53 it gross receipts of premiums from holders of policies, which policies cover property 54 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter 55 185, amended. These amounts are to be deposited with the Board of Trustees within 56 five as of receipt by the municipality. F.S. Ch. 185. 'LL: Juip:11. v. S30.000.0t, nrendum mis 57 Lof 11 58 for 1h-1hi&-&Ub1CdiM. will be use djLv—Ag= �'d the unfundmLactuarial 59 fiabili I -Lit i 1,; L-1hMmainder of thr. Funds will 60 Mim oyidea for LAna2kaWatILkgLqflLAsLAdcqfmmed-in 61 Florida Statutca §1 62 63 (2) By the payment to the fund of 7% of the salary of each full time police officer 64 duly appointed and enrolled as a member of the City of Boynton Beach Police 65 Department; which 7% shall be picked up, rather than deducted, by the City of Boynton 66 Beach from the compensation due to the Police Officer and paid over to the Board of 67 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All 68 pickup contributions shall be treated as employer contributions for the purposes of 69 determining tax treatment under the Internal Revenue Code of 1986, as amended. All 70 such pick up amounts shall be considered as employee contributions for purposes of this 71 plan. The percentage deducted from the police officers' salaries are to be deposited with 72 the Board of Trustees immediately. F.S. Ch. 185, Boynton Beach Code of Ordinances 73 Sec. 18-170. 74 75 (3) By all fines and forfeitures imposed and collected from any police officer 76 because of the violation of any rule and regulation adopted by the Board of Trustees. 77 F.S. Ch. 185. 78 79 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum 80 equal to the normal cost and the amount required to fund any actuarial deficiency shown 81 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On 82 an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 83 2 Page 565 of 612 84 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185. 85 86 (6) By all accretions to the fund by way of interest or dividends on bank deposits, 87 or otherwise. F.S. Ch. 185. 88 89 (7) By all other sources or income now or hereafter authorized by law for the 90 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185. 91 92 93 Section 3. Section 18-169(a) of Article III of Chapter 18 of the Boynton Beach Code of 94 Ordinances is hereby amended as follows: 95 96 Sec. 18-169. Requirements for retirement- benefit amounts. 97 98 (a) Normal retirement. 99 100 (1) Normal retirement date. The normal retirement date of each police officer will be the 101 first day of the month coinciding with, or next following, the date on which he or she 102 has attained and completed 20 years of service, or the first day of the month coinciding 103 with, or next following, the date on which the police officer has attained age 55 and 104 completed ten years of service or age 50 and completed 15 years of service.-InAh& 105 �&�Actimyc �Janumapj,= jil Fe a 106 is the ag d 107 e l 1 ve rs service. 108 109 Section 4. Section 18-169(4) of Article III of Chapter 18 of the Boynton Beach Code of 110 Ordinances is hereby amended as follows: ill 112 113 Sec. 18-169 Requirements for retirement- benefit amounts 114 115 116 (d) Death benefit, 117 118 (1) If any member shall die prior to retirement or other termination of employment with the 119 city and that death is found by the Board of Trustees to have occurred in the line of duty 120 regardless of the years of service, a death benefit shall be payable to the deceased 121 member's spouse. The benefit shall equal 3.5% of average final compensation for each 122 year of continuous service; provided, however, the benefit will be at least 30% of 123 average final compensation. It shall be payable in equal monthly installments 124 commencing the first day of the month following the date •dand ceasing upon the 125 death of the spouse. If there is no spouse., the deceased member's accrued bsngfif 126 shall be noyable to the designated beneficiary on file with the Board of Tr -us K Page 566 of 612 127 Llayable as the Coating-ent Annuitant 100% survivor benefit, If th 128 or designatcd beneficiaries the benefit, if any, will be paid to the deceased participant's 129 estate. Effective September 3, 2015, for all police officers hired on or after October 1, 130 2015, the 3.5 % multiplier provided for in this paragraph shall be 3.0%. 131 An Page 567 of 612 171 172 (3) Beaefff-C�enc 173 Oeteb— AnIj -- s... If any member who had been in the service of the city for at least 174 five years elects to leave his or her accrued contributions in the fand, the police officer 175 upon attaining age 55 with ten or more years of service (had he or she not terminated 176 employment) or reaching what would have been 20 years of service (had he or she not 177 terminated his or her employment), may receive the accrued normal retirement 178 benefit. The member may receive the benefits payable in the normal form or any 179 option available under Section 18-170. 180 181 182 Section 6. Anew Section 18-178 is added to Article III of Chapter 18 of the City of Boynton 183 Beach Code as follows: 184 185 mment after 186 187 letimd 1:!l!:!! iiii ea' Ljggd,@ AgA for disabili 1!,,� 11� 1: 1; 188 C or priyat the Oft, a ALZROin 189 -h#j=eE3jftment W I L-ru=' 190 ezllhii�ia Lem 191 110 in this SediolL Mj,U17 shall be anWect to thelumigh 192 01ce 201 213 5 Page 568 of 612 [i Page 569 of 612 257 Section 9. This Ordinance shall become effective upon passage, unless otherwise provided for 258 in this amendment. 259 FIRST READING this _ day of ----------------- , 2018. 260 SECOND, FINAL READING AND PASSAGE this day of 261 2018. 262 263 CITY OF BOYNTON EACH, FLOFJDA 264 YES NO 265 266 Mayor — Steven B. Grant 267 268 Vice Mayor — Christina L. Romelus 269 270 Commissioner — Mack McCray 271 272 Commissioner — Justin Katz 273 274 Commissioner — Joe Casello 275 276 277 VOTE 278 ATTEST: 279 280 281 282 Judith A. Pyle, CMC 283 City Clerk 284 285 286 287 (Corporate Seal) 6 Page 570 of 612 `gyp RetirementConsulting April 30, 2018 Mr. Robert J. Dorn Plan Administrator Boynton Beach Police Officers' Retirement Trust Fund 2100 N. Florida Mango Road West Palm Beach, FL 33409 Re: City of Boynton Beach Municipal •.Retirement Actuarial Impact Statement Dear Robert: As requested we have prepared the enclosed Actuarial Impact Statement for the proposed ordinance that would amend the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan) as follows: • Amend section 18-164 to provide for mutual consent regarding use of Chapter 185 revenue (and to stipulate that $30,000 of the excess state premium tax revenue will be used by the City to offset the unfunded actuarial liability of the Fund in November 2017 and November 2018). • Amend section 18-169 to add a normal retirement age definition for members who retire with 20 years of service (under the service only definition). • Amend section 18-169 to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse. • Amend section 18-169 to change the vesting requirement from completion of five (5) years of service to completion of ten (10) years of service for Police Officers hired on or after October 1, 2016. • Add a new section 18-178 to add reemployment after retirement provisions. Summary f Findings The actuarial impact of the change in the vesting requirements is as follows: The total required contribution for the fiscal year ending September 30, 2019 will be decrease by $2,426 (0.02% of covered pay), from $5,809,713 to $5,807,287. This assumes that the Chapter Revenue received in the fiscal year ending September 30, 2019 is at least $465,087. The Plan's Unfunded Actuarial Accrued Liability (UAAL) as of October 1, 2017 decreases by $1,174, from $44,518,528 to $44,517,354. The plan's funded ratio as of October 1, 2017 remains at 64.1%. Mr. Robert Dorn, Plan Administrator April 30, 2018 Page 2 In our opinion, the other changes included in this Ordinance (listed above) will not have an immediate actuarial impact on the Plan. The use of $30,000 per year from the excess state premium tax revenue during fiscal year 2018 and fiscal year 2019 will reduce the unfunded liability by $30,000 as of October 1, 2018 and October 1, 2019. This will cause a small reduction in the required City contributions for fiscal years 2020 and 2021. All actuarial assumptions and remaining benefit provisions are the same as indicated in our October 1, 2017 Actuarial Valuation Report. Please refer to the enclosed exhibits for details. This report was prepared at the request of the Board of Trustees and is intended for use by the Board and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. The purpose of this report is to describe the financial effect of potential changes to Plan assumptions. This report should not be relied on for any purpose other than the purpose described. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2017 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. For additional information regarding the assumptions or benefits used in this study please see the "Actuarial Assumptions and Cost Method" and "Summary of Plan Provisions" sections of the October 1, 2017 Actuarial Valuation Report. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. Mr. Robert Dorn, Plan Administrator April 30, 2018 Page 3 Peter N. Strong and Jeffrey Amrose are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. They are independent of the plan sponsor. This actuarial valuation and/or cost determination was prepared and completed by us or under our direct supervision, and we acknowledge responsibility for the results. To the best of our knowledge, the results are complete and accurate. In our opinion, the techniques and assumptions used are reasonable and are based on generally accepted actuarial principles and practices. There is no benefit or expense to be provided by the Plan and/or paid from the Plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. We welcome your questions and comments. Sincerely yours, PA Peter N. Strong, FSA A, MAAA Senior Consultant and Actuary Enclosures J/nior rose, EA, MAAA Sonsultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. rt z Actuarial Impact Statement —April 30, 2018 The proposed ordinance would amend the Plan as follows: Amend section 18-164 to provide for mutual consent regarding use of Chapter 185 revenue (and to stipulate that $30,000 of the excess state premium tax revenue will be used by the City to offset the unfunded actuarial liability of the Fund in November 2017 and November 2018). Amend section 18-169 to add a normal retirement age definition for members who retire with 20 years of service (under the service only definition). Amend section 18-169 to provide for payment of death benefits to a designated beneficiary in the event that there is no spouse. • Amend section 18-169 to change the vesting requirement from completion of five (5) years of service to completion of ten (10) years of service for Police Officers hired on or after October 1, 2016. • Add a new section 18-178 to add reemployment after retirement provisions. Funding Implications of Amendment In our opinion the only change that will have an immediate actuarial impact on the Plan is the change in the vesting requirement for Police Officers hired on or after October 1, 2016. An actuarial cost estimate of the impact of this change is attached. Certification of Administrator believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees s Plan Administrator Ra6rement City of Boynton Beach Municipal Police Officers' Retirement Fund 4 ^�'^ Actuarial Impact Statement Based on October 1, 2017 Valuation � �00� Page 574 of 612 A. Valuation Date October 1, 2017 October 1, 2017 Change Valuation Proposed Increase/ Assumptions Ordinance Decrease B. ADEC to Be Paid During Fiscal Year Ending 9/30/2019 9/30/2019 C. Assumed Date of Employer Contrib. 10/1/2018 10/1/2018 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 3,411,985 3,411,915 $ (70) E. Employer Normal Cost 2,709,713 2,707,417 (2,296) F. ADEC if Paid on the Valuation Date: D+E 6,121,698 6,119,332 (2,366) G. ADEC Adjusted for Frequency of Payments 6,121,698 6,119,332 (2,366) H. ADEC as % of Covered Payroll 51.74 % 51.72 % (0.02) % I. Assumed Rate of Increase in Covered Payroll to Contribution Year 2.50 % 2.50 % 0.00 % J. Covered Payroll for Contribution Year 12,127,560 12,127,560 0 K. ADEC for Contribution Year: H x J 6,274,800 6,272,374 (2,426) L. Estimate of State Revenue in Contribution Year 465,087 465,087 0 M. Actuarially Determined Employer Contribution (ADEC) in Contribution Year 5,809,713 5,807,287 (2,426) N. ADEC as % of Covered Payroll in Contribution Year: M +J 47.91 % 47.89 % (0.02) % Fkfiremmt City of Boynton Beach Municipal Police offlicers' Retirement Fund Conwiting Actuarial Impact Statement Based on October 1, 2017 Valuation Page 575 of 612 A. Valuation Date Octo be r 1, 2017 October 1, 2017 Change Valuation Proposed Increase/ Assumptions Ordinance Decrease B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits 68,856,446 68,956,446 b. Vesting Benefits 2,518,904 2,463,614 (55,290) c. Disability Benefits 3,803,293 3,803,293 d. Preretirement Death Benefits 1,036,045 1,036,045 - e. Return of Member Contributions 74,466 97,768 23,302 f. Total 76,289,154 76,257,166 (31,988) 2. Inactive Members a. Service Retirees & Beneficiaries 70,499,330 70,489,330 b. Disability Retirees 3,425,706 3,425,706 c. Terminated Vested Members 4,139,840 4,139,840 d. Total 78,054,876 78,054,876 3. Total for All Members 154,344,030 154,312,042 (31,988) C. Actuarial Accrued (Past Service) Liability 123,848,125 123,846,951 (1,174) D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 111,391,695 111,391,695 E. Plan Assets 1. Market Value 81,034,320 81,034,320 2. Actuarial Value 79,329,597 79,329,597 F. Unfunded Actuarial Accrued Liability: C - E2 44,518,528 44,517,354 (1,174) G. Actuarial Present Value of Projected Covered Payroll 108,595,154 108,595,154 H. Actuarial Present Value of Projected Member Contributions 7,601,660 7,601,660 I. Accumulated Contributions of Active Members 6,532,640 6,532,640 Rueorement City of Boyntion Beach Municipal Police Officers' Retirement Fund 6 ConsuWng Actuarial Impact Statement Based on October 1, 2017 Valuation Page 576 of 612 ENTRY AG E N 0 RIVIAL M ETHOD A. Valuation Date October 1, 2017 October 1, 2017 Change Valuation Proposed Increase/ Assumptions ordinance Decrease B. Normal Cost for I. Service Retirement Benefits $ 2,790,286 $ 2,790,286 $ 2. Vesting Benefits 217,962 214,033 (3,929) 3. Disability Benefits 275,776 275,776 4. Preretirement Death Benefits 63,228 63,228 - 5. Return of Member Contributions 24,637 26,270 1,633 6. Total for Future Benefits 3,371,889 3,369,593 (2,296) 7. Assumed Amount for Administrative Expenses 166,048 166,048 8. Total Normal Cost 3,537,937 3,535,641 (2,296) C. Expected Member Contribution 828,224 828,224 D. Employer Normal Cost, 138-C 21709,713 2,707,417 (2,296) E. Employer Normal Cost as a % of Covered Payroll 22.90% 22.88% (0.02) % PAtirwrom City of Boynton Beach Municipal Police Officers' Retirement Fund 7 consuking Actuarial Impact Statement Based on October 1, 2017 Valuation Page 577 of 612 PARTICIPANTDATA ber 1, 201 ACrIVE MEMBERS Number 136 Covered Annual Payroll $ 11,831,766 Average Annual Payroll $ 86,998 Average Age 37.7 Average Past Se rvi ce 9.6 Average Age at Hire 28.1 RETIREES& BEN EFICIARI ES & DROP Number 119 Annual Benefits $ 5,944,967 Average Annual Benefit $ 49,958 Average Age 59.3 DISABILITY RETIREES Number 15 Annual Benefits $ 362,066 Average Annual Benefit $ 24,138 Average Age 63.2 TERM I NATED VESTED MEMBERS Number 20 Annual Benefits $ 495,428 Average Annual Benefit $ 24,771 Average Age 39.5 Re.6mment comwing City of Boynton Beach Municipal Police Oill ers' Retirement Fund Actuarial Impact Statement Based on October 1, 2017 Valuation Page 578 of 612 12. B. LEGAL 5/15/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-007 - SECOND READING - PUBLIC HEARING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) - Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article III, Abandoned Property, Section 10-51.5; to clarify the definitions of default and mortgagee; and to clean up language as to when a registration is required. (Tabled to 5-15-18) EXPLANATION OF REQUEST: PROCHAMPS, a Community Champions Company has administered our City's defaulted property registration program since its inception in 2010. This program was initiated pursuant to City Ordinance 09- 040 for the purpose of requiring mortgagees to register and maintain properties in default to include providing key contact information and paying an annual fee for each property registered. The intent of the Ordinance was to identify all property in default as a means of maintaining properties at risk of becoming vacant and a blighting influence in the community. The proposed amendments are the result of routine Ordinance audits by PROCHAMPS and discussion and collaboration with City staff. Previous years collections: FY 16/17 $266,150 FY 15/16 $203,100 FY 14/15 $346,600 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 579 of 612 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance amending Chapter 10, Article I11, Abandoned Property Page 580 of 612 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE CITY OF BOYNTON BEACH 5 CODE OF ORDINANCES, CHAPTER 10, "GARBAGE, 6 TRASH AND OFFENSIVE CONDITIONS", ARTICLE III, 7 "ABANDONED PROPERTY", SECTION 10-51.59 8 "ABANDONED PERSONAL AND REAL PROPERTY" TO 9 CLARIFY THE DEFINITIONS AND CLEAN UP LANGUAGE 10 AS TO WHEN REGISTRATION IS REQUIRED; 11 PROVIDING FOR REPEAL OF LAWS IN CONFLICT, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 13 DATE. 14 15 WHEREAS, PROCHAMPS, a Community Champions Company, has administered 16 the City's defaulted property registration program since it's inception in 2010; and 17 WHEREAS, this program was initiated for the purpose of requiring mortgagees to 18 register and maintain properties at risk of becoming vacant and a blight in the community. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 22 as being true and correct, and are hereby incorporated herein and made a part hereof. 23 Section 2. Chapter 10, "Garbage, Trash and Offensive Conditions", Article III, 24 "Abandoned Property", Section 10-51.5, "Abandoned Personal and Real Property" of the Code 25 of Ordinances is hereby amended as follows: 26 Sec. 10-51.5. Abandoned personal and real property. 27 (a) Purpose and intent. It is the purpose and intent of this section to establish a process to 28 address the amount of abandoned personal and real property located within the City. This 29 section is further intended to specifically establish an abandoned property program as a 30 mechanism to protect neighborhoods from becoming blighted through the lack of adequate 31 maintenance and security of abandoned properties. 32 (b) Definitions. The following words, terms and phrases, when used in this chapter, shall 33 have the meanings ascribed to them in this section, except where the context clearly indicates 34 a different meaning: C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 581 of 612 I Abandoned personal property: Property that has been left abandoned and unprotected 2 from the elements and shall include, but not be limited to, wrecked, inoperative or partially 3 dismantled trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, 4 furniture and any other similar article that has been left abandoned and unprotected from the 5 elements. 6 Abandoned real property: Any Real Property that is encumbered by a mortgage in 7 Default, is subject to an ongoing foreclosure action, has been the subject of a foreclosure 8 action and a judgement has been entered, or has been the subject of a foreclosure sale where 9 the title was transferred to the beneficiary of a mortgage involved in the Foreclosure and any 10 properties transferred under a deed in lieu of foreclosure/sale. 11 Accessible property: A property that is accessible through a compromised/breached gate, 12 fence, wall, and the like. 13 Accessible structure: A structure/building that is unsecured and/or breached in such a way 14 as to allow access to the interior space by unauthorized persons. 15 Default: The mortgagor has not complied with the terms of the mortgage on the property, 16 or the promissory note, or other evidence of the debt, referred to in the mortgage. 17 Enforcement officer: Any full-time law enforcement officer, building official, code 18 enforcement officer, fire inspector or building inspector employed within the City. 19 Evidence of vacancy: Any condition that, on its own or combined with other conditions 20 present, would lead a reasonable person to believe that the property is Vacant. Such 21 conditions may include, but are not limited to, overgrown and/or dead vegetation; past due 22 utility notices and/or disconnected utilities; accumulation of abandoned personal property, as 23 defined herein; the absence of furnishings and/or personal items consistent with habitation or 24 occupancy; the presence of an unsanitary, stagnant swimming pool; accumulation of 25 newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents 26 or government agents; and/or the presence of boards over doors, windows, or other openings 27 in violation of applicable code, or any other evidence that the property is vacant. 28 Foreclosure: A process, proceeding, or action to enforce a mortgage by terminating a 29 property owner's interest in mortgaged property or by obtaining possession of mortgaged 30 property.. 31 Mortgagee: The creditor, including but not limited to, trustees; mortgage servicing 32 companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; 33 any successor in interest; or any assignee of the creditor's rights, interests or obligations under 34 the mortgage agreement; or any other person or entity with the legal right to foreclose on the 35 Real Property. 36 Nominal salvage value: The value of an article of abandoned or derelict property that a 37 reasonably prudent person would believe is the fair market value of the property, taking into 38 consideration its useful life, earning capacity or replacement cost, less depreciation. Items of 39 general or special depreciation would be nominally greater than the costs of salvage, 40 including the removal, transportation, storage and sale of same. 41 Property management company: A local property manager, property maintenance 42 company or similar entity responsible for inspecting, maintaining, and securing the abandoned 43 Real Property. 44 Public property: Canals, all waterways, lands and improvements owned by a 45 governmental body or any governmental agency, including but not limited to, easements and 46 rights-of-way, but excluding the campus of any institution of the state university system. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 582 of 612 I Real Property: Any residential or commercial land and/or buildings, leasehold 2 improvements and anything affixed to the land, or portion thereof identified by a property 3 parcel identification number, located in the limits of the City of Boynton Beach. 4 Semi Annual Registration: Six (6) months from the date of the first action that requires 5 registration, as determined by the City of Boynton Beach, or its designee, and every 6 subsequent six (6) months. The date of the initial registration may be different than the date of 7 the first action that required registration. 8 Vacant: Any parcel of land, building, or structure that is not legally occupied. 9 (c) Applicability. This section shall be considered cumulative and not superseding or 10 subject to any other law or provision for same, but shall rather be an additional remedy 11 available to the City above and beyond any other state, county and/or local provisions for 12 same. 13 (d) Penalties. Any person who shall violate the provisions of this section shall, upon 14 conviction, be punished as provided in Section 1-6 of the City's Code of Ordinances Code as 15 applicable. In addition, any violation of this section may be enforced through the City's Code 16 Compliance Board, as provided in Chapter 2, Article V, of the City's Code of Ordinances. 17 (e) Placement of abandoned personal property on private property prohibited. 18 (1) It shall be unlawful for any person to abandon personal property upon private 19 property: 20 a. Without such receiving the property owner's consent; or 21 b. In violation of this or any other applicable law, ordinance or regulation. 22 (2) Nothing in this section shall be deemed to apply to abandoned personal property 23 authorized to be left on private business property properly operated, licensed and zoned in the 24 City for the purpose of accepting abandoned property. 25 (f) Public nuisance. All abandoned personal property and Abandoned Real Property is 26 hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, 27 is hereby declared to be necessary for the health, welfare and safety of the residents of the 28 City. 29 (g) Notification procedure. When an enforcement officer ascertains that an article of 30 personal property having nominal salvage value lies abandoned or derelict upon private 31 property, that officer shall: 32 (1) Cause a notice to be placed upon such abandoned property in the substantially 33 following form: 34 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING 35 DESCRIBED PROPERTY: 36 (setting forth brief description) 37 LOCATED AT: 38 (setting forth brief description of location) 39 is: 40 IMPROPERLY STORED AND IS IN VIOLATION OF 41 (setting forth ordinance or resolution violated) 42 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS 43 NOTICE; OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY, 44 AND MAY BE REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF 45 BOYNTON BEACH, FLORIDA, DATED THIS: 46 (setting forth the date of posting of notice) C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 583 of 612 I SIGNED 2 (setting forth name, title, address and telephone number of enforcement officer) 3 (2) Such notice shall be not less than eight (8) inches by ten (10) inches, and be 4 sufficiently weatherproof to withstand normal exposure to the elements. 5 (3) The enforcement officer shall make reasonable effort to ascertain the name and 6 address of the owner of the abandoned property and, if such address is reasonably available, 7 the officer shall mail, by certified mail, a copy of the notice to the owner, on or before the 8 date of posting the above-described notice on the abandoned personal property. 9 (4) The enforcement officer shall mail, by certified mail, a copy of the above-described 10 notice to the owner of the Real Property upon which the abandoned personal property is 11 located, as shown by the real estate tax records as provided by the Palm Beach County 12 Property Appraiser's Office, or any other address provided to the local government by such 13 owner, on or before the date of posting such notice. 14 (h) Removal of abandoned personal property. 15 (1) If at the end of five (5) days after posting notice under this section, the owner or any 16 person interested in such abandoned personal property described in the notice has not 17 removed same, the City may seek an appropriate order from the special magistrate or code 18 enforcement board, and may subsequently cause the article of abandoned personal property to 19 be removed and destroyed, and the salvage value, if any, of such article shall be retained by 20 the City, to be applied against the cost of removal and destruction thereof. 21 (2) Before destruction, for abandoned property on private lands, at the end of the five (5) 22 day period of posting of such notice, if the owner or person having interest in the property has 23 not removed the abandoned property from private property, or shown reasonable cause for 24 failure to do so, the City may cause the property so described to be removed by a towing or 25 salvage company, which shall cause the article or articles of abandoned property to be 26 removed and placed in storage, if applicable with the local, state and federal regulations. At 27 the conclusion of the required storage, if the article is not claimed, and if the salvage value is 28 above one hundred dollars ($100.00), the towing company shall pay the City the sum of 29 twenty-five dollars ($25.00) or ten percent (10%) of such value, whichever is greater, for the 30 administrative costs in handling with the article. If the article is claimed, the City shall 31 receive twenty-five dollars ($25.00) as an administrative fee. 32 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles, 33 from private property to public property after the posting of the property by an enforcement 34 officer. 35 (4) In the event that the abandoned property is deemed to bean imminent public health 36 and safety hazard, an enforcement officer is authorized to remove the property immediately. 37 Subsequent to the removal of the abandoned property, the City shall make reasonable and 38 diligent efforts to ascertain the owner and take the applicable action. If the abandoned 39 property is on private property, the private property owner shall be provided notice and 40 assessed the cost of removal of the abandoned property and any required clean-up of the 41 private property. 42 (i) Registration of Abandoned Real Property. 43 (1) Any Mortgagee who holds a mortgage on Real Property located within the City shall 44 perform an inspection of the property that is the security for the mortgage, upon 45 Default by the mortgagor, or prior to the issuance of a notice of default. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 584 of 612 1 (2) Within ten (10) days of the date any Mortgagee declares its mortgage to be in Default, 2 the Mortgagee shall register the Real Property with the City's foreclosure registry, 3 and, at the time of registration, indicate whether the property is Vacant, and if so shall 4 designate in writing a Property Manager to inspect, maintain and secure the Real 5 Property subject to the mortgage in Default or Defaulted. A separate registration is 6 required for each Defaulted property. 7 (3) Property inspected pursuant to subsection (1) above that remains in Default shall be 8 inspected every thirty (30) days by the Mortgagee or Mortgagee's designee. If an 9 inspection shows a change in the property's occupancy status the Mortgagee shall, 10 within ten (10) days of that inspection, update the occupancy status of the property 11 registration. 12 (4) Registration pursuant to this section shall contain the name of the Mortgagee, the 13 direct mailing address of the Mortgagee, a direct contact name and telephone number 14 of Mortgagee, facsimile number and e-mail address, and the local Property 15 Management Company responsible for the security and maintenance of the property 16 and the direct contact name and telephone number of the manager, facsimile number 17 and email address, and mobile number for direct contact. 18 (5)) An annual registration fee in an amount set by the City Commission, per property, 19 shall accompany the registration. 20 (6) This section shall also apply to properties that have been the subject of a foreclosure 21 sale, where the title was transferred to the beneficiary of a mortgage involved in the 22 foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. 23 (7) Properties subject to this section shall remain under the annual registration 24 requirements, security and maintenance standards of this section as long as the 25 mortgage is under Foreclosure or in Default or Defaulted. 26 (9) Any person or corporation that has registered a property under this section must report 27 any change of information contained in the registration within ten (10) days of the 28 change. 29 (10) If any property is in violation of this Chapter the City may take any necessary 30 actions permitted by law to ensure compliance and the City may place a lien on the 31 property for the cost of the outstanding obligation and any additional costs incurred to 32 bring the property into compliance. 33 34 (j) Maintenance requirements. 35 (1) In addition to the complying with the City's Property Maintenance Code, properties 36 subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, 37 junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, 38 except those required by federal, state or local law, discarded personal items included, but not 39 limited to, furniture, clothing, large and small appliances, printed material or any other items 40 that give the appearance that the property is abandoned. 41 (2) The property shall be maintained free of graffiti or similar markings by removal or 42 painting over with an exterior grade paint that matches the color of the exterior structure. 43 (3) Front, side and rear yard landscaping shall be maintained in accordance with the 44 City's Code of Ordinances at the time registration was required. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 585 of 612 1 (4) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, 2 hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically 3 for residential installation. Landscape shall not include weeds, gravel, broken concrete, 4 asphalt or similar material. 5 (5) Maintenance shall include, but not be limited to, watering, irrigation, cutting and 6 mowing of required landscape and removal of all trimmings. 7 (6) Pools and spas shall be maintained so the water remains free and clear of pollutants 8 and debris. Pools and spas shall comply with the enclosure requirements of this code and the 9 Florida Building Code, as amended from time to time. 10 (7) Failure of the mortgagee and/or property owner of record to properly maintain the I I property may result in a violation of this code and issuance of a citation or notice of 12 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and 13 determination by the City's Code Compliance Board, the City may take the necessary action 14 to ensure compliance with this section. 15 (k) Security requirements. 16 (1) Properties subject to this section shall be maintained in a secure manner so as not to 17 be accessible to unauthorized persons. 18 (2) A secure manner shall include, but not be limited to, the closure and locking of 19 windows, doors, gates and other openings of such size that may allow a child to access the 20 interior of the property and/or structure. Broken windows shall be secured by re -glazing. 21 (3) A local property management company shall be contracted to perform bi-weekly 22 inspections to verify compliance with the requirements of this section, and any other 23 applicable laws. 24 (4) The property shall be posted with the name and twenty-four (24) hour contact phone 25 number of the local property management company. The posting shall be no less than an 26 eight -inch -by -ten -inch sign. The posting shall contain the following language: 27 THIS PROPERTY IS MANAGED BY: 28 (Name of property management company) 29 TO REPORT PROBLEMS OR CONCERNS CALL: 30 (Telephone number of property management company) 31 The posting shall be placed on the interior of a window facing the street to the front of the 32 property so it is visible, or secured to the exterior of the building/structure facing the street to 33 the front of the property so it is visible, or if no such area exists, on a stake of sufficient size to 34 support the posting in a location as close as possible to the main door entrance of the property. 35 Exterior posting shall be constructed of and printed with weather -resistant materials. 36 (5) The local property management company shall inspect the property on a bi-weekly 37 basis to ensure that the property is in compliance with this section. Upon the request of the 38 City or its authorized representative, the local property management company shall provide a 39 copy of the inspection reports to the Code Compliance Department. 40 (6) Failure of the Mortgagee and/or property owner of record to properly maintain the 41 property may result in a violation of this code and issuance of a citation or notice of 42 violation/notice of hearing by a City Code Compliance Officer. Pursuant to a finding and 43 determination by the City's Code Compliance Board, the City may take the necessary action 44 to ensure compliance with this section. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 586 of 612 1 (1) Opposing, obstructing enforcement officer; penalty. Whoever opposes, obstructs or 2 resists any City officer or any person authorized by the City in the discharge of duties as 3 provided in this section, shall, upon conviction, be punished as provided herein. 4 (m) Immunity of Code Compliance Officer. Any Code Compliance Officer, or any person 5 authorized by the City to act pursuant to the City's Code of Ordinances or state law, shall be 6 immune from prosecution, civil or criminal, for reasonable, good faith trespass upon Real 7 Property while in the discharge of duties imposed by this section. 8 (n) Additional authority. The City's Code Compliance Administrator, his/her designee, or 9 the City's authorized representative shall have authority to require the Mortgagee and/or 10 owner of record of any property affected by this section, to implement additional maintenance 11 and/or security measures, including but not limited to, securing any and all doors, windows or 12 other openings, employment of an on-site security guard, or other measures as may be 13 reasonably required to help prevent further decline of the property. 14 (o) Adoption of rules; expenditure of funds; declaration of municipal purpose. The City 15 Manager, consistent with his/her duties and authorities under the City Charter, including those 16 duties and authorities relating to emergency situations, is authorized and empowered to adopt 17 rules and regulations and expend City funds as may be reasonably necessary and available to 18 carry out the terms of this section, the expenditure of such funds being declared a proper 19 municipal purpose. 20 (p) Severability. It is hereby declared to be the intention of the City that the sections, 21 paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, 22 clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by 23 the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality 24 shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of 25 this ordinance. 26 27 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 28 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 29 Section 4. If any clause, section, or other part or application of this Ordinance shall 30 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 31 unconstitutional or invalid part or application shall be considered as eliminated and so not 32 affecting the validity of the remaining portions or applications remaining in full force and effect. 33 Section 5. This Ordinance shall become effective on passage. 34 FIRST READING this day of , 2018. 35 36 SECOND, FINAL READING AND PASSAGE this day of 37 2018. 38 39 CITY OF BOYNTON BEACH, FLORIDA C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 587 of 612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello VOTE ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) YES NO CAAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\32F5D708-1078-4A98-8957- 96B7834CC28C\Boynton Beach. 10152.1.Property_Registration_-_Ordinance.doc 8 Page 588 of 612 12.C. LEGAL 5/15/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. R18-008 - SECOND READING -Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. EXPLANATION OF REQUEST: Section 9 of the City Ordinances pertaining to fire prevention and control must remain consistent with the latest edition of the Florida Fire Prevention Code which is revised every three (3) years. The statute also requires local government to review local ordinances to ensure that they are consistent with the latest edition of the code. This revision of Section 9 of the City Ordinances complies with this statutory requirement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The adoption of this revision will allow the Fire Department and the City of Boynton Beach to comply with State Statutes. It will update our local ordinances to become consistent with the Florida Fire Prevention Code. Ambiguous and outdated language has been revised to increase clarity and to improve our ability to deliver the best service to our community. FISCAL IMPACT: Non -budgeted The changes will included updated fire fees ALTERNATIVES: N/A STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: Approval of this revision will expedite the plans review, permitting, and our annual fire inspection activities to facilitate the downtown redevelopment. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Page 589 of 612 Grant Amount: ATTACHMENTS: Type Description Ordinance revising entire Chapter 9 Fire Protection and Prevention Page 590 of 612 I ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, DELETING THE CURRENT CHAPTER 9, "FIRE 5 PROTECTION AND PREVENTION" IN ITS ENTIRETY 6 AND CREATING A NEW CHAPTER 9, "FIRE 7 PROTECTION AND PREVENTION"; PROVIDING FOR 8 REPEAL OF LAWS IN CONFLICT, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 WHEREAS, the Florida Fire Prevention Code is revised every three (3) years; and 12 WHEREAS, pursuant to Florida Statutes, local government is required to ensure that 13 they are consistent with the latest edition of the Florida Fire Prevention Code. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 15 CITY OF BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 17 as being true and correct, and are hereby incorporated herein and made a part hereof. 18 Section 2. Chapter 9 entitled "Fire Protection and Prevention" of the Code of 19 Ordinances is hereby deleted in its entirety. 20 Section 3. A new Chapter 9 entitled "Fire Protection and Prevention" of the Code 21 of Ordinances is hereby created to read as follows: 22 ARTICLE I. GENERAL 23 24 Sec. 9-1. Boynton Beach Fire Code; Fire Codes Adopted 25 26 The Florida Fire Prevention Code, the NFPA 1 Fire Prevention Code, 2015 edition, the NFPA 27 101 Life Safety Code, 2015 edition, and any subsequent additions adopted by state statute, are 28 adopted as the fire prevention code of the city. These standards and codes are hereby adopted 29 and incorporated as fully as if set out at length in this section. Not less than one copy of the 30 adopted issue of the NFPA Fire Prevention Code, 2015 edition, the NFPA 101 Life Safety 31 Code, 2015 edition, and any subsequent additions adopted by state statute shall be filed in the 32 office of the city clerk and the provisions thereof shall be controlling within the limits of the 33 city and within any municipality which has entered into an interlocal agreement or contract 34 for services from Boynton Beach Fire Rescue unless otherwise provided for. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 591 of 612 2 4 5 Sec® 9-2m Enforcement Authority 6 7 1. All regulations issued by the State Fire Marshal under authority of F.S. Ch. 633, shall 8 be enforceable by the Fire Chief and the Fire Marshal, or designee. The Fire Marshal 9 is hereby authorized to perform within the city any duties that may be imposed upon 10 by such law, or in accordance therewith, and to have such assistance, as needed, from 11 other officials of the city in the discharge of such duties. 12 13 2. Periodic fire safety inspections. 14 15 A. The Florida Fire Prevention Code and the Florida Statue provides that each 16 municipality, county, and special district with fire safety responsibilities is 17 required to enforce the Florida Fire Prevention Code. Such enforcement 18 requires inspections of each new structure or buildings whose occupancy type 19 as defined by the state statute and the Florida fire prevention Code. Fire safety 20 annual inspections shall be conducted on each existing structure or building as 21 defined by the State Statue 633 and the Florida fire prevention Code as adopted 22 by the state Fire Marshal. 23 24 B. No such building shall be occupied without the required fire safety inspection. 25 The frequency of the inspections shall be annually or as otherwise determined 26 by the Fire Marshal. A building occupied in violation of this section is subject 27 to a fine of five hundred dollars ($500.00) per day. Each day constitutes a 28 separate and continuing offense. The city may enforce this provision of the 29 Code by action before the Code Enforcement Board, by notice to appear for 30 violation of a municipal ordinance, or by action for injunctive relief. The fines 31 provided herein are in addition to the penalties authorized by F.S. § 205.053. 32 33 C. The inspection or permitting of any building or plan under the requirements of 34 this code shall not be construed as a warranty of the physical condition of such 35 building or the adequacy of such plan. The city or its employees shall not be 36 liable in tort for damages for any defect or hazardous or illegal condition or 37 inadequacy in such building or plan, or for any failure of any component of 38 such building, which may occur subsequent to such inspection or permitting, 39 pursuant to this code. 40 41 D. Records of all system inspections, tests and maintenance required by the 42 referenced standards shall be maintained on the premises for a minimum of 43 three (3) years and shall be provided to the fire district through a third -party 44 inspection reporting system,. 45 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 592 of 612 1 2 Sec® 9-3. Examination uil ing Permits 3 4 1. No building permit shall be issued by the Building Department for new construction, 5 demolition, moving of existing buildings or renovation of existing structures normally 6 requiring a building permit until a complete set of plans and/or specifications have 7 been examined and approved by the Fire and Life Safety Division. 8 9 2. No building that requires a Certificate of Occupancy (CO) from the Building Official 10 shall be occupied for any purpose until a Fire Department Fire Final Has been 11 approved. 12 13 3. Nothing in this section shall apply to single-family or duplex residential units. 14 Exception: Fire sprinkler systems, generators, or gas installations. 15 16 4. When work for which a permit is required by this chapter is started prior to issuance 17 of a permit, the fees herein specified shall be four times the original fee. 18 19 5. The payment of such fees shall not relieve any person from fully complying with the 20 requirements of this chapter in the execution of the work, nor from any other 21 penalties prescribed herein. 22 23 24 Sec® 9-4. Penalty for Violations 25 26 1. Failure to comply with any provisions of this chapter shall be deemed a violation. 27 28 2. Any person or entity violating any provision of this chapter shall be punishable as 29 provided in the Florida Fire Prevention Code, section 1-16 of NFPA 1 and as provided 30 in the City Of Boynton Beach Code of Ordinances. 31 32 3. The application of a penalty for violation of this chapter shall not be held to prevent 33 the enforced removal of prohibited conditions. 34 35 36 37 38 39 40 41 42 43 Sec® 9-5m Automatic Fire Protection Systems Existing building or structure, for purposes of this section, means a building or structure for which an application for building permits is sought after the date of the adoption of this chapter. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 593 of 612 2 1. All automatic fire protection systems (i.e. sprinkler, standpipe, fire pump systems and 3 other suppression systems) shall be maintained under a written service contract with 4 service companies licensed by the State of Florida to provide such services and which 5 possess a current business tax receipt for the city, providing for regular maintenance 6 and testing of the systems in accordance with all applicable codes and standards. 7 9 A. The service company performing the maintenance and tests shall forward a 10 written report to the Fire and Life Safety Division indicating the nature of any 11 repairs, modifications and/or corrections completed by the service company, 12 the date and time of such tests and inspections, and any other information 13 which may be required by the Fire Rescue Department. In addition, a copy of 14 the service report must be maintained on the premises, and it shall be subject to 15 inspection at any time. 16 17 B. All fire alarm signal systems, automatic extinguishing and/or detection systems 18 shall be provided with an approved annunciator panel designed to indicate the 19 floor number and the section of the building reporting a fire alarm or fire 20 condition. Each alarm -initiating device shall indicate an individual location on 21 such annunciator. The alarm initiating device shall indicate its individual 22 location to the monitoring central station. The annunciator shall respond to 23 either manual or automatic devices, and all devices within the system shall be 24 connected to the annunciator. The location of the annunciator panel shall be 25 designated by the Fire and Life Safety Division, and it shall be so located as to 26 be immediately available to the Fire Rescue Services Department at all times. 27 In a complex with multiple buildings, each building shall have its own 28 transmitter for alarm signal disposition to the central station. 29 30 C. All new buildings and structures more than three (3) stories or thirty-six (36) 31 feet in height or all buildings more than two (2) stories in height and more than 32 30,000 square feet per floor level, shall be equipped with approved Class 1 33 standpipes to provide reasonable safety to persons and property. 34 35 D. Approved automatic fire sprinkler systems as hereinafter defined shall be 36 installed throughout the following buildings and structures: 37 38 Buildings of an institutional or educational character, hospitals, nursing 39 homes, homes for the aged, convalescent centers, rehabilitation 40 facilities, day care centers for more than twelve (12) clients under one 41 (1) year of age, adult congregate living facilities, and all occupancies 42 and uses of similar nature to those herein stated, without regard to the 43 type of construction or height of the building involved. 44 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 594 of 612 1 2. An approved audible and visual waterflow alarm (horn/strobe) shall be provided on 2 the exterior of the building in an approved location, facing the street front of the 3 building. 4 3. A weatherproof horn/strobe or speaker/strobe shall be installed directly above the key 5 box at a height easily seen upon approach to the area. 6 7 Sec® -6m - Fire Alarm System Certification Requirements 10 1. The applicant for a required fire alarm installation permit shall submit to fire rescue 11 services department plan review, along with the permit application, documentation 12 listing the NRTL central station for the alarm system, and provide documentation of 13 the Nationally Recognized Testing Laboratory (NRTL) certification at time of 14 acceptance testing of the fire alarm system or added components. 15 16 2. The applicant must demonstrate that the fire alarm monitoring will be performed by 17 a NRTL certificated central station. 18 19 3. All required NRTL certificated fire alarm systems must maintain NRTL compliance 20 and NRTL monitoring. 21 22 Sec® 9-7m - False Alarm Signal Service Charge; Collection. 23 24 1. For response to excessive false alarm signals by the Fire Rescue Department, the 25 alarm user shall be charged a service fee by the city as established by resolution of the 26 City Commission and on file in the City Clerk's office for the first false alarm signal 27 in excess of three false alarm signals in any 12 -month period, a service fee as 28 established by resolution of the city commission for the second false alarm signal in 29 excess of three in any in any 12 -month period, and a service fee as established by 30 resolution of the City Commission for the third and each successive false alarm signal 31 in excess of three in any 12 -month period. The provisions of this section shall not 32 apply for a period of three months from the date a permit is issued by the city for the 33 installation of an automatic fire detection system. The Fire Marshal shall determine 34 whether a false alarm signal has been transmitted and the frequency of such false 35 alarm signals, and the city shall notify alarm users of amounted owed to the city and 36 shall make demand thereof pursuant to the provisions of this section. 37 38 2. False alarms could also be defined as excessive public assist calls wherein no 39 medical services are provided. 40 41 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 595 of 612 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Sec® 9-8. - Alarm Registration. All required fire alarm systems must comply with the requirements of di.t ,r 2,5, Code of .............. Ordinances. Sec® 9-9m Fire Protection Water Supply Requirements. 1. In accordance with NFPA 24 (2013) Section 5.1.1, design of water based suppression systems that are not supplied by fire pumps, shall be based on drought conditions (45 psi static per the Utilities Department). 2. New construction projects must provide the results of a hydrant flow test performed by the Fire Rescue Department, indicating a fire flow not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. 3. The required fire flow for hydrants protecting high-rise buildings shall be 3000 gpm @ 20 psi above domestic use. 4. Hydrants not in service (no water available) shall be covered with a black plastic bag so as not to be mistaken for active hydrants available for fire suppression. 5. Water meters are prohibited on fire sprinkler supply lines. Sec® 9-10. Fire Hydrants and Fire Department Connections 1. Reflective blue markers shall be placed to indicate the location of a hydrant. 2. Reflective red markers shall be placed to indicate the location of fire department connections to a sprinkler or standpipe system. 3. Fire hydrants shall be painted red in accordance with specifications approved by the Fire Chief. 4. A fire hydrant shall be located within one hundred (100) feet of the fire department connection, along access roadways with all-weather driving surfaces, distance measured as the fire truck travels. Sec® 9-11m Open Fires 1. Defined. Open Fires are defined as any outdoor fire or open combustion of material except barbecuing. Charcoal and propane fires, which are contained within a C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 596 of 612 I manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute 2 open burning. 3 4 2. Prohibited generally. It shall be unlawful to have any open fires within the city limits 5 on public or private property, except for fire training purposes or recreational or 6 ceremonial occasions for which written permits from the Fire Rescue Department are 7 required. 8 9 10 Sec® 9-12m Roadway Security Gates and Emergency Access 11 12 1. All security gates across roadways used by emergency response vehicles must be 13 provided with an authorized key box or key switch to operate the gate in addition to 14 any other devices specified by the Fire Chief. Information on where authorized key 15 security boxes can be obtained is available from the Fire and Life Safety Division. 16 17 2. In case of power failure, any electronic gate shall open automatically and remain open 18 until power is restored. 19 20 3. In the event that emergency personnel are unable to gain rapid entry with the methods 21 above, forcible entry methods to gain entry may be used. The city and/or the Fire 22 Rescue Department shall not be responsible for, nor incur any costs as a result of 23 gaining access to a specific area. 24 25 4. Trees with branches over areas accessible to fire apparatus must maintain sixteen (16) 26 feet of vertical clearance. Vegetation shall not intrude into the roadway such that 27 would limit the free passage of emergency vehicles. 28 29 30 Sec® 9-13m Key BoxesE ntry Systems 31 32 In all new and existing buildings, except individual residential dwelling units of any kind, 33 there shall be installed a key box for such areas or buildings when the Fire Marshal 34 determines that access to or within a structure or an area is unduly difficult because of secured 35 doors and windows, security gates, or where immediate access is necessary for all life-saving 36 or firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall 37 contain: 38 39 1. Keys to locked points of egress, whether in common areas or on the interior or exterior 40 of such buildings; 41 42 2. Keys to locked mechanical equipment rooms; 43 44 3. Keys to fire alarm control panels; 45 46 4. Keys to suppression system components; C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 597 of 612 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5. Keys to locked electrical rooms; 6. Keys to elevator controls; and 7. Keys to other areas where fire rescue personnel may need emergency access as directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock box. Sec® 9-14. Control of Automatic Elevators; Emergency Use 1. Emergency auxiliary power required. A. Emergency auxiliary electrical power shall be provided for all elevators equipped with the key switch service for fire rescue services department personnel. The auxiliary power supply shall be capable of supplying power to the elevators for a period of at least 24 hours. The auxiliary power supply shall be approved by the fire rescue services department. B. Emergency auxiliary power shall remain on for the car in use by firefighters regardless of selection switch devices, which may also be installed to rotate emergency power to other cars in the building. C. No more than 10 seconds shall be required for the auxiliary power to be in full operation and the operation of the emergency power supply shall automatically transfer to the firefighters' service car. D. A maintenance schedule shall be maintained in the generator equipment room to record all tests and operation of such auxiliary power equipment. The records shall be posted and available to the fire rescue services department at all times. E. All auxiliary power equipment and automatic transfer apparatus shall be 35 tested weekly 36 37 F. For all buildings, which are designed and constructed having separate towers, 38 each tower shall be treated as though it were a separate building. 39 40 41 2. In all buildings equipped with automatic elevators, at least one (1) designated elevator 42 servicing all floors of the structure shall be arranged for emergency use (firefighter's 43 service) by Fire Department personnel. The control of automatic elevators shall meet 44 the requirements as set forth under the state elevator code and ASME/ANSI, Al7.1. 45 46 3. Emergency use elevator to be identified C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 598 of 612 2 4. A standard emergency access door key shall be provided for all elevators in the city 4 Sec® 9-15. Fireworks 6 1. The term Fireworks shall mean and include any combustible or explosive 7 composition, or any substance or combination of substances, or article prepared for the 8 purpose of producing a visible or an audible effect by combustion, explosion, 9 deflagration or detonation, as defined by F.S. Ch. 791. 10 11 2. The Fire Marshal may adopt reasonable rules and regulations for the granting of 12 permits for supervised displays of fireworks by the city, fair associations, civic groups, 13 and other organizations or groups of individuals. Prior to any outdoor use of fireworks, 14 pyrotechnic special effects, flame effects, or any other item listed in subsection (a) or 15 (b) of this section, a permit shall be obtained from the City Manager, or designee, after 16 submission of an application for such permit and payment of an application fee. Such 17 outdoor use shall be in accordance with NFPA Code 1123 and NFPA Code 1124. The 18 City Manager, or designee, may include such conditions in such permit as deemed 19 necessary to ensure compliance with all applicable requirements and protect the public 20 health, welfare and safety, including but not limited to payment of inspection fees. No 21 permit granted hereunder shall be transferable. 22 23 3. Before the issuance of a permit for a display of fireworks, the applicant shall furnish 24 proof of financial responsibility, in the form of liability insurance with a minimum of 25 $1,000,000.00 coverage for each occurrence to satisfy claims for damages to property 26 or personal injuries arising out of any act or omission on the part of the applicant or 27 any agent or employee thereof, in such amount, character and form as the Fire Marshal 28 determines to be necessary for the protection of the public. 29 30 4. No permit shall be issued under the provisions of this section to an applicant not 31 having an established place of business within the state for conduct of a display of 32 fireworks until the applicant has fulfilled the legal requirements for service of process 33 upon the person or entity seeking a permit. In the case of a corporation, proof of 34 registration with the Secretary of State, as a nonresident corporation shall be required. 35 36 5. During times of water shortages or water shortage emergencies, as determined by the 37 South Florida Water Management District and/or the city and defined in Chapter 40E- 38 21, Florida Administrative Code, as it may be amended from time to time; the 39 possession, use or sale of consumer fireworks, including sparklers as defined in F.S. § 40 791.01(8), is prohibited within the city limits without a permit as discussed above. 41 42 9-16. Fees for Fire Code Inspections and Other Fire Code tnspection-Related Services 43 Fees shall be charged to the user/consumer for new construction permits, inspections and 44 yearly fire prevention code inspections and re -inspections performed on structures or C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 599 of 612 I buildings by the Fire Rescue Department as set forth in a resolution adopted by the city 2 commission. Fees for other fire code inspection -related services, including, but not limited 3 to, fire pump tests, hydrant tests, and preliminary plans review, shall be charged to the 4 user/consumer as set forth in a resolution adopted by the city commission. 6 Sec® 9-17. Requirements for High -Rise Buildings 7 8 1. The following life safety features shall be provided and maintained in working order 9 by the property owner in accordance with approved plans and specifications and shall 10 be tested, certified and proved to be in proper working condition at the owners cost to 11 the satisfaction of the Fire Marshal before issuance of the Certificate of Compliance. 12 13 a. Equipment storage rooms. Equipment rooms or areas as described in the Fire 14 Department Design Guide, for purpose of storing equipment for Fire 15 Department use shall be provided. 16 17 18 Sec® 9-18. — Public Safety Radio Communication System 19 20 In all new buildings, minimum radio signal strength for public radio signals shall be 21 required within the building. In buildings that cause reduction of public safety radio signals 22 below the acceptable level for reliable communications, a bi-directional amplifier (BDA) 23 shall be required. In buildings where phone jacks are required as part of an alarm system, a 24 BDA shall be installed and maintained by the building owner, in lieu of the phone jacks. 25 Installation and signal strength shall be the minimum requirements per NFPA 1, Annex O 26 (In -Building Public Safety Radio Enhancement Systems) or NFPA 72 edition, or as 27 specified by the AHJ. 28 29 3o ARTICLE IV. FIRE AND LIFE SAFETY DIVISION 31 32 Sec® 9-19 Inspection complaint; Order to Remedy anger; Evacuation of Occupied 33 Buildings or Structures 34 35 1. The Chief of the Fire Rescue Services Department, the Fire Marshal, or Fire 36 Inspector of the Fire and Life Safety Division may order the immediate cessation of 37 any activity, operation or process, when such operation, activity, or process is 38 deemed to constitute a severe and immediate hazard to persons or property. 39 4o 2. It is unlawful for any person who, after being served with either a verbal or written 41 order to cease such severe and immediate hazardous activity, operation or process, to 42 fail or refuse to comply with such an order. 43 44 3. The Fire Marshal, or designee may order the immediate evacuation of any occupied 45 building or structure or assembly area when such building, structure or assembly C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 600 of 612 I area is deemed hazardous due to fire hazard, obstruction to exits, overcrowding of 2 the premises, or any other hazard or potential which presents immediate danger to 3 the occupants. The premises or any portion thereof may not be reoccupied until it 4 has been examined and deemed free of the hazard or potential which caused the 5 evacuation to be ordered. Persons refusing to obey either a verbal or written order of 6 the Fire Marshal or designee shall be subject to immediate arrest. 7 9 Sec® 9-20. - Authority to Require Employment of Standby Emergency Services 10 Personnel for Events Held Within the City 11 12 1. The Fire Marshal or designee is hereby authorized to require the employment of one 13 or more standby city emergency services personnel, by any owner, lessee, agent or 14 promoter, when in the Fire Marshal's opinion it is essential that such personnel be on 15 duty in any place of public assembly or any other place where people congregate. 16 The determination that standby emergency services personnel are required shall be 17 based upon the number of persons in attendance and the nature of the performance, 18 exhibition, display, contest, event or activity. While so employed, such personnel 19 shall be subject to the fire chief s orders at all times and shall be in uniform and 20 remain on duty during the times such places or events are open to the public, or 21 when the activity is being conducted. Paramedics or EMTs shall not be required or 22 permitted, while on duty, to perform any other duties than those specified in this 23 article. 24 25 2. Standby emergency services shall be provided exclusively through the City Fire 26 Rescue Department. The Fire Rescue Department is authorized to charge for services 27 rendered under this section, based upon the fire rescue department's cost to provide 28 the required level of emergency services including, any administrative expenses. The 29 Fire Chief may reduce or waive fees if deemed appropriate. 30 31 32 Sec® 9-21. Definitions; Authority andResponsibility; Cost Recovery for Special 33 Operations and Clean-up of Hazardous Materials. 34 35 1. For the purpose of this section, the following words and phrases shall have the 36 meanings given herein: 37 38 A. Costs. Those necessary and reasonable costs incurred by the city in connection 39 with investigating, mitigating, minimizing, removing or abating discharges of 40 hazardous substances, or in connection with costs incurred by any activity of 41 the special or tactical operations unit including but not limited to actual labor 42 costs of city personnel or its authorized agents; costs of equipment operation 43 and rental; costs of expendable items, including but not limited to firefighting 44 foam, chemical extinguishing agents, absorbent material, sand, recovery 45 drums, acid suits, acid gloves, goggles and protective clothing. 46 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 601 of 612 I B. Discharge. Any intentional or unintentional action or omission resulting in the 2 releasing, spilling, pumping, pouring, emitting, emptying or dumping of a 3 hazardous substance upon public or private property located within the 4 corporate limits of the city. 6 C. Hazardous substances. Any substances or materials in a quantity or form 7 which in the determination of the Fire Department pose an unreasonable and 8 imminent risk to the life, health, safety or welfare of persons or property within 9 the city and shall include but not be limited to those substances listed in the 10 NFPA Guide on Hazardous Materials or the EPA's list of extremely hazardous 11 substances, or the Florida Substance List promulgated by the state department 12 of labor and employment security. 13 14 2. The Fire Rescue Department is hereby authorized to take such steps as necessary to 15 clean up, remove or abate the effects of any hazardous substances discharged upon or 16 into public or private property or facilities located within the corporate limits of the 17 city, and is authorized to use its special or tactical operations unit to effectively deal 18 with specific emergencies, including, but not limited to, high -angle, confined space, 19 and other forms of vertical rescue. 20 21 3. Any person responsible for causing or allowing an unauthorized discharge of 22 hazardous substances which requires action by the Fire Rescue Department or its 23 authorized agents in order to protect the public health, safety or welfare shall 24 reimburse the city for the full amount of all costs associated with the investigating, 25 mitigating, minimizing, removing and abating any such discharge, or otherwise 26 providing relief to a life-threatening situation involving special and tactical 27 operations. Reimbursement shall be made within thirty (30) days after receipt of an 28 itemized bill for such costs from the city. 29 30 4. When responding to the emergency caused by the unauthorized discharge of 31 hazardous substances, or to an emergency requiring the use of the special or tactical 32 operations unit, the Fire Rescue Department shall keep a detailed record of the cost 33 attributable thereto. 34 35 5. The authority to recover costs under this section shall not include costs incurred for 36 actual fire suppression services, which are normally or usually provided by the Fire 37 Department or its authorized agents. 38 39 6. Any person responsible for causing or allowing an unauthorized discharge of 40 hazardous substances, or responsible for an emergency requiring the use of the special 41 operations and tactical unit, and who fails to reimburse the city within the time set 42 forth herein shall be subject to a late fee in the amount of 10% of the total amount of 43 the bill for each additional day that the bill for such costs remains unpaid. 44 45 7. The remedy provided for in this section shall be supplemental to and in addition to all 46 other available remedies by law and equity. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 602 of 612 1 2 Sees. 9-22-9-12 . Reserved. 3 4 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 5 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 6 Section 5. If any clause, section, or other part or application of this Ordinance shall 7 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 8 unconstitutional or invalid part or application shall be considered as eliminated and so not 9 affecting the validity of the remaining portions or applications remaining in full force and effect. 10 Section 6. This Ordinance shall become effective on passage. 11 FIRST READING this day of 12 13 SECOND, FINAL READING AND PASSAGE this 14 2018. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ATTEST: 32 33 34 Judith A. Pyle, CMC 35 City Clerk 36 37 (Corporate Seal) 2018. day of CITY OF BOYNTON BEACH, FLORIDA Mayor – Steven B. Grant Vice Mayor – Christina L. Romelus Commissioner – Mack McCray Commissioner – Justin Katz Commissioner – Joe Casello VOTE YES NO C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B8DBF085-94C4-46C3-BA94- FE460F6C5FC1\Boynton Beach. 10073.1.Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 Page 603 of 612 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers - June 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 13.A. FUTURE AGENDA ITEMS 5/15/2018 Page 604 of 612 13.B. FUTURE AGENDA ITEMS 5/15/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 605 of 612 13.C. FUTURE AGENDA ITEMS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 606 of 612 13.D. FUTURE AGENDA ITEMS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 607 of 612 13. E. FUTURE AGENDA ITEMS 5/15/2018 REQUESTED ACTION BY COMMISSION: Announce Budget Workshop dates and times: Budget Workshops at Intracoastal Park Clubhouse; Monday, J my 16, 2018 @ 5:00 P. M. Tuesday, July 17, 2018 @ 10:00 A.M. Wednesday, July 18, 2018 @ 2:00 P.M. EXPLANATION OF REQUEST: Our FY 2018/2019 Budget process is underway. Budget Workshops are scheduled to be held July 16-18, 2018 at the Intracoastal Park Clubhouse. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. The following workshops have been scheduled: Budget Workshops: Monday, July 16, 2018: 5:00 p.m. Tuesday, July 17, 2018: 10:00 a.m. Wednesday, July 18,2018: 2:00 p.m. As a reminder, Tuesday, July 17, 2018 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 608 of 612 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 609 of 612 13. F. FUTURE AGENDA ITEMS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Staff to report on the possibility of the City beginning a Bike Share Program - June 5, 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 610 of 612 13.G. FUTURE AGENDA ITEMS 5/15/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/15/2018 REQUESTED ACTION BY COMMISSION: Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City -Wide program - June 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 611 of 612 13. H. FUTURE AGENDA ITEMS 5/15/2018 REQUESTED ACTION BY COMMISSION: Consider approving ILA with the CRA for funding associated with the NW 11th Avenue reconstruction bid associated with the Model Block Project - June 5, 2018. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 612 of 612